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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Wadding E-21-006Where the trial court failed to make the necessary findings under R.C. 2929.14(C)(4) at the sentencing hearing and prior to imposing a consecutive sentence, the matter must be remanded for resentencing. Bonnell; Beasley.PietrykowskiErie 9/17/2021 9/17/2021 2021-Ohio-3266
State v. Dunlap H-20-023The trial court properly ordered restitution as part of a negotiated plea, in which that case would ultimately be dismissed.PietrykowskiHuron 9/17/2021 9/17/2021 2021-Ohio-3262
Women of the Old W. End, Inc. v. Toledo City Council L-20-1181Lower court judgment dismissing R.C. 2506 appeal is affirmed, in part, and reversed, in part. Major site plan review appeal, R.C. 2506 appeal, standing, person aggrievedOsowikLucas 9/17/2021 9/17/2021 2021-Ohio-3267
State v. Foley Wd-21-005Trial court did not abuse its discretion when it convened a new disposition hearing to address false information and fraudulent letters of support submitted by appellant in an attempt to avoid stricter sanctions following two admitted community-control violations. Court had not yet entered judgment following its first-scheduled disposition hearing when it learned of appellant’s deceit, so it possessed authority to revisit order and pronounce new disposition.MayleWood 9/17/2021 9/17/2021 2021-Ohio-3263
State v. Mathena WD-21-025Argument that under the facts of the case the trial court erred when it imposed a maximum prison sentence as opposed to community control sanctions is not recognizable by a reviewing court because it is not an argument that the sentence is contrary to law under R.C. 2953.08(G)(2)(b).PietrykowskiWood 9/17/2021 9/17/2021 2021-Ohio-3264
State v. Mattoni WD-21-014, WD-21-15The case must be remanded for resentencing where the court’s sentencing judgment entries erroneously stated that there was a presumption in favor of incarceration under R.C. 2929.13(B).PietrykowskiWood 9/17/2021 9/17/2021 2021-Ohio-3265
Johns v. Ball OT-20-019 Objections to a decision of a magistrate must be accompanied by a transcript of the hearing; the burden to obtain such transcript is upon the party filing the objection. In the absence of a transcript, we must assume the regularity of the proceedings; the reviewing court may consider only that which was considered by the trial court. OsowikOttawa 9/10/2021 9/13/2021 2021-Ohio-3136
State v. Griffin WD-20-081Counsel was not ineffective in allowing appellant to enter plea after five hours of negotiations. Court did not err in considering unindicted conduct among many other factors in fashioning appellant’s sentence. Appellate court will not independently weigh evidence and substitute its judgment for that of the trial court regarding the appropriate sentence under R.C. 2929.11 and 2929.12. Cost of obtaining presentence evaluation under R.C. 2951.03 was required to be taxes as costs under R.C. 2947.06(B).MayleWood 9/10/2021 9/13/2021 2021-Ohio-3137
State v. Leak WD-21-022Appellant’s challenge to the constitutionality of the Reagan Tokes Act is not ripe for review. Trial counsel is not ineffective for failing to argue that the Reagan Tokes Act is unconstitutional.PietrykowskiWood 9/10/2021 9/13/2021 2021-Ohio-3139
State v. Hunter L-20-1122Under the exception in R.C. 2929.14(B)(1)(g), the trial court did not err when it failed to merge the firearm specifications, R.C. 2941.145, at sentencing. PietrykowskiLucas 9/10/2021 9/13/2021 2021-Ohio-3138
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