Eighth Appellate District Court Opinion Summaries

08/20/2009

Case Name Case No. Topics and Issues Author Decided

State v. Gilmore 92106, 92107, 92108, 92109 Crim.R. 11(C)(2); Knowingly, Intelligently and Vountarily Dyke 8/20/2009

State v. Banks 91992 Allied Offenses, Kidnapping, Robbery, Mitigation of Kidnapping to second degree; kidnapping by evidence that victim was released in a safe place unharmed Sweeney 8/20/2009

State v. Greer 91983 Sufficiency of the Evidence, Manifest Weight of the Evidence, Prior Calculation and Design, Aggravated Murder, Hearsay, Mistrial Sweeney 8/20/2009

State v. Fryerson 91960 Sufficiency of the evidence, felonious assault, speedy trial Sweeney 8/20/2009

Sunshine Diversified Invests., III, L.L.C. v. Chuck 92464 Civ. R. 65(B), Consolidation, Preliminary Injunction and Permanent Injunction Dyke 8/20/2009

Ohio Turnpike Comm. v. Zayed 92980 Motion to dismiss, response time, Civ.R. 6(E), brief in opposition, ten days. Kilbane 8/20/2009

Feldman v. Feldman 92015 Spousal support, change in circumstance, spouse’s income, R.C. 3105.18(C), ability to pay, unemployed, Civ.R. 53, involuntary decrease, income calculation, R.C.3119.01, gross income, IRA, retirement. Kilbane 8/20/2009

NCO Portfolio Mgt., Inc. v. Reese 92804 Arbitration award, R.C. 2711.14, R.C. 2711.09, application, modify, vacate, correct. Kilbane 8/20/2009

State v. Gray 91806 Prejudicial matters, outside the record, Crim R. 52(B), plain error, uncharged conduct, ex parte investigation. Kilbane 8/20/2009

State v. Horne 91797 Felonious assault, firearm specification, domestic violence, Crim.R. 29(C), sufficiency, manifest weight, State v. Thompkins, Hill v. Briggs, witness credibility, medical records. Kilbane 8/20/2009

State v. Darling 92120 Drug possession, drug trafficking, schoolyard specification, allied offenses of similar import, merge, single conviction, R.C. 2941.25(A), State v. Cabrales, State v. Evans, State v. Deem, manifest weight, witness credibility, conflicting testimony, constructive possession. Kilbane 8/20/2009

State v. Koreisl 92068 Postconviction relief; substance of a motion; final appealable order; findings of fact and conclusions of law; timely motion; R.C. 2953.21. Celebrezze 8/20/2009

State v. Hunter 92032 forgery; receiving stolen property; R.C. 2929.141; postrelease control; fifth-degree felony; adult parole authority; ineffective assistance; motion to suppress; reasonable articulable suspicion; investigative stop Gallagher 8/20/2009

State v. Carte 91534 MISDEMEANOR; MANIFEST WEIGHT OF THE EVIDENCE; GRAND JURY TRANSCRIPTS; COMPLICITY Jones 8/20/2009

State v. Ward 91240 TESTIMONY; WITNESSES; MOTION FOR ACQUITTAL; CRIMINAL RULE 29; Jones 8/20/2009

State v. Spencer 91944 Manifest weight; Sufficiency of the evidence; Pattern of conduct Dyke 8/20/2009

State ex rel. Dukes v. Strickland-Saffold 93536 Mandamus; jail time credit; Loc.App.R. 45(B)(1)(a); moot. Blackmon 8/17/2009

State ex rel. Harris v. Sheehan 93516 Procedendo; motion deemed denied; R.C. 2969.25; Loc.App.R. 45(B)(1)(a). Sweeney 8/17/2009

Case Name	Case No.	Topics and Issues	Author	Decided
State v. Gilmore	92106, 92107, 92108, 92109	Crim.R. 11(C)(2); Knowingly, Intelligently and Vountarily	Dyke	8/20/2009
State v. Banks	91992	Allied Offenses, Kidnapping, Robbery, Mitigation of Kidnapping to second degree; kidnapping by evidence that victim was released in a safe place unharmed	Sweeney	8/20/2009
State v. Greer	91983	Sufficiency of the Evidence, Manifest Weight of the Evidence, Prior Calculation and Design, Aggravated Murder, Hearsay, Mistrial	Sweeney	8/20/2009
State v. Fryerson	91960	Sufficiency of the evidence, felonious assault, speedy trial	Sweeney	8/20/2009
Sunshine Diversified Invests., III, L.L.C. v. Chuck	92464	Civ. R. 65(B), Consolidation, Preliminary Injunction and Permanent Injunction	Dyke	8/20/2009
Ohio Turnpike Comm. v. Zayed	92980	Motion to dismiss, response time, Civ.R. 6(E), brief in opposition, ten days.	Kilbane	8/20/2009
Feldman v. Feldman	92015	Spousal support, change in circumstance, spouse’s income, R.C. 3105.18(C), ability to pay, unemployed, Civ.R. 53, involuntary decrease, income calculation, R.C.3119.01, gross income, IRA, retirement.	Kilbane	8/20/2009
NCO Portfolio Mgt., Inc. v. Reese	92804	Arbitration award, R.C. 2711.14, R.C. 2711.09, application, modify, vacate, correct.	Kilbane	8/20/2009
State v. Gray	91806	Prejudicial matters, outside the record, Crim R. 52(B), plain error, uncharged conduct, ex parte investigation.	Kilbane	8/20/2009
State v. Horne	91797	Felonious assault, firearm specification, domestic violence, Crim.R. 29(C), sufficiency, manifest weight, State v. Thompkins, Hill v. Briggs, witness credibility, medical records.	Kilbane	8/20/2009
State v. Darling	92120	Drug possession, drug trafficking, schoolyard specification, allied offenses of similar import, merge, single conviction, R.C. 2941.25(A), State v. Cabrales, State v. Evans, State v. Deem, manifest weight, witness credibility, conflicting testimony, constructive possession.	Kilbane	8/20/2009
State v. Koreisl	92068	Postconviction relief; substance of a motion; final appealable order; findings of fact and conclusions of law; timely motion; R.C. 2953.21.	Celebrezze	8/20/2009
State v. Hunter	92032	forgery; receiving stolen property; R.C. 2929.141; postrelease control; fifth-degree felony; adult parole authority; ineffective assistance; motion to suppress; reasonable articulable suspicion; investigative stop	Gallagher	8/20/2009
State v. Carte	91534	MISDEMEANOR; MANIFEST WEIGHT OF THE EVIDENCE; GRAND JURY TRANSCRIPTS; COMPLICITY	Jones	8/20/2009
State v. Ward	91240	TESTIMONY; WITNESSES; MOTION FOR ACQUITTAL; CRIMINAL RULE 29;	Jones	8/20/2009
State v. Spencer	91944	Manifest weight; Sufficiency of the evidence; Pattern of conduct	Dyke	8/20/2009
State ex rel. Dukes v. Strickland-Saffold	93536	Mandamus; jail time credit; Loc.App.R. 45(B)(1)(a); moot.	Blackmon	8/17/2009
State ex rel. Harris v. Sheehan	93516	Procedendo; motion deemed denied; R.C. 2969.25; Loc.App.R. 45(B)(1)(a).	Sweeney	8/17/2009