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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Brandon
| 2020-CA-41 | The trial court did not err by overruling appellant’s motion to correct jail-time credit. The record does not show that appellant was entitled to additional credit. Judgment affirmed. | Hall | Clark |
4/16/2021
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4/16/2021
| 2021-Ohio-1328 |
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Cline v. Tecumseh Local Bd. of Edn.
| 2020-CA-36 | The trial court did not err in granting appellees’ motions to dismiss. The appellees were immune from civil liability under the Political Subdivision Tort Liability Act, and the appellants’ complaint failed to state a claim upon which relief could be granted. Judgment affirmed. | Epley | Clark |
4/16/2021
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4/16/2021
| 2021-Ohio-1329 |
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State v. Murray
| 2020-CA-58 | After a full hearing on appellant’s pre-sentence motion to withdraw her guilty plea to one count of operating a vehicle while under the influence, the trial court did not abuse its discretion in denying appellant’s motion. Appellant failed to establish a reasonable and legitimate basis for the withdrawal of her plea beyond the conclusory statements in her motion regarding the alleged effect of pre-existing medical conditions. Judgment affirmed. | Donovan | Clark |
4/16/2021
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4/16/2021
| 2021-Ohio-1335 |
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State v. Beall
| 28335 | The jury’s findings that appellant was guilty of attempted murder and that he threatened the use of force during the commission of three robberies were supported by sufficient evidence and were not against the weight of the evidence. Even if the trial court’s decision overruling appellant’s motion to sever two robbery counts from the other counts in the indictment were erroneous, such error was harmless because these counts were tried separately to the court at appellant’s request. The trial court did not err by allowing the admission of other-acts evidence. Finally, the trial court did not violate appellant’s Sixth Amendment right to present witnesses by addressing potential Fifth Amendment self-incrimination issues with a defense witness who, after this discussion, asserted her right against self-incrimination. Judgment affirmed. | Tucker | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1326 |
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State v. Bell
| 28909 | Appellant entered guilty pleas to three offenses and was sentenced to concurrent terms. Counsel filed an Anders brief. Upon review, we find no arguably meritorious assignments of error. Judgment affirmed. | Donovan | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1327 |
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State v. Derrick
| 28878 | The trial court did not err by imposing consecutive prison sentences. Although appellant argued that the trial court’s decision to impose consecutive sentences contradicted the overriding purposes and principles of felony sentencing in R.C. 2929.11, it is well established that consecutive sentences must be reviewed for compliance with R.C. 2929.14(C)(4), not R.C. 2929.11. The record in this case establishes that the trial court complied with R.C. 2929.14(C)(4) when imposing consecutive sentences. The trial court made all the required consecutive-sentence findings at the sentencing hearing and incorporated those findings into the sentencing entry. The trial court’s consecutive-sentence findings also were not clearly and convincingly unsupported by the record. Judgment affirmed. | Welbaum | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1330 |
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Disher v. Bannick
| 28903 | The common pleas court erred in dismissing appellant’s quiet title claim. Although the municipal court entered a prior judgment in a forcible entry and detainer action involving the same parties and property, the municipal court lacked jurisdiction to hear a quiet title claim, and therefore that claim was not barred by res judicata. Judgment reversed and remanded as to quiet title, and affirmed in all other respects. | Epley | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1331 |
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In re R.S.J.
| 28825 | The juvenile court did not err in granting permanent custody to appellee, a children services agency. As a preliminary matter, appellant failed to file specific objections to the magistrate’s decision, so review is for plain error only. The juvenile court did not commit plain error or any error in rejecting the motion for custody filed by appellant, who was the child’s paternal great-grandmother. The court was not statutorily required to consider appellant as a potential placement, and ample evidence supported the court’s finding that a grant of permanent custody to the agency was in the child’s best interest. Judgment affirmed. | Welbaum | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1332 |
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State v. Johnson
| 28905 | The trial court did not abuse its discretion when it overruled appellant’s motion for relief from judgment and to correct jail-time credit and his motion to withdraw his guilty plea without conducting a hearing. Appellant’s delay of approximately 20 years between the time of his sentencing and the filing of the motion to withdraw his guilty plea was unreasonable under the circumstances. Additionally, appellant’s self-serving statements in his affidavit attached to the motion to withdraw, which alleged sexual misconduct on the part of his former counsel with appellant’s then-fiancée, standing alone, were insufficient to demonstrate a manifest injustice or to support the withdrawal of his guilty plea. Judgment affirmed. | Donovan | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1333 |
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State v. Leet
| 28870 | The trial court erred when it overruled appellant’s motion for return of a firearm. The trial court’s order to forfeit and destroy the firearm was not lawful under any section of R.C. 2981 or R.C. 2923.13(A)(5). Judgment reversed and remanded. | Donovan | Montgomery |
4/16/2021
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4/16/2021
| 2021-Ohio-1334 |
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