07/18/2024
Case Caption | Case No. | Topics and Issues | Author | Decided | WebCite |
|---|---|---|---|---|---|
| State v. Fitzgerald | 113400 | Consecutive prison terms; firearm specification; R.C. 2929.14; same act or transaction; separate times, locations, or different victims; joinder for trial; Crim.R. 8; guilty plea; complete admission of facts in indictment. The felonious assault and drug trafficking offenses were not committed as part of the same transaction, and the trial court was therefore required to order all of the firearm specifications to be served consecutively. | Celebrezze | 7/18/2024 | 2024-Ohio-2710 |
| Gerace v. Cleveland Clinic Found. | 113231 | Civ.R. 56; summary judgment; tortious interference; attorney-client privilege; work-product; common-interest doctrine. The trial court did not err in granting appellees’ motion for summary judgment when there was no genuine issue of material fact that appellees did not tortiously interfere in appellant’s relationship with his previous employer. The trial court did not err in denying appellant’s motion to compel because the discovery in question was covered by the work-product and common-interest doctrine. Appellees’ counsel also was not required to create a privilege log. | Ryan | 7/18/2024 | 2024-Ohio-2708 |
| Doe v. Roe | 113488 | pseudonym; final appealable order; Civ.R. 10(A); abuse of discretion. The trial court did not abuse its discretion by ultimately denying plaintiff’s motion to proceed under pseudonym status because plaintiff’s privacy interests do not substantially outweigh the presumption of open judicial proceedings. Applying the factors established by Ohio courts, we find that this is not an exceptional circumstance requiring the use of pseudonyms. | Groves | 7/18/2024 | 2024-Ohio-2716 |
| 12312 Mayfield Rd., L.L.C. v. High & Low Little Italy, L.L.C. | 113549 | Motion to compel; attorney-client privilege; R.C. 2317.02; discovery request; agency; in camera inspection; evidentiary hearing. The trial court abused its discretion when it granted defendant-appellee’s motion to compel without first conducting an evidentiary hearing or in camera inspection of the documents to determine whether plaintiff-appellant’s real estate agents/brokers were agents for attorney-client privilege purposes. | Kilbane | 7/18/2024 | 2024-Ohio-2717 |
| State v. Harris | 113364 | Sufficiency of the evidence; manifest weight of the evidence; inconsistent testimony; jury instruction; R.C. 2903.03; sufficient provocation. Defendant-appellant’s convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. Absent evidence of sufficient provocation for purposes of R.C. 2903.03(A), the trial court did not err when it declined to provide a jury instruction on voluntary manslaughter. | Kilbane | 7/18/2024 | 2024-Ohio-2709 |
| In re C.M. | 113440, 113441 | R.C. 2151.28(L); findings of fact and conclusions of law; dependency. Juvenile court’s judgments finding the children dependent reversed and remanded where the juvenile court’s journal entries did not comply with the requirements of R.C. 2151.28(L) because the court did not make specific findings of fact and conclusions of law. | Keough | 7/18/2024 | 2024-Ohio-2713 |
| State v. Allen | 113430 | Reagan Tokes Law, S.B. 201. Appellant’s challenge to the constitutionality of the Reagan Tokes Law fails based on the Ohio Supreme Court’s holding in State v. Hacker, 2023-Ohio-2535, that the law is constitutional. | Laster Mays | 7/18/2024 | 2024-Ohio-2711 |
| State v. Harris | 113128 | Felonious assault; aggravated robbery; sufficiency of the evidence; manifest weight of the evidence; ineffective assistance of counsel; other acts evidence. Appellant’s convictions for felonious assault and aggravated robbery were supported by sufficient evidence and not against the manifest weight of the evidence when the evidence showed that appellant, along with his codefendant girlfriend, used a gun and assaulted the girlfriend’s mother to force the mother to give them more money. Appellant was not denied the effective assistance of counsel and any other acts evidence that was admitted at trial was either admissible or harmless error. | Ryan | 7/18/2024 | 2024-Ohio-2707 |
| Cleveland v. Hale | 113434 | Aggravated disorderly conduct; disorderly conduct; resisting arrest; harm to law enforcement; Cleveland Cod.Ord. 605.03; R.C. 2921.33(B); misdemeanor convictions; sufficiency; manifest weight. Affirmed appellant’s misdemeanor convictions for two counts of aggravated disorderly conduct, disorderly conduct, and resisting arrest with harm to law enforcement. Appellant’s convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. | S. Gallagher | 7/18/2024 | 2024-Ohio-2712 |
| Roe v. Taylor | 113448 | Summary judgment; child pornography; foreign judgment; R.C. 2111.17; App.R. 12; App.R. 16. Appellant entered into an agreement with federal prosecutors to avoid prosecution for child pornography. The appellees, who were the minor victims and are now adults, obtained a judgment against appellant, who for years has tried to evade paying the judgment. Appellees brought a creditor’s claim against appellant, identifying themselves using pseudonyms, as they had done in all prior litigation. The trial court properly granted summary judgment in favor of appellees. Appellant’s claim that the appellees are not allowed to file suit using pseudonyms has repeatedly been raised and found to be without merit in both state and federal court. His argument is once again wholly without merit. The court declines to review any assigned error that appellant raised but failed to argue separately in his brief. | Ryan | 7/18/2024 | 2024-Ohio-2714 |
| State v. Thompson | 113472 | Recognizance bond; surety; forfeiture; defendant incarcerated; | Ryan | 7/18/2024 | 2024-Ohio-2715 |
| State v. Kriwinsky | 114031 | Marsy’s Law; R.C. 2930.071(A)(2)(b)(i) - (iv). The trial court did not abuse its discretion when it denied the victim’s motions to quash the defense’s motions for discovery because the defense’s request for the records proves the factors in R.C. 2930.071(A)(2)(b)(i) - (iv). | Laster Mays | 7/15/2024 | 2024-Ohio-2690 |