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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Wilson 102189Conceded error; Loc.App.R. 16(B); nunc pro tunc; court costs. Sentencing entry erroneously ordered defendant to pay court costs where court waived court costs on the record at the sentencing hearing. A nunc pro tunc entry should be issued to correct the sentencing entry to reflect what occurred in open court on the record.BlackmonCuyahoga 2/4/2016 2/4/2016 2016-Ohio-379
State v. Lumbus 102273Motion to suppress; traffic stop; inventory search; standing; reasonable expectation of privacy; consent to search; R.C. 4511.21; pacing; reasonable suspicion; pretext; R.C. 2933.23; Evid. R. 702; expert testimony. The trial court did not err in failing to suppress evidence obtained from (1) the inventory search of appellant's vehicle, (2) appellant's grandmother's garage, as appellant failed to demonstrate that he had a legitimate expectation of privacy in the garage, and thus lacked standing to challenge the officers' search, and (3) the Friend Avenue and Pratt Avenue search warrants. Furthermore, the trial court's recognition of Officer Kime as an expert witness in the field of computer forensic examination was not an abuse of discretion. Judgment affirmed.CelebrezzeCuyahoga 2/4/2016 2/4/2016 2016-Ohio-380
Garfield Hts. v. Williams 102279Right to Counsel, Sixth Amendment, Sufficient Evidence. Trial court erred in failing to obtain a proper waiver of appellant's right to counsel at trial. An acknowledgment of rights form signed by the appellant was insufficient to constitute waiver of counsel. However, because the offense was a misdemeanor the remedy was limited to reversing only those portions of appellant's sentence that constitute "actual imprisonment." Appellant's convictions were otherwise supported by sufficient evidence.GallagherCuyahoga 2/4/2016 2/4/2016 2016-Ohio-381
State v. Beckwith 102544Cross-examination; hearsay; effective assistance of counsel; manifest weight of the evidence. In accordance with Evid.R. 801(D)(1)(a), the state was permitted to cross-examine its own witness. The appellant was denied a fair trial because the witness' statements were not hearsay. The appellant was not denied effective assistance of counsel because his attorneys were unaware that any unadmitted statements were give to the jury. The appellant's convictions were not against the manifest weight of the evidence.MaysCuyahoga 2/4/2016 2/4/2016 2016-Ohio-382
State v. Black 102586Felonious assault; domestic violence; R.C. 2953.08(D)(1); allied offenses of similar import; R.C. 2941.25; plea agreement; agreed sentence; waiver; forfeiture; plain error; different conduct; consecutive sentences - Defendant waived the issue of whether his convictions for felonious assault and domestic violence were allied offenses of similar import where the parties agreed to a sentence as part of plea agreement, the trial court imposed the agreed sentence, and the transcript clearly showed that defense counsel agreed that the offenses would not merge for sentencing and that consecutive sentences would be imposed. Even if defendant had not waived the allied offense issue, by failing to seek the merger of his convictions as allied offenses of similar import in the trial court, defendant forfeited his allied offenses claim for appellate review. Trial court did not commit plain error in failing to merge convictions for sentencing because defendant failed to demonstrate a reasonable probability that domestic violence and felonious assault offenses were allied offenses of similar import.GallagherCuyahoga 2/4/2016 2/4/2016 2016-Ohio-383
State v. Stephens 102660Jury instruction, self-defense, character evidence, Evid.R. 404, "open the door," new trial. Trial court abused its discretion in refusing to give a self-defense jury instruction because sufficient evidence was presented by the defendant that, if believed, would cause reasonable minds to reach the conclusion that the defendant acted in self-defense. Trial court committed plain error in allowing the state to question the defendant about a prior conviction when the defendant did not open the door by introducing evidence of his character for peacefulness during his direct testimony. The errors, either together or alone, deprived defendant of a fair trial.KeoughCuyahoga 2/4/2016 2/4/2016 2016-Ohio-384
State v. Arafat 102662Motion to suppress; investigatory Terry stop; probable cause to arrest, hotel room. On the record, the totality of the circumstances provided police probable cause to arrest appellant. The police had reasonable suspicion to conduct the Terry stop and then the detective smelled marijuana coming from appellant's person. Appellant then gave consent to search his car. Thus, it was not error for the trial court to deny appellant's motion to suppress.JonesCuyahoga 2/4/2016 2/4/2016 2016-Ohio-385
Acacia on the Green Condo. Assn., Inc. v. Jefferson 102778Foreclosure; lien priority; R.C. 5302.12; 5301.25. The trial court erred by granting summary judgment in favor of the appellee. A mortgage is not deemed unrecorded as a matter of law for the failure to include a land description. Appellee had notice of the prior mortgage in spite of the land description not being included. Therefore, appellee was not a bone fide purchaser. Appellant's lien, which was filed first, has the first and best lien.BlackmonCuyahoga 2/4/2016 2/4/2016 2016-Ohio-386
State v. Campbell 102788Trafficking; illegal conveyance; plea; structural error, constitutional error; denial of counsel of choice; Crim.R. 11; affidavit of indigency; ineffective assistance of counsel. The trial court did not commit structural constitutional error by denying the appellant his right to counsel of choice when retained counsel's law partner represented the appellant during his plea hearing. There is no evidence in the record to support the conclusion that the appellants entered an involuntary plea. Appellant failed to show that he suffered prejudice by trial counsels' failure to file an affidavit of indigency, thus investing the trial court with the authority to waive mandatory fines.StewartCuyahoga 2/4/2016 2/4/2016 2016-Ohio-389
State v. Ziska 102798Consecutive sentence; R.C. 2929.14(C)(4); clearly and convincingly; contrary to law; supported by the record; purposes and principles of sentencing; R.C. 2929.11; sentencing factors; R.C. 2929.12. Appellant's consecutive sentence is not clearly and convincingly contrary to law where the record supports the court's findings made under R.C. 2929.14(C)(4) when imposing sentence and ordering consecutive service. The sentence is not contrary to law where the court considered the purposes and principles of sentencing under R.C. 2929.11 and the sentencing factors under R.C. 2929.12.McCormackCuyahoga 2/4/2016 2/4/2016 2016-Ohio-390
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