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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Davic 19AP-579Trial court lacked jurisdiction to consider defendant's Crim.R. 32.1 motion to withdraw his guilty plea on manifest injustice grounds following affirmance of defendant's convictions on direct appealKlattFranklin 1/21/2021 1/21/2021 2021-Ohio-131
State v. Hill 19AP-711Appellant's conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. The evidence was sufficient to permit a reasonable trier of fact to conclude that appellant caused the injuries sustained by the victim in this case; therefore, the trial court did not err in overruling appellant's motion for acquittal made pursuant to Crim.R. 29. The jury was free to believe the testimony of the victim in this case, and appellant's conviction is not against the manifest weight of the evidence merely because the jury found his testimony more credible than that of appellant. Furthermore, the trial court did not err by abusing its discretion in allowing the state to present evidence of a prior conviction of felonious assault for the purposes of impeaching appellant's credibility, and even if there was error such error was harmless. Judgment affirmed.Beatty BluntFranklin 1/21/2021 1/21/2021 2021-Ohio-132
State ex rel. Jones v. Franklin Cty. Court of Common Pleas 20AP-203Objection overruled; action dismissed. The magistrate properly determined that relator's complaint seeking a writ of mandamus must be dismissed for failure to comply with R.C. 2969.25(C). Magistrate's decision adopted, action for mandamus sua sponte dismissed.BrownFranklin 1/21/2021 1/21/2021 2021-Ohio-133
State ex rel. Parker Bey v. Ohio Bur. of Sentence Computation 19AP-46 & 19AP-534The magistrate properly found that the consolidated cases must be dismissed for failure to strictly comply with R.C. 2969.25(A). Relator's objections overruled and magistrate's decision adopted with the modification clarifying that both cases must be dismissed without any consideration of the merits of either; motion of OAPA to dismiss filed in case No. 19-534 granted; and consolidated actions in mandamus dismissed.Beatty BluntFranklin 1/14/2021 1/14/2021 2021-Ohio-70
Columbus v. C.G. 19AP-121Trial court did not abuse its discretion in admitting domestic violence/assault victim's out-of-court statements to sister under Evid.R. 803(2), the excited utterance exception to the hearsay rule. Trial court's admission of the statements did not violate his right to confrontation under either the Sixth Amendment to the United States Constitution or Ohio Constitution, Article I, Section 10. Trial court did not abuse its discretion in denying defendant's request for a continuance to procure victim's appearance at trial where victim ignored subpoena issued by city, defendant did not specify the proposed length of the continuance, defendant did not proffer summary of victim's anticipated testimony. Defendant's convictions for domestic violence and assault were not against the manifest weight of the evidence.KlattFranklin 1/14/2021 1/14/2021 2021-Ohio-71
State ex rel. Hunley v. Wainwright 20AP-208Magistrate decision dismissing petition for writ of habeas corpus for lack of territorial jurisdiction reviewed and adopted pursuant to Civ.R. 53(D)(4).Beatty BluntFranklin 1/14/2021 1/14/2021 2021-Ohio-72
State v. Rudasill 19AP-61Appellant's convictions for murder, aggravated robbery and having weapons while under disabililty supported by sufficient evidence and not against the manifest weight of the evidence; appellant failed to establish ineffective assistance of counsel.BrownFranklin 1/12/2021 1/12/2021 2021-Ohio-45
Solomon Cultivation Corp. v. Ohio Dept. of Commerce 20AP-175The trial court did not err in affirming the Ohio Department of Commerce's denial of appellant's application for a medical marijuana cultivator level I provisional license. Appellant was not denied due process. Additionally, reliable, probative, and substantial evidence supported the application denial. Judgment affirmed.Luper SchusterFranklin 1/12/2021 1/12/2021 2021-Ohio-46