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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Campbell 19CA3683CRIMINAL SENTENCING - Record supported Appellant's twenty-four-month sentence recommended in the plea agreement, where Appellant was warned at plea hearing not to fail drug tests or fail to show up for sentencing or she would receive a greater sentence and Appellant had previously served a prison term.SmithRoss 5/26/2020 6/1/2020 2020-Ohio-3146
State v. McCoy 19CA4CRIMINAL-PRESENTENCE MOTION TO WITHDRAW PLEA - Trial court did not abuse its discretion in denying Appellant's motion to withdraw his guilty plea where it was clear Appellant's true reason to withdraw his plea was a change of heart.SmithGallia 5/19/2020 5/26/2020 2020-Ohio-3088
In re I.W. 19CA902Trial court’s permanent custody determination is in the best interest of the children, and is also supported by the manifest weight of the evidence and sufficiency of the evidence.AbelePike 5/18/2020 5/27/2020 2020-Ohio-3112
State v. Conn 19CA1104CRIMINAL-POST RELEASE CONTROL NOTIFICATION - The trial court's use of the phrase "up to" rather than "a period of" when imposing a mandatory five-year term of post-release control did not render the imposition of post-release control void where the totality of the circumstances indicate the appellant was placed on notice he was subject to a mandatory term of five years of post-release control. In considering the totality of the circumstances concerning a trial court's imposition of post-release control, reviewing courts may look to other documents, such as plea agreements, sentencing hearing transcripts, and judgment entries that alone may be insufficient to properly impost post-release control.SmithAdams 4/24/2020 5/1/2020 2020-Ohio-2757
State v. McNichols 19CA3681R.C. 2945.40–person mentally ill subject to court order under R.C. 5122.01(B)(4); trial court’s finding that defendant is a mentally ill person subject to court order reversed and remanded when record unclear whether trial court first considered whether defendant has a mental illness as defined in R.C. 5122.01(A).AbeleRoss 4/24/2020 4/29/2020 2020-Ohio-2705
State v. McPherson 19CA14OVI-R.C. 4511.19(A)(1)(d)-MANIFEST WEIGHT - Where the record fails to indicate the jury lost its way or created a manifest miscarriage of justice in weighing the evidence, considering the credibility of witnesses, and resolving conflicts in the evidence, the defendant's conviction for OVI in violation of R.C. 4511.19(A)(1)(d) is not against the manifest weight of the evidence. The weight to be given evidence is for the trier of the fact, and the jury - as the trier of fact - is free to accept or reject any and all evidence and to assess witness credibility.SmithWashington 4/24/2020 5/1/2020 2020-Ohio-2758
State v. MacIntyre 19CA09Appellant failed to show that the trial counsel’s representation fell below the standards required by the Sixth and Fourteenth Amendments under both the United States and Ohio Constitutions resulting in an unknowing and involuntary plea.AbeleWashington 4/17/2020 4/27/2020 2020-Ohio-2680
State v. McClure 19CA9motion to suppress, pat-down search, pockets, plain feel doctrine, folded piece of paperHessMeigs 4/16/2020 4/20/2020 2020-Ohio-1574
State v. King 19CA10Revocation of Judicial Release-R.C. 2929.20-VIOLATION OF COMMUNITY CONTROL-R.C. 2929.15 - The trial court properly reserved the right to sentence Appellant to the balance of his reduced prison sentence at the time he was granted judicial release and then properly imposed the balance of the reduced prison term when Appellant's judicial release was revoked due to a violation of the terms and conditions of community control, R.C.2929.20, rather than R.C. 2929.15, governs the revocation of judicial release based upon a violation of community control.SmithLawrence 4/13/2020 4/16/2020 2020-Ohio-1512
In re Adoption of T.C.W. 19CA6ADOPTION-CONSENT-DE MINIMIS CONTACT-OPPORTUNITY TO BE HEARD-DUE PROCESS - Because the record contains competent and credible evidence supporting the trial court's finding that Appellant lacked justifiable cause for his failure to have more than de minimis contact with his child, the trial court's determination that Appellant's consent was not necessary for the adoption is affirmed, however, by excluding Appellant from the best interest portion of the hearing, the trial court deprived Appellant of his only and last opportunity to be heard regarding the child's best interest and the termination of his parental rights. This deprivation resulted in a manifest miscarriage of justice requiring a reversal and remand for Appellant to be afforded an opportunity to be heard regarding whether the adoption is in the child's best interest.SmithMeigs 4/10/2020 4/15/2020 2020-Ohio-1484