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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Brown 106410Conspiracy to commit trafficking in persons; R.C. 2950.01(A)(11)(a); Tier II sex offender; plea colloquy; Crim.R. 11(C)(2)(a); advisement of sex offender classification; substantial compliance; complete failure to comply. Defendant’s guilty plea to conspiracy to commit trafficking in persons was void where trial court failed to advise defendant during the plea colloquy that he would be required to register as a sex offender as a consequence of his guilty plea. Trial court’s omission of any reference to sexual offender classification at defendant’s plea hearing constituted a complete failure to comply with Crim.R. 11.GallagherCuyahoga 2/14/2019 2/14/2019 2019-Ohio-527
State v. Sheline 106649Murder; aggravated arson; motion in limine; other acts evidence; due process; fair trial; abuse of discretion; Evid.R. 404(B); identity; modus operandi; harmless error; Crim.R. 52(A); sufficiency; Crim.R. 29; circumstantial evidence; serious physical harm; manifest weight; hearsay; Evid.R. 801; Evid.R. 802; authentication; Evid.R. 901; right to confrontation; video testimony; motion to dismiss; speedy trial; R.C. 2945.71; tolling; R.C. 2945.72; preindictment delay; motion for a mistrial; Brady violation; exculpatory evidence; Crim.R. 16; consecutive sentences; R.C. 2929.14(C)(4); R.C. 2953.08. Appellant’s convictions for murder and aggravated arson and the trial court’s sentence are affirmed. The trial court did not err by denying appellant’s motion in limine, and appellant’s rights to due process and a fair trial were not violated by the trial court’s admission of other acts evidence. Appellant’s convictions were supported by sufficient evidence and not against the manifest weight of the evidence. The trial court did not err by admitting evidence that was not properly authenticated or inadmissable hearsay. The trial court did not err in permitting a state’s witness to testify remotely, and appellant’s constitutional right to confront the state’s witness was not violated. The trial court did not err by denying defense counsel’s motions to dismiss or motions for a mistrial. The trial court did not err in imposing consecutive sentences. CelebrezzeCuyahoga 2/14/2019 2/14/2019 2019-Ohio-528
State v. Rafter 106787Aggravated murder; prior calculation and design; gruesome photographs; prosecutorial misconduct; bad acts. State presented sufficient evidence of purpose to kill with evidence that the suicidal defendant, driving the wrong way on an interstate highway while traveling at maximum speed, swerved into the victim’s lane in order to kill himself, knowing that a collision with another vehicle that was severe enough to cause his death would surely cause the death of the driver of the other vehicle. Photographs of the victim in her car immediately after a collision were gruesome, but nevertheless relevant to prove the defendant’s intent to kill in that they depicted the force of the collision, thus proving the defendant’s intent to kill the victim.YarbroughCuyahoga 2/14/2019 2/14/2019 2019-Ohio-529
State v. Nelson 106858Consecutive sentences; R.C. 2929.14(C)(4); R.C. 2953.08; contrary to law; R.C. 2929.11; R.C. 2929.12; R.C. 2929.14. The trial court did not err in imposing consecutive sentences, and appellant’s aggregate five-year prison sentence is not contrary to law. CelebrezzeCuyahoga 2/14/2019 2/14/2019 2019-Ohio-530
State v. Reid 106944Sentencing; psychiatric report; reversible error; mental health; record; mitigation; judicial release; appointed counsel; jurisdiction. The trial court did not commit reversible error by failing to directly reference the defendant’s psychiatric report during the sentencing hearing. The trial court did not err in denying Reid’s motion for the appointment of counsel to represent him during the judicial release proceedings.GallagherCuyahoga 2/14/2019 2/14/2019 2019-Ohio-531
State v. Lett 106973Sufficiency; manifest weight; consecutive sentences; penalty-enhancing specifications; firearm specifications; felonious assault; knowingly; credibility; convicted felons. There is sufficient evidence to support felonious assault conviction where defendant knowingly caused serious physical harm to the victim by creating the circumstances that led to the victim’s foreseeable injury. Defendant’s convictions are not against manifest weight of the evidence where victims’ testimony was credible even though they were both convicted felons and there was a minor inconsistency between their testimonies. Trial court was not required to make findings required by R.C. 2929.14(C)(4) to impose consecutive sentences on firearm specifications because firearm specifications are penalty-enhancing provisions rather than criminal offenses and are governed by other sentencing provisions.GallagherCuyahoga 2/14/2019 2/14/2019 2019-Ohio-532
State v. Melendez 106994 KeoughCuyahoga 2/14/2019 2/14/2019 2019-Ohio-533
E. Cleveland Firefighters v. E. Cleveland 107034Res judicata; R.C. 2705.03/contempt hearing. Appellants failed to present issues of the trial court granting appellees’ motions for temporary restraining order, show cause hearing, and the award of sanctions in appellants’ original appeal. Those issues are now barred by the doctrine of res judicata. It was error, however, where the trial court granted appellees’ latest motion to reduce sanctions to judgment without conducting a hearing. JonesCuyahoga 2/14/2019 2/14/2019 2019-Ohio-534
Treasurer of Cuyahoga Cty. v. Robshir Properties, L.L.C. 107056; 107289Civ.R. 60(B); meritorious defense; foreclosure; forfeiture; R.C. 5721.40; R.C. 5721.37; R.C. 5723.01; final appealable order; R.C. 2505.02; tax certificate holder. Appellant failed to establish the existence of a meritorious defense or claim to present if relief was granted, and thus, appellant is not entitled to relief from judgment. CelebrezzeCuyahoga 2/14/2019 2/14/2019 2019-Ohio-535
State v. Clardy 107064Consecutive sentences; R.C. 2929.14(C). The trial court made the requisite findings pursuant to R.C. 2929.14(C) before imposing consecutive sentences. The record contains evidence supporting these findings and is sufficient for this court to conclude that the sentencing court engaged in the required analysis before imposing consecutive sentences.HeadenCuyahoga 2/14/2019 2/14/2019 2019-Ohio-536
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