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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Hawkins
| 2019-CA-34 | The trial court’s imposition of a prison sentence for domestic violence, a fourth-degree felony, was not clearly and convincingly unsupported by the record or contrary to law. Judgment affirmed. | Froelich | Champaign |
10/30/2020
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10/30/2020
| 2020-Ohio-5103 |
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State v. Leifheit
| 2019-CA-78 | The trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea where there was nothing in the record supporting appellant’s claim that his guilty plea was not knowingly, intelligently, and voluntarily entered. Judgment affirmed. | Welbaum | Clark |
10/30/2020
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10/30/2020
| 2020-Ohio-5106 |
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State v. Reeder
| 2019-CA-39 & 2019-CA-40 | The trial court erred in concluding that it had the discretion to sentence appellant to prison, pursuant to R.C. 2929.13(B)(1)(b)(iii), for his fourth- and fifth-degree drug offenses. Although the trial told appellant in court that his bond would include an additional condition that he cooperate fully with the probation department during the presentence investigation, the trial court did not file an entry imposing that new condition. In addition, the requirement to cooperate fully with the probation department did not fall within the original bond condition that appellant appear before the trial court for matters set by the court. Accordingly, although appellant failed to appear for his scheduled presentence investigation interviews, that failure did not constitute a violation of his bond. Because appellant has completely served his prison sentences, any error in the trial court’s calculation of jail time credit is moot. Judgments modified to vacate appellant’s prison sentences and to impose community control sanctions for a period of up to five years. In all other respects, including the orders regarding the forfeiture of currency, judgments affirmed. Appellant’s community control is deemed completed and terminated immediately. Post-release control vacated. (Welbaum, J., dissenting) | Froelich | Clark |
10/30/2020
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10/30/2020
| 2020-Ohio-5107 |
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State v. Wallace
| 2020-CA-3 | The record does not clearly and convincingly fail to support the prison term imposed by the trial court. The Reagan Tokes Law’s indefinite sentencing system for first- and second-degree non-life felonies does not violate the separation-of-powers doctrine or due process. Judgment affirmed. | Hall | Clark |
10/30/2020
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10/30/2020
| 2020-Ohio-5109 |
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State v. Holley
| 2019-CA-44 | Conceded error. The trial court failed to comply with Crim.R. 11 in accepting appellant’s plea to carrying a concealed weapon, a first-degree misdemeanor. Unpaid court costs rendered appeal not moot. Judgment reversed and remanded. | Froelich | Greene |
10/30/2020
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10/30/2020
| 2020-Ohio-5104 |
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State v. Russell
| 2020-CA-11 | Where appellant claims to have been entrapped, defense counsel did not provide ineffective assistance at trial by failing to object to other-acts evidence that was relevant to appellant’s predisposition to sell cocaine, and the trial court did not err in allowing the State to introduce other-acts evidence related to appellant’s predisposition to sell cocaine. The jury’s rejection of an entrapment defense was not against the manifest weight of the evidence. The trial court did not err in convicting appellant where the State presented evidence that the substance he sold and possessed on a particular occasion was cocaine. The trial court did not err by proceeding with trial and sentencing in appellant’s absence after he voluntarily failed to appear. Judgment affirmed. | Hall | Greene |
10/30/2020
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10/30/2020
| 2020-Ohio-5108 |
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In re S.J.S.
| 28801 | The juvenile court reasonably concluded that terminating the parties’ shared parenting and granting legal custody to Father, with parenting time to Mother pursuant to the standard order, was in the child’s best interest. The juvenile court found that Father was more likely to honor and facilitate Mother’s parenting time, and that Mother had continuously and willfully denied Father’s right to parenting time by multiple means, including unsubstantiated allegations of child abuse and repeated interference and manipulation while the child was in Father’s care. Mother also failed to demonstrate an ability to encourage love, affection and contact between Father and child. Judgment affirmed. | Donovan | Montgomery |
10/30/2020
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10/30/2020
| 2020-Ohio-5105 |
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Cascade Capital, L.L.C. v. Magyar
| 28710 | The trial court erred in granting summary judgment to appellee, because appellee failed to attach documents to its summary judgment motion that complied with Civ.R. 56(C) and (E). Judgment reversed and remanded. | Welbaum | Montgomery |
10/23/2020
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10/23/2020
| 2020-Ohio-5029 |
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State v. Klofta
| 28690 | Appellant recklessly violated a duty of care to prevent serious harm when she disciplined a young child by means of a stun gun. Her conviction for endangering children was supported by sufficient evidence and was not against the manifest weight of the evidence. Judgment affirmed. | Donovan | Montgomery |
10/23/2020
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10/23/2020
| 2020-Ohio-5032 |
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State v. Pack
| 28458 | The trial court did not err in denying appellant’s motion to suppress;the officers reasonably detained appellant to investigate why his U-Haul was parked behind a business and possible drug activity. The detention was not prolonged to conduct a canine sniff. In addition, the trial court did not err in failing to award jail time credit for the period of time that appellant was serving a prison sentence in another case. Judgment affirmed. | Froelich | Montgomery |
10/23/2020
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10/23/2020
| 2020-Ohio-5033 |
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