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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Nolen CA2017-01-002Trial court did not err by imposing a prison term where the sentence imposed was not contrary to law and was fully supported by the record.RinglandButler 12/4/2017 12/4/2017 2017-Ohio-8791
In re S.A. CA2017-07-092, CA2017-07-093, CA2017-07-094, CA2017-07-095, CA2017-07-096, CA2017-07-097, CA2017-07-098The juvenile court's decision granting permanent custody of Mother's children to the children services agency was supported by clear and convincing evidence and not against the manifest weight of the evidence.RinglandButler 12/4/2017 12/4/2017 2017-Ohio-8792
State v. Hensgen CA2017-01-008The trial court did not err by denying appellant's motion to suppress where officers responded to the scene on reports of an unresponsive male, later determined to be appellant, and discovered in plain view a syringe and an active methamphetamine lab nearby to appellant's body. In addition, the trial court's decision sentencing appellant to an aggregate five-year prison term after he was found guilty of various felony drug offenses was not excessive and supported by the record where appellant had committed the crimes while on community control and had a lengthy criminal history that included numerous misdemeanor and felony offenses. Finally, appellant did not receive ineffective assistance of counsel because the defense implemented at trial was a product of sound trial strategy and there is no requirement that appellant's trial counsel develop and share a meaningful relation with appellant so as to afford him effective, competent representation.S. PowellClermont 12/4/2017 12/4/2017 2017-Ohio-8793
Smith v. Camp CA2017-02-003The public children services agency, as a branch of a political subdivision, does not have a cognizable due process claim against the juvenile court. The juvenile court was not required to make findings regarding reasonable efforts under R.C. 2151.419 before granting temporary custody to the agency.M. PowellFayette 12/4/2017 12/4/2017 2017-Ohio-8794
State v. Writesel CA2017-02-004By pleading guilty to the offenses, defendant waived his right to appeal the denial of his continuance request. The trial court did not err in imposing consecutive findings where the trial court complied with R.C. 2929.14(C)(4) and made the requisite findings during the sentencing hearing and in its sentencing entry.M. PowellMadison 12/4/2017 12/4/2017 2017-Ohio-8795
State v. Heard CA2016-11-095Appellant's right to confront witnesses against him was violated when the trial court admitted hearsay statements from the victim through the testimony of the officer who questioned the victim on the night of the incident. The statements were testimonial in nature because the officer did not ask the victim questions to deal with an ongoing emergency, but rather, to establish what had happened in the past to use in a future prosecution.PiperWarren 12/4/2017 12/4/2017 2017-Ohio-8796
State v. B.J.T. CA2016-12-106Appellant's sexual battery and gross sexual imposition convictions were supported by sufficient evidence and were not against the manifest weight of the evidence where the state demonstrated that appellant engaged in sexual conduct and sexual contact with his adoptive daughter by touching the victim's butt, chest, and digitally penetrated her vagina. The sentencing judge committed reversible error in relying on another judge's personal notes and impressions to familiarize himself with the case, rather than reviewing an official record of the proceedings, before imposing appellant's sentence.HendricksonWarren 12/4/2017 12/4/2017 2017-Ohio-8797
State v. Gomez CA2017-03-035The trial court did not err by denying appellant's motion to suppress where appellant was not subject to a custodial interrogation requiring the issuance of Miranda warnings. Moreover, even if appellant was subject to a custodial interrogation, appellant knowingly, intelligently, and voluntarily waived his Miranda rights prior to being subject to the alleged custodial interrogation.S. PowellButler 11/27/2017 11/27/2017 2017-Ohio-8681
Harmon v. Harmon CA2017-04-047Trial court did not abuse its discretion in naming Father the residential parent where the court considered all relevant factors in accordance with R.C. 3109.04(F)(1) and determined it was in the children's best interest for Father to be named custodial parent. Trial court did abuse its discretion, however, in calculating child support and awarding Father tax dependency exemptions where the court relied on an erroneous finding that the parties had "equal" parenting time. Under the allocation of parental rights and responsibilities, the children were in the nonresidential parent's custody more than 65 percent of the year.HendricksonButler 11/27/2017 11/27/2017 2017-Ohio-8682
Fussnecker v. Lamb CA2017-04-003Municipal court did not err in finding that property owner's claims regarding two prior property-related payments he made as a tenant were merged into the deed when he purchased the property.M. PowellBrown 11/20/2017 11/20/2017 2017-Ohio-8635