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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Blessing v. Blessing 27353The trial court, in response to each party's motion to terminate the parties' shared parenting plan and request for sole custody, terminated the shared parenting plan and designated the Defendant-appellant as the sole residential and legal custodial parent. The trial court, however, maintained the week-to-week parenting time, with Defendant-appellant appealing the parenting time determination. The trial court, upon review of the facts of this case and the R.C. 3109.051(D) parenting time factors, did not abuse its discretion in maintaining the equal week-to-week parenting time. Judgment affirmed.TuckerMontgomery 5/19/2017 5/19/2017 2017-Ohio-2878
State v. Bowen 2016-CA-4Trial court did not err in convicting defendant for felony murder when the predicate offense was felonious assault. State v. Mays, 2d Dist. Montgomery No. 24168, 2012-Ohio-838, and State v. Slaughter, 2d Dist. Montgomery No. 25215, 2014-Ohio-862, followed. Judgment affirmed. FroelichMiami 5/19/2017 5/19/2017 2017-Ohio-2879
State v. Brown 27377The trial court erred in suppressing drug evidence found following a sobriety-checkpoint stop of the appellee's car. During the stop, officers smelled burnt marijuana in the car, the appellee exited the car at an officer's direction, and the appellee then fled on foot before being caught, arrested, and found in possession of cocaine. The officers' detection of the odor of marijuana authorized them to order the appellee out of the car. Judgment reversed and cause remanded.HallMontgomery 5/19/2017 5/19/2017 2017-Ohio-2880
State v. Coppock 2016-CA-17Defendant-appellant asserts that because of mental and physical illnesses her guilty plea was not knowing and voluntary, and, as such, the trial court erred in accepting her plea. The trial court, upon review of the plea colloquy, complied with Crim.R. 11, and further, Defendant-appellant understood the nature of the charge against her, the consequences of pleading guilty, and the constitutional rights she was waiving. Judgment affirmed.TuckerMiami 5/19/2017 5/19/2017 2017-Ohio-2881
State v. D.F. 27032Defendant, a juvenile, was convicted of voluntary manslaughter, an inferior offense of murder, after being bound over from juvenile court for murder (mandatory bindover) and felonious assault (discretionary bindover). Because the juvenile court erred in transferring the murder charge to adult court under the mandatory transfer provisions, defendant's conviction for voluntary manslaughter must be vacated. State v. Aalim, Ohio Sup. Ct. Slip Opinion No. 2016-Ohio-8278 and State v. Washington, 2d Dist. Montgomery No. 20226, 2005-Ohio-6546, followed. Judgment reversed and case remanded to the juvenile court for further proceedings. (Hall, P.J., dissenting). FroelichMontgomery 5/19/2017 5/19/2017 2017-Ohio-2882
In re G.P. 2016-CA-88In permanent custody proceedings, Appellant waived error regarding appointment of legal counsel by failing to either request a continuance or object to any alleged error during the trial court proceedings. Further, under a plain error standard, no extraordinary circumstances existed to require reversal. Counsel was appointed well in advance of the permanent custody hearing and Appellant failed to show how she was prejudiced. The trial court also did not err in finding that an award of permanent custody was in the child's best interests. The court's decision was supported by clear and convincing evidence. Affirmed.WelbaumClark 5/19/2017 5/19/2017 2017-Ohio-2883
State v. Nelson 27324Trial court did not err in granting defendant's motion to suppress evidence. There was a reasonable, articulable basis for a traffic stop based on defendant's driving outside the marked lane; however, the trial court did not err in determining that, based on a totality of circumstances, "moderate" odor of an alcoholic beverage and bloodshot, watery eyes, as well as some ambiguity about whether defendant knew what day it was, did not constitute reasonable, articulable suspicion justifying field sobriety tests. Judgment affirmed. (Tucker, J., dissenting).FroelichMontgomery 5/19/2017 5/19/2017 2017-Ohio-2884
Simon v. Underwood 2016-CA-18In an action for partition, the trial court did not err in adopting the Commissioner's report which: 1) concluded the Property at issue could not be equitably partitioned without manifest injury to its value; 2) set forth an appraised value of the Property in fee simple; and 3) included improvements to the Property in the fee simple value. Judgment affirmed. DonovanChampaign 5/19/2017 5/19/2017 2017-Ohio-2885
Whitehead v. Star First 1 Fin., Inc. 27363The trial court abused its discretion when it overruled Appellant's motion for relief from judgment based on a purported failure to present a meritorious defense. In its motion, Appellant alleged that the action had been filed against the wrong party. Appellant was required only to allege a meritorious defense, not to prove that it will prevail on that defense. Judgment reversed and remanded.WelbaumMontgomery 5/19/2017 5/19/2017 2017-Ohio-2886
State v. Villegas 27234The trial court did not err in suppressing statements Defendant made to a detective following his arrest. Defendant initially invoked his right to remain silent in an interview room, and he did not voluntarily initiate case-related conversation with the detective shortly thereafter while being escorted to a jail cell. Further, even if Defendant initiated conversation, he did not knowingly, intelligently, and voluntarily waive his right to remain silent. Judgment affirmed. (Hall, P.J., dissenting).FroelichMontgomery 5/19/2017 5/19/2017 2017-Ohio-2887