10/07/2021


Case Caption

Case No.Topics and IssuesAuthorDecided
WebCite
State v. Reyes 110126Plea; effect; constitutional; nonconstitutional; understanding; ineffective; prejudice; innocence; sentence; consecutive; findings; clearly and convincingly. The record supports the trial court’s determination that the defendant’s guilty plea was knowingly, intelligently, and voluntarily made. In addition, the defendant did not establish that he would not have entered the plea but for the alleged deficiencies in the trial court’s Crim.R. 11 colloquy. Defense counsel did not render ineffective assistance of counsel during the plea proceedings. The trial court made the necessary findings for the imposition of consecutive sentences, and the findings are not clearly and convincingly unsupported by the record.E.T. Gallagher 10/7/2021 2021-Ohio-3599
State v. Stewart 110219Plea; effect; admission of guilt; constitutional; nonconstitutional; maximum penalty; postrelease control; consequences; violation; prejudice. The record supports the trial court’s determination that the defendant’s guilty plea was knowingly, intelligently, and voluntarily made. In addition, the defendant did not establish that he would not have entered the plea but for the alleged deficiencies in the trial court’s Crim.R. 11 colloquy.E.T. Gallagher 10/7/2021 2021-Ohio-3600
State v. Levison 110281Felony sentence; R.C. 2953.08(G)(2); contrary to law; R.C. 2929.11; R.C. 2929.12; sentence supported by the record. Trial court did not err in imposing maximum 36-month sentence for involuntary manslaughter. Sentence was not contrary to law where sentence was within statutory range and sentencing journal entry reflected that trial court considered the purposes and principles of sentencing and relevant sentencing factors under R.C. 2929.11 and 2929.12 when sentencing defendant. An appellate court cannot review a defendant’s sentence to determine whether the record supports the sentence based on the purposes and principles of sentencing and relevant sentencing factors under R.C. 2929.11 and 2929.12.E.A. Gallagher 10/7/2021 2021-Ohio-3601
Cleveland Firefighters Assn. IAFF Local 93 v. Cleveland Dept. of Law 110329Court of Claims; R.C. 149.43/Ohio Public Records Act; attorney-client privilege; R.C. 2743.75/submission of special master’s report. Emails requested under the Public Records Act, and where the content of those emails is found to not be privileged under the attorney-client privilege, are subject to release to the public. Jones 10/7/2021 2021-Ohio-3602
State v. Shary 109487Suppression; search warrant; substantial basis; affidavit; probable cause; knowingly false; possession; constructive; circumstantial; sufficient; manifest weight; trafficking; criminal tools; complicity. The affidavit submitted in support of the search warrant contained sufficient probable cause to justify the search of the defendant’s residence for illegal contraband. The trial court did not err in refusing to suppress the evidence seized during the search of the residence. Defendant’s convictions are supported by sufficient evidence and are not against the manifest weight of the evidence.E.T. Gallagher 10/7/2021 2021-Ohio-3604
State ex rel. Gowdy v Cuyahoga Cty. Bd. of Elections 110852Mandamus, primary election, general election, East Cleveland Charter Section 115, R.C. 3501.18, and sufficient allegations. Relator, who had finished second in the partisan primary election, did not have the right to be placed on the general election ballot for Mayor of East Cleveland, because the initial paragraph of Section 115 of the East Cleveland Charter provided for partisan primary election so that the winners of the partisan primaries would be placed on the ballot. Relator did not aver sufficient facts to claim that the Board of Elections abused its discretion in providing polling places in her ward. R.C. 3501.18.Forbes 10/5/2021 2021-Ohio-3603