05/04/2023
Case Caption | Case No. | Topics and Issues | Author | Decided | WebCite |
|---|---|---|---|---|---|
| State v. Dranse | 111627 | Motion in limine; consecutive sentencing; R.C. 2929.14(C); Reagan Tokes Law. The trial court did not err in granting the state’s motion in limine regarding a witness’s testimony because such testimony was admissible hearsay. The trial court failed to make the necessary findings in accordance with R.C. 2929.14(C) when imposing consecutive sentences. The appellant’s sentence, according to the Reagan Tokes Law, has been ruled constitutional. | Laster Mays | 5/4/2023 | 2023-Ohio-1475 |
| Cleveland v. Bolden | 111671 & 111961 | Certificate of service; service; certified copy; protection order; sufficiency of the evidence. Defendant’s convictions on two counts of violating a protection order were not supported by sufficient evidence where the city failed to present competent, credible evidence that defendant was duly served with the protection order. | Kilbane | 5/4/2023 | 2023-Ohio-1476 |
| In re Za.S. | 111683 | Parental rights, permanent custody, clear and convincing evidence, best interest of the child, R.C. 2151.414(B), R.C. 2151.414(D). Judgment affirmed. The juvenile court did not abuse its discretion in awarding permanent custody to CCDCFS. Clear and convincing evidence within the record supports the juvenile court’s statutory findings and determination that permanent custody was in the best interest of the children. | Boyle | 5/4/2023 | 2023-Ohio-1477 |
| In re A.F.H. | 111816 | Anders brief; permanent custody; termination of parental rights; best interest of the children. Counsel’s motion to withdraw is granted and the mother’s appeal from the juvenile court’s termination of her parental rights is dismissed. Following our independent review, we find that the child has not been in agency custody for more than 12 months of a consecutive 22-month period and she cannot by placed with the mother within a reasonable time or should not be placed with the mother. The mother did not remedy the conditions that led to the child’s removal. Permanent custody to the agency is in the child’s best interest. | Forbes | 5/4/2023 | 2023-Ohio-1478 |
| Kerkay v. Kerkay | 111894 | Final appealable order; R.C. 3105.171(C)(1) division of marital property; divorce decree. The domestic relations court’s judgment entry of divorce did not dispose of all the parties’ marital property; therefore, there was not a final, appealable order and this court does not have jurisdiction to review the merits of the case. | Ryan | 5/4/2023 | 2023-Ohio-1479 |
| Smith & Condeni, L.L.P. v. Condeni | 111903 | Revised Uniform Partnership Act; R.C. Chapter 1776; dissociation; dissolution; partnership; withdrawal; bifurcated proceedings; statutory proceeding; tribunal; right to jury trial. Affirmed. There is no right to a jury trial in determining whether to expel a partner under R.C. 1776.51(E), and because a limited liability partnership does not dissolve following the withdrawal of a partner, the trial court did not err in concluding that the withdrawing partner’s dissociation from the partnership was effective at the latest when the partner delivered a written notice to the remaining partner stating his intent to withdraw from the limited liability partnership. | S. Gallagher | 5/4/2023 | 2023-Ohio-1480 |
| Deshpande v. Manning | 111971 | Final, appealable order; R.C. 2505.02; Civ.R. 54(B); jurisdiction. Appeal dismissed for want of a final, appealable order. Because the trial court’s judgment entry granting summary judgment did not dispose of all claims, this court lacks jurisdiction to review the appeal. | Celebrezze | 5/4/2023 | 2023-Ohio-1481 |
| State v. Jones | 111991 | Felony; burglary; guilty plea; indefinite sentence; Reagan Tokes Law; S.B. 201; constitutionality; preserve; summarily overruled. Judgment of conviction was affirmed. Appellant’s constitutional challenge to the Reagan Tokes Law was summarily overruled on the authority of this court’s en banc decision in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536, ¶ 17-51 (8th Dist.). | S. Gallagher | 5/4/2023 | 2023-Ohio-1482 |
| State v. McQuade | 112158 | R.C. 2929.15; community-control conditions; Jones test; conceded error; abuse of discretion. The trial court abused its discretion when it imposed community-control conditions prohibiting appellant from consuming drugs or alcohol, patronizing any location where drugs and/or alcohol are sold, served, or used including, but not limited to restaurants, bars, sporting venues, concerts, family weddings, backyard barbeques, private parties, political events, etc., and submitting to random testing. The record reflects that appellant did not have a history of drug or alcohol abuse, the conditions had no relationship to the crime, and the conditions did not serve the statutory ends of probation pursuant to the Jones test. | Laster Mays | 5/4/2023 | 2023-Ohio-1483 |
| In re Z.C. | 112210 | Permanent custody; R.C. 2151.353(A)(4); clear and convincing; manifest weight; R.C. 2151.414(E); findings; R.C. 2151.414(D)(1); best interest; consideration; domestic violence; drugs; visitation; veracity. Affirmed award of permanent custody to children-services agency pursuant to R.C. 2151.353(A)(4). Although the child, who tested positive for drugs at birth, was only approximately five months old, an award of permanent custody is expressly sanctioned when necessary for the welfare of the child. The juvenile court made the requisite determinations, set forth multiple findings under R.C. 2151.414(E), and considered the relevant best-interest factors under R.C. 2151.414(D)(1). The juvenile court’s determinations were supported by clear and convincing evidence in the record, and its decision to grant permanent custody to the agency and terminate parental rights was not against the manifest weight of the evidence. | S. Gallagher | 5/4/2023 | 2023-Ohio-1484 |
| Townsend v. Gaul | 112510 | Mandamus; summary judgment; Civ.R. 56(C); resentencing hearing; scope of remand; mandate; nunc pro tunc; R.C. 2969.25(C); affidavit of indigency; statement of inmate account; strict compliance; certification by institutional cashier; mootness; clear legal duty; consecutive sentences; plea agreement; collateral attack on criminal judgment; judicial bias; R.C. 2701.03. Relator’s request for writ of mandamus was denied where relator did not strictly comply with R.C. 2969.25(C) and respondent journalized an order complying with an earlier appellate mandate rendering the claim for relief in mandamus moot. Other requests for relief were not proper subjects for mandamus. | Ryan | 5/4/2023 | 2023-Ohio-1485 |
| State ex rel. Whittington v. Sutula | 112537 | Mandamus; summary judgment; Civ.R. 56(C); motion for jail-time credit; moot; ruling; adequate remedy. Relator’s request for writ of mandamus was denied where respondent entered rulings on pending motions for jail-time credit filed in two related criminal cases, rendering the claim moot. Mandamus could not be used to compel respondent to award a certain amount of jail-time credit, only to rule on the pending motions. | E.T. Gallagher | 5/2/2023 | 2023-Ohio-1486 |