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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Caron v. Caron 2016-CA-37The trial court's designation of the appellee as the residential parent and legal custodian of the parties' child is not against the weight of the evidence. The trial court did not abuse its discretion in rejecting as not credible allegations about the appellee's alleged alcohol and drug abuse. The trial court did not abuse its discretion in finding that the appellee would provide the parties' child greater "stability" than the appellant. The trial court did not abuse its discretion in finding the appellant voluntarily underemployed and imputing income. The trial court did not abuse its discretion in awarding the appellee one-half of the equity in certain Texas real estate. Judgment affirmed.HallGreene 3/24/2017 3/24/2017 2017-Ohio-1070
State v. Hamed 2016-CA-27The trial court did not abuse its discretion in overruling Appellant's motion, filed under Crim.R. 32.1, to withdraw his plea of guilty. Appellant's motion is based upon two contentions: (1) that his attorney provided ineffective assistance of counsel by failing to inform him of the immigration consequences of a plea of guilty; and (2) that Appellant's inability to understand English prevented him from intelligently and knowingly entering a guilty plea. The record supports the trial court's conclusion that Appellant's attorney properly advised him of the potential immigration consequences of pleading guilty, and that Appellant's understanding of English allowed a knowing and voluntary guilty plea. Judgment affirmed.TuckerGreene 3/24/2017 3/24/2017 2017-Ohio-1071
Huntington Natl. Bank v. Wiggins 27187Trial court did not err in granting summary judgment to mortgagee-bank on its claim for foreclosure. Judgment affirmed.FroelichMontgomery 3/24/2017 3/24/2017 2017-Ohio-1072
State v. Jenkins 27173A thorough and independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) reveals no error having arguable merit. Judgment affirmed.DonovanMontgomery 3/24/2017 3/24/2017 2017-Ohio-1073
Barton v. Barton 2016-CA-12The trial court had jurisdiction to consider a contempt hearing for failure to pay attorney fees, a motion for a withholding order for spousal support, and requests for attorney fees, even though Appellant's appeal from denial of his Civ.R. 60(B) motion for relief from judgment was currently on appeal. The order to pay attorney fees was a valid order while in effect, and Appellant was clearly in contempt for refusing to pay fees as ordered. Contempt is also a collateral measure that may be considered unless a stay is issued. However, no stay was issued. In addition, the trial court had jurisdiction over the motion for a withholding order because the divorce decree did not reserve jurisdiction over spousal support. Trial courts lack jurisdiction to vacate or modify spousal support awards where a decree of divorce or dissolution fails to contain a reservation of jurisdiction to modify the award pursuant to R.C. 3105.18(E). Thus, while Civ.R. 60(B) allows motions for relief from judgment, Civ.R. 60(B) is a procedural rule and cannot supersede substantive law that controls whether trial courts have the ability to modify a periodic payment of spousal support. The trial court's decision on the motion for a withholding order, therefore, could not have possibly interfered with appellate consideration of Appellant's Civ.R. 60(B) motion for relief from the divorce judgment. Finally, requests for attorney fees were intertwined with these matters and the trial court did not lack jurisdiction to award attorney fees for bringing the motions. Regarding the remaining issues, res judicata bars most of Appellant's claims, and those that are not barred are without merit. The contempt order was well supported by the evidence. Appellant also was not entitled to have counsel appointed for the contempt hearing and was not deprived of due process. Appellant was advised of his rights, never contended in the trial court that he was indigent, and never asked to have counsel appointed. Appellant was given all process to which he was due. Affirmed.WelbaumGreene 3/17/2017 3/17/2017 2017-Ohio-980
State v. Baum 27190Anders appeal. Potential assignments of error are wholly frivolous, and there are no non-frivolous issues for review. Affirmed.WelbaumMontgomery 3/17/2017 3/17/2017 2017-Ohio-981
State v. Clark 27055Pursuant to Crim.R. 19(D)(3)(b)(iv), Appellant waived his ability to assign error on appeal, other than plain error, from the trial court's decision adopting the magistrate's decision finding him guilty of failing to yield at a stop sign and causing an accident. As Appellant did not file any objections to the magistrate's decision and his appellate brief raises no claims, let alone a claim of plain error, the trial court's judgment is affirmed.WelbaumMontgomery 3/17/2017 3/17/2017 2017-Ohio-982
State v. Cochran 2016-CA-11Appellant's 60-month sentence for gross sexual imposition is affirmed; there is no basis to conclude that the record does not support the court's findings, or that the sentence imposed is contrary to law. Judgment affirmed. (Hall, P.J., concurring).DonovanChampaign 3/17/2017 3/17/2017 2017-Ohio-983
State v. Moore 2016-CA-35The trial court erred on remand in purporting to overrule a new-trial motion without making the motion part of the record in compliance with this court's prior order. Judgment vacated insofar as the trial court ruled on a non-existent motion and cause remanded with instructions to add the motion to the record and for further proceedings consistent with the opinion.HallClark 3/17/2017 3/17/2017 2017-Ohio-984
Mosley v. Dayton Power & Light Co. 27301The common pleas court is without subject matter jurisdiction to decide plaintiff's service complaint that the Dayton Power & Light Company overcharged him for electric service. Judgment affirmed.TuckerMontgomery 3/17/2017 3/17/2017 2017-Ohio-985