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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Davis 104442Anders; consecutive sentence; R.C. 2929.14(C)(4); R.C. 2953.08(G)(2). An independent review of the record demonstrates that there are no nonfrivolous issues to argue in this case that involved the trial court's imposition of consecutive sentences.CelebrezzeCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7713
State v. Ladson 104642Insufficient evidence; manifest weight; circumstantial evidence; parallel inferences; felony murder; participating in a criminal gang; admission of evidence; abuse of discretion; App.R. 16(A)(7); R.C. 2941.25; joinder; ineffective assistance of counsel; juror misconduct; allied offenses; consecutive sentences. The convictions were supported by sufficient evidence, and the defendant failed to demonstrate that the trial court abused its discretion when admitting evidence regarding the defendant's gang affiliation at trial. The defendant's conviction of receiving stolen property did not violate R.C. 2941.25 based on an earlier conviction in another case, and there was no error in joining several counts into one case for trial under Crim.R. 13. Trial counsel was not ineffective for failing to remove a juror based on unsubstantiated allegations of misconduct. And finally, the defendant's convictions were not for allied offenses and there was no error with respect to imposing the sentences to be consecutively served.GallagherCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7715
State v. Hayes 104818Sentence; conviction; attempted murder; felonious assault; weapons; disability; intimidation of a witness; unlawful threat; shooter; knowingly; eyewitness; circumstantial; infer; credibility; R.C. 2929.11; purposes; recidivism; seriousness; R.C. 2929.12; consecutive; findings; contrary to law; clearly and convincingly; record. Defendant's attempted murder, felonious assault, having weapons while under disability, and intimidation of a witness convictions were supported by sufficient evidence and were not against the weight of the evidence. The trial court imposed a prison term within the applicable statutory range and considered the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors in R.C. 2929.12. Defendant's sentence was not contrary to law. The trial court made the necessary findings for imposing consecutive sentences.GallagherCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7716
State v. Westley 104847Endangering children, plain error, sufficient evidence, expert testimony. The state failed to offer sufficient evidence to support appellant's conviction for endangering children where it failed to offer expert testimony to a reasonable degree of medical certainty establishing that nonaccidental child abuse occurred in this instance.GallagherCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7717
State v. Hayes 105048Insufficient evidence; passing bad checks; grand theft; R.C. 2913.11; statutory presumption; ineffective assistance of counsel; prejudice; allied offenses; R.C. 2941.25. Defendant's convictions for passing bad checks are based on sufficient evidence based on the statutory presumption under R.C. 2913.11(C)(2) that the defendant issued checks knowing they would be dishonored when she failed to pay the victim the amount of the checks returned for insufficient funds; trial counsel was not ineffective because the defendant could not demonstrate prejudice from the failure to call a witness who would have bolstered the defendant's trial testimony; and three convictions for passing bad checks and one for grand theft stemmed from separate acts, and therefore, the offenses are not allied.GallagherCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7718
State v. Rogers 105130Ineffective assistance of counsel; mental illness; failure to request mitigation report; sentencing; present condition. Appellant failed to show trial counsel was ineffective because there is no evidence in the record of a contemporaneous mental illness that would have factored into the trial court's sentencing determination.CelebrezzeCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7719
State v. Allison 105212Consecutive sentence; R.C. 2929.14(C)(4); contrary to law; R.C. 2953.08; R.C. 2929.11; R.C. 2929.12; merger; allied offenses; waiver. The trial court did not err by imposing consecutive sentences and appellant's sentence is not contrary to law. Appellant waived the issue of allied offenses, and thus the trial court did not err by failing to merge appellant's convictions for sentencing purposes.CelebrezzeCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7720
Davie v. Nationwide Ins. Co. of Am. 105261Vexatious litigator; vexatious conduct; R.C. 2323.52; res judicata; summary judgment. Vexatious litigator counterclaim was not barred by res judicata. Trial court erred in considering lawsuit filed by party's wife in determining whether he was a vexatious litigator under R.C. 2323.52. Because reasonable minds could disagree as to whether party habitually, persistently and without reasonable grounds engaged in vexatious conduct; trial court erred in granting motion for summary judgment in favor of counterclaim plaintiff on vexatious litigator counterclaim.GallagherCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7721
State v. Jones 105282Crim.R. 11(C), guilty plea, postrelease control, R.C. 2967.28, mandatory, failure to notify. Trial court substantially complied with Crim.R. 11(C) when accepting defendant's guilty plea. Trial court erred when imposing postrelease control, telling defendant he faced "up to" five years, instead of informing him that the it was a mandatory five-year term of postrelease control under R.C. 2967.28.BoyleCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7722
In re J.T. 105311 & 105316Journal entry, clerical mistake, nunc pro tunc, juvenile, having a weapon while under disability, firearm specification, plain error, double jeopardy, R.C. 2152.17(A), R.C. 2929.14(B), equal protection, rational basis, R.C. 2152.17(F), ineffective assistance of counsel. The trial court failed to properly journalize the proceedings at the juvenile's dispositional hearing. Even though R.C. 2929.14(B) does not permit an adult offender to receive a firearm specification for a charge of having a weapon while under disability, R.C. 2152.17(A) does not violate a juvenile offender's double-jeopardy or equal-protection rights by allowing a firearm specification to enhance a having-a-weapon-under-disability charge in the juvenile system.BoyleCuyahoga 9/21/2017 9/21/2017 2017-Ohio-7723