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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Brinker CA2016-07-129Anders no error.Per CuriamButler 6/26/2017 6/26/2017 2017-Ohio-5504
Ward v. Rippe CA2016-10-067Mother appeals decision designating her ex-husband as residential parent and legal custodian of their son. The decision was supported by the manifest weight of the evidence where the evidence showed the father could provide a more stable environment and mother was living in unsanitary conditions and prioritizing her romantic relationships over the son. Mother did not demonstrate plain error in court's failure to inquire into alleged conflict of interest involving mother's attorney. Mother did not demonstrate that the court failed to conduct and independent review of the magistrate's decision.HendricksonClermont 6/26/2017 6/26/2017 2017-Ohio-5505
Heath v. Heath CA2016-08-011Trial court did not abuse its discretion in denying the mother's motion for change of custody of the parties' teenage daughter. Trial court's error in not allowing the parties' teenage daughter to testify at the change-of-circumstances hearing did not warrant a reversal where the proffer of the child's testimony was lacking regarding the negative impact home life with the father and stepmother had on the child.M. PowellFayette 6/26/2017 6/26/2017 2017-Ohio-5506
State v. Alexander CA2016-09-085Appellant's conviction for obstructing official business was supported by sufficient evidence and was not against the weight of the evidence where the state introduced evidence that appellant purposefully obstructed a corrections officer's escort of his person and made the officer's duties more difficult by being combative, yelling across the prison yard, refusing directives to be quiet and to calm down, running into the officer's shoulder, flailing his legs at the officer, and trying to head-butt the officer. Moreover, appellant's conviction for obstructing official business, a felony of the fifth degree, was not inconsistent with the trial court's not guilty verdict on an assault charge.HendricksonWarren 6/26/2017 6/26/2017 2017-Ohio-5507
State v. Cunningham CA2016-04-083Father's conviction for murder and endangering children supported by sufficient evidence and the manifest weight of the evidence where father admitted to shaking the infant and the infant's traumatic brain injuries were consistent with a non-accidental traumatic event. Father could not demonstrate plain error as to a claimed erroneous jury instruction where father could not clearly demonstrate a different outcome at trial. The trial court erred in failing to impose court costs in open court.S. PowellButler 6/19/2017 6/19/2017 2017-Ohio-4363
State v. Kinner CA2016-06-105Appellant's sentence was not contrary to law, and was supported by the record where the trial court sentenced appellant within the statutory range for a first-degree felony after considering the proper sentencing factors and considering the facts of the crime.PiperButler 6/19/2017 6/19/2017 2017-Ohio-4364
State v. Dunbar CA2016-08-165The trial court did not err by finding appellant guilty of assault. The trial court, as trier of fact, was in the best position to weigh the credibility of the witnesses.RinglandButler 6/19/2017 6/19/2017 2017-Ohio-4365
Espy v. Interstate Food Serv., L.L.C. CA2016-10-199Trial court erred by granting summary judgment where there were disputed issues of fact as to whether a company negligently entrusted its vehicle to an unlicensed individual and whether the individual was an independent contractor or an employee.RinglandButler 6/19/2017 6/19/2017 2017-Ohio-4366
State v. Wohl CA2016-11-218The trial court did not err, let alone commit plain error, by failing to merge appellant's three rape convictions with that of his conviction for burglary where the burglary was already completed once appellant forced his way into the victim's home and raped her digitally, vaginally, and anally.S. PowellButler 6/19/2017 6/19/2017 2017-Ohio-4367
State v. Fridley CA2016-05-030Trial court did not err by denying appellant's motion to suppress evidence tending to prove appellant's intoxication, including the results of a Horizontal Gaze Nystagmus (HGN) test and two blood draws. In addition, appellant was not entitled to the suppress of incriminating statements made to police prior to arrest where appellant was not subject to custodial interrogation, which would have triggered the need for Miranda warnings.RinglandClermont 6/19/2017 6/19/2017 2017-Ohio-4368