Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
State v. Davic
| 19AP-579 | Trial 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 appeal | Klatt | Franklin |
1/21/2021
|
1/21/2021
| 2021-Ohio-131 |
State v. Hill
| 19AP-711 | Appellant'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 Blunt | Franklin |
1/21/2021
|
1/21/2021
| 2021-Ohio-132 |
State ex rel. Jones v. Franklin Cty. Court of Common Pleas
| 20AP-203 | Objection 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. | Brown | Franklin |
1/21/2021
|
1/21/2021
| 2021-Ohio-133 |
State ex rel. Parker Bey v. Ohio Bur. of Sentence Computation
| 19AP-46 & 19AP-534 | The 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 Blunt | Franklin |
1/14/2021
|
1/14/2021
| 2021-Ohio-70 |
Columbus v. C.G.
| 19AP-121 | Trial 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. | Klatt | Franklin |
1/14/2021
|
1/14/2021
| 2021-Ohio-71 |
State ex rel. Hunley v. Wainwright
| 20AP-208 | Magistrate decision dismissing petition for writ of habeas corpus for lack of territorial jurisdiction reviewed and adopted pursuant to Civ.R. 53(D)(4). | Beatty Blunt | Franklin |
1/14/2021
|
1/14/2021
| 2021-Ohio-72 |
State v. Rudasill
| 19AP-61 | Appellant'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. | Brown | Franklin |
1/12/2021
|
1/12/2021
| 2021-Ohio-45 |
Solomon Cultivation Corp. v. Ohio Dept. of Commerce
| 20AP-175 | The 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 Schuster | Franklin |
1/12/2021
|
1/12/2021
| 2021-Ohio-46 |