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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Arnold 2016-CA-20Given the circumstances set forth in the affidavit, the judge issuing the search warrant had reason to conclude that a fair probability existed that drugs would be located at Appellant's residence; the trial court accordingly did not err in overruling Appellant's motion to suppress. Judgment affirmed.DonovanClark 2/17/2017 2/17/2017 2017-Ohio-559
State v. Deveny 2016-CA-7Conviction for domestic violence following a bench trial was supported by sufficient evidence and was not against the manifest weight of the evidence. Judgment affirmed.FroelichMiami 2/17/2017 2/17/2017 2017-Ohio-560
State v. Dohme 2016-CA-42Appellant's claim that her trial counsel was ineffective in failing to advise her about intervention in lieu of conviction ("ILC") before pleading guilty to receiving stolen property lacks merit. Appellant does not claim that she would have gone to trial as opposed to pleading guilty had counsel advised her of ILC. There is also nothing in the record indicating that counsel failed to advise Appellant about ILC, and even if counsel had failed to do so, such a failure does not amount to deficient performance under the circumstances of this case. Affirmed.WelbaumClark 2/17/2017 2/17/2017 2017-Ohio-561
State v. Donley 26654; 26655; 26656Trial court's judgments in Case Nos. 2014 CR 2391 and 2014 CR 3312 will be affirmed. The trial court is instructed to file a nunc pro tunc entry correcting the nature of defendant's plea in Case No. 2014 CR 2391. The trial court is also instructed to file a nunc pro tunc entry in Case No. 2014 CR 3312, correcting its judgment entry so that it accurately reflects the trial court's consecutive sentencing findings. Defendant's conviction and sentence for possession of cocaine in Case No. 2014 CR 1142 will be affirmed; his conviction in that case for having weapons while under disability will be vacated. (Welbaum, J., dissenting).FroelichMontgomery 2/17/2017 2/17/2017 2017-Ohio-562
State v. Gray 27207The trial court erred in sustaining the appellee's motion to suppress incriminating statements he made while being interviewed by detectives. Even assuming, arguendo, that the statements were made during a custodial interrogation, the appellee waived his Miranda rights and never unambiguously invoked his right to remain silent. Under the totality-of-the-circumstances test, the record also does not reflect that the appellee's will was overborne and his capacity for self-determination was critically impaired because of coercive police conduct. Judgment reversed and cause remanded. (Froelich, J., dissenting).HallMontgomery 2/17/2017 2/17/2017 2017-Ohio-563
Landry v. Landry 27209The trial court did not err by overruling Appellant's motion to terminate his spousal-support obligation. The spousal-support provision in the divorce decree is ambiguous, and the court's interpretation is reasonable. Judgment affirmed.HallMontgomery 2/17/2017 2/17/2017 2017-Ohio-564
Molton v. Kroger Co. 27184The trial court did not err by entering summary judgment for Appellee on Appellant's claim for workers' compensation benefits. Generally, the coming-and-going rule bars compensation of a fixed-situs employee for injuries which occur off the work premises. Neither the zone-of-employment exception or the totality-of-the-circumstances exception applies. Judgment affirmed.HallMontgomery 2/17/2017 2/17/2017 2017-Ohio-565
State v. Montgomery 27222We find no arguable merit to this appeal under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant knowingly and voluntarily entered a plea to aggravated robbery (deadly weapon) and was sentenced within the statutory range to four years in prison. There are no non-frivolous issues supporting a potential assignment of error of arguable merit. Judgment affirmed.HallMontgomery 2/17/2017 2/17/2017 2017-Ohio-567
State v. Page 26670Defendant's convictions for rape and gross sexual imposition involving a child under the age of 13 were supported by sufficient evidence and were not against the manifest weight of the evidence. The trial court did not abuse its discretion in concluding that certain testimony was not hearsay because it either was not a statement or was not offered for the truth of the matter asserted, or in finding that defendant's departure from Ohio around the time the victim's disclosures were made was relevant. Judgment affirmed.FroelichMontgomery 2/17/2017 2/17/2017 2017-Ohio-568
State v. Powell 2016-CA-5Anders appeal. Trial court did not err in sentencing defendant to prison, despite the State's recommendation of community control as part of the plea agreement; defendant's ongoing substance abuse and criminal history led the court to conclude that he was not amenable to community control. Judgment affirmed.FroelichChampaign 2/17/2017 2/17/2017 2017-Ohio-569
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