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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Cochran 27023The State presented sufficient evidence to support defendant's conviction for murder and for disrupting public services. The jury did not lose its way when it convicted defendant of the charged offenses, rather than find that he established his affirmative defense of not guilty by reason of insanity. Judgment affirmed. FroelichMontgomery 1/20/2017 1/20/2017 2017-Ohio-216
State v. Cochran 2016-CA-33The trial court did not err in sentencing Appellant to the maximum allowable prison term for involuntary manslaughter and in ordering the sentence to be served consecutively to a sentence Appellant was already serving in a separate case. Affirmed.WelbaumClark 1/20/2017 1/20/2017 2017-Ohio-217
State v. Cooks 2016-CA-40The trial court correctly held that officers lawfully entered a residence, without a search warrant, to serve a felony arrest warrant on the appellant where they had a reasonable belief that he resided there and that he was present at the time. Judgment affirmed.HallClark 1/20/2017 1/20/2017 2017-Ohio-218
In re E.S. 2016-CA-36The juvenile court did not abuse its discretion in finding that granting permanent custody of Appellant's children to the Clark County Department of Job and Family Services ("CCDJFS") was in the best interest of the children, as there is clear and convincing evidence to support such a finding, and such a finding is not against the manifest weight of the evidence. Additionally, the juvenile court did not err in failing to appoint independent counsel to Appellant's children during the custody proceedings at issue. While children are entitled to independent counsel when their wishes conflict with that of their guardian ad litem, in parental termination proceedings, a juvenile court is not required to appoint counsel based upon an immature child's occasional expression of a wish to be with a parent when that wish contradicts the guardian ad litem's recommendation. The trial court also was not required to find, nor abused its discretion in finding, that CCDJFS made reasonable efforts to find alternative placement for the children. Affirmed.WelbaumClark 1/20/2017 1/20/2017 2017-Ohio-219
State v. Fairrow 26936The trial court did not abuse its discretion in refusing to admit as an excited utterance a statement by the appellant's mother, who died before trial, about him having a seizure. The trial court reasonably excluded the statement because the record did not reflect that the appellant's mother had an opportunity to observe personally the seizure. The appellant's convictions also are not based on legally insufficient evidence. Viewing the evidence in a light most favorable to the prosecution, the jury reasonably could have found the essential elements of the appellant's various crimes proven beyond a reasonable doubt and reasonably could have rejected his insanity defense. Judgment affirmed.HallMontgomery 1/20/2017 1/20/2017 2017-Ohio-220
Fisher v. Fisher 26993The trial court did not abuse its discretion in determining that Appellant had not established overpayment of his temporary spousal support order. Judgment affirmed.DonovanMontgomery 1/20/2017 1/20/2017 2017-Ohio-221
State v. Reece 27081The trial court did not err by overruling Appellant's motion to vacate and set aside his conviction and sentence. Appellant's claims of a speedy-trial violation under Ohio's speedy-trial statute, R.C. 2945.71, and under the Interstate Agreement on Detainers, codified in Ohio at R.C. 2963.30 et seq., could have been, and have been raised and overruled in the 19 years following his plea and are now barred by res judicata. Judgment affirmed.HallMontgomery 1/20/2017 1/20/2017 2017-Ohio-222
State v. Satterwhite 27125Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appeal of revocation of community control sanctions is without merit; revocation is supported by the record. Judgment affirmed.DonovanMontgomery 1/20/2017 1/20/2017 2017-Ohio-223
Albrechtsen v. Mad River Apts. 27060The trial court did not err in failing to enter a default judgment for the appellant on his small-claims complaint based on the appellee's non-appearance for trial. Because the appellee had appeared in the case and had filed an answer, the appellant bore the burden to prove his case at trial, regardless of whether the appellee participated in it. The trial court also did not err in failing to issue findings of fact. The trial court adequately stated the basis for its ruling. In any event, a general judgment was proper following the appellant's bench trial absent a specific request for findings of fact. Judgment affirmed.HallMontgomery 1/13/2017 1/13/2017 2017-Ohio-117
State v. Bray 2016-CA-22The trial court did not err in imposing a maximum sentence for Attempted Murder and ordering that the sentence be served consecutively to a sentence for Aggravated Burglary. Affirmed.WelbaumClark 1/13/2017 1/13/2017 2017-Ohio-118