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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Diller v. Miami Valley Hosp. 27342In the absence of a genuine issue of material fact, the trial court did not err in granting summary judgment in favor of Miami Valley Hospital on Noelle Diller's claims of sexual harassment (hostile environment) and retaliation. While the trial court abused its discretion in striking Exhibits B, C, and D, attached to Diller's memorandum in opposition to MVH's motion for summary judgment, since the Exhibits were properly authenticated business records, the documents were either not in dispute, were otherwise part of the record, or were not relevant to the summary judgment decision, and the error was harmless. Judgment affirmed.DonovanMontgomery 12/15/2017 12/15/2017 2017-Ohio-9051
State v. Harris 27179Anders appeal. Defendant pled guilty to possession of marijuana (20,000 grams or more, but less than 40,000 grams) and received an agreed five-year sentence. Defendant's arguments that errors were committed and/or that he was denied the effective assistance of counsel were unrelated to the knowing, voluntary, and intelligent nature of his plea and were therefore waived by his subsequent guilty plea. Defendant's written plea agreement and the discussion of his potential sentence at the hearing do not support his assertion that he was entitled to be sentenced to a felony of the third degree rather than the felony of the second degree with which he was charged. Defendant has no arguable claim of ineffective assistance of counsel based on actions that are not reflected in the record. No non-frivolous issues exist. Judgment affirmed.FroelichMontgomery 12/15/2017 12/15/2017 2017-Ohio-9052
Tax Ease Ohio, L.L.C. v. Jones 27687The trial court, in this foreclosure action, granted a default judgment against the Defendant-appellant. Defendant-appellant, on appeal, does not attack the validity of the default judgment, and there is no basis upon which to conclude that the trial court abused its discretion by granting the default judgment. Judgment affirmed.TuckerMontgomery 12/15/2017 12/15/2017 2017-Ohio-9053
Kettering Square Apts. v. Crawford 27504; 27545; 27548The question whether the trial court erred by overruling Appellant's motion to stay the writ of restitution pending objections is moot because the court later did grant a stay. Even if the trial court's reasons for overruling Appellant's objections to the magistrate's decision are erroneous, the errors are harmless. The overruling of the objections was correct for other reasons. The notice of termination of Appellant's lease was not defective. Appellee did not waive Appellant's lease breach, because Appellee did not accept payments from Appellant after it served the notice of termination. Appellee effectively granted Appellant the reasonable accommodation that she requested. Judgments affirmed.HallMontgomery 12/15/2017 12/15/2017 2017-Ohio-9054
State v. Levell 27489Appellant's convictions for receiving stolen property are not against the manifest weight of the evidence. The ownership of the medications stolen from a nursing home is not necessary, and the evidence supports the finding that Appellant possessed the medications he knew were stolen. Appellant fails to show that his trial counsel rendered ineffective assistance by not filing a motion to suppress the medication. Filing a suppression motion would have been futile. Judgment affirmed.HallMontgomery 12/15/2017 12/15/2017 2017-Ohio-9055
In re Parrett v. Wright 2017-CA-59The trial court did not abuse its discretion when it refused to enforce an antenuptial agreement, as the assets of the decedent were not fully disclosed when the agreement was signed. Issues as to whether or not Appellee properly exercised an election to take against the will are not properly before the court. To the extent statements of the trial court in the entry regarding an extension of time for Appellee to assert various rights can be considered, Appellant waived any error by failing to object in the trial court. Affirmed.WelbaumClark 12/15/2017 12/15/2017 2017-Ohio-9057
State v. Pierce 27543The trial court overruled Defendant-appellant's motion for resentencing under Crim.R. 52(B), his motion for a modification of the order directing him to pay court costs, and his motion for resentencing under R.C. 2967.28. The trial court, in both the original and nunc pro tunc termination entries, properly set forth Defendant-appellant's post-release control obligations under R.C. 2967.28. Defendant's motion for relief under Crim.R. 52 seeks resentencing based upon the trial court's proposed failure to merge allied offenses of similar import. Defendant's merger argument is barred by the doctrine of res judicata. Finally, the trial court appropriately overruled Defendant's motion regarding his payment of court costs. Judgment affirmed.TuckerMontgomery 12/15/2017 12/15/2017 2017-Ohio-9058
State v. Setty 2017-CA-28Defendant pled no contest to aggravated possession of drugs (methamphetamine) and endangering children (R.C. 2919.22(B)(6)). Trial court did not commit plain error in failing to merge his offenses as allied offenses of similar import. Neither defendant's individual sentences for the offenses nor the trial court's imposition of consecutive sentences was clearly and convincingly unsupported by the record. Judgment affirmed.FroelichClark 12/15/2017 12/15/2017 2017-Ohio-9059
State v. Miller 27675The trial court erred in imposing a prison sentence for the appellant's two fifth-degree felony convictions after revoking intervention in lieu of conviction. Under R.C. 2929.13(B)(1)(a), the trial court was required to impose community control sanctions. Prison sentence reversed and cause remanded for resentencing.HallMontgomery 12/14/2017 12/15/2017 2017-Ohio-9056
State v. Bizzell 27676The trial court did not err in overruling Appellant's motions to suppress, since Appellant's traffic stop was constitutionally valid based upon Appellant's failing to signal a right hand turn within 100 feet prior to turning; Appellant, whose license was suspended, then advised the officer in the course of the stop that a firearm was under the driver's seat. Judgment affirmed.DonovanMontgomery 12/8/2017 12/8/2017 2017-Ohio-8902
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