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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Alexander 27341The State concedes error. The trial court erred by denying Appellant's motion for resentencing. The trial court's failure to advise Appellant of post-release control at sentencing renders that portion of Appellant's sentence void. Reversed and remanded for limited purpose of resentencing as to post-release control.DonovanMontgomery 8/18/2017 8/18/2017 2017-Ohio-7261
State v. Bach 27246Defendant-appellant appeals pro se from an order overruling his motion to correct his sentence. The termination entry incorrectly states that the period of post release control Defendant-appellant must serve upon his release from prison for the offense of Felonious Assault, a second degree felony, is five years, rather than the proper period of three years. This mistake, as the State concedes, constitutes prejudicial error making this portion of the sentence void but subject, upon remand, to correction. The remaining issues raised by Defendant-appellant regarding court costs, financial sanctions, and ineffective assistance of counsel are barred by res judicata. Judgment affirmed in part, reversed in part, and remanded for resentencing to correct the imposition of post release control.TuckerMontgomery 8/18/2017 8/18/2017 2017-Ohio-7262
State v. Bolton 27154The trial court erred when it overruled appellant's "Motion to Release Property." Pursuant to R.C. 2981.03(F), the trial court, upon appellant's motion for return of his property, should have ordered the civil-forfeiture filing time extended and provided him with the procedural protections afforded by the civil-forfeiture statute. Judgment reversed and cause remanded for proceedings consistent with this opinion. (Hall, P.J., dissenting).DonovanMontgomery 8/18/2017 8/18/2017 2017-Ohio-7263
State v. Johnson 27279The State presented sufficient evidence at trial to support Appellant's conviction for having weapons under disability with a three-year firearm specification. Affirmed.WelbaumMontgomery 8/18/2017 8/18/2017 2017-Ohio-7264
State v. Singleton 27329The trial court erred in overruling the appellant's motion for resentencing to impose post-release control properly. The post-release control portion of the appellant's 1997 sentence is void because the trial court incorrectly advised him that he would be on post-release control for "up to" five years rather than for five years. State v. Tanksley, 2d Dist. Clark No. 2015-CA-80, 2016-Ohio-2963, followed. Judgment reversed and cause remanded for resentencing limited to the proper imposition of post-release control. HallMontgomery 8/18/2017 8/18/2017 2017-Ohio-7265
State v. Terry 2016-CA-65It cannot be concluded that Defendant-appellant's 27 year prison sentence is clearly and convincingly not supported by the record. Judgment affirmed. (Froelich, J., dissenting).TuckerClark 8/18/2017 8/18/2017 2017-Ohio-7266
In re Adoption of M.M.R. 2017-CA-12The trial court's conclusion that biological mother failed to provide maintenance and support for her child was not an abuse of discretion and its determination that there was no justifiable cause for such failure was not against the manifest weight of the evidence; biological mother's consent to the child's adoption was not required. Judgment affirmed.FroelichChampaign 8/15/2017 8/15/2017 2017-Ohio-7222
State v. Wilson 27232The juvenile court did not abuse its discretion in its decision to transfer Defendant-appellant's case to the adult criminal system. The general division court, based upon State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, decided after Defendant-appellant was sentenced, did err by imposing a mandatory prison term. Judgment affirmed in part, reversed in part, and remanded for resentencing.TuckerMontgomery 8/15/2017 8/15/2017 2017-Ohio-7223
Clayburn v. Clayburn 27476The trial court did not fail to consider certain bank accounts belonging to the appellee when dividing the parties' assets. Although the record lacked documentary evidence about the accounts, the appellee's testimony addressed them sufficiently. The trial court did not err in awarding the appellee one half of the appellant's pension, minus the monthly cost of a survivor benefit, effective the date of the final divorce hearing. The trial court did not err in finding a small value differential in its property division to be inconsequential. The trial court did not err in retaining jurisdiction over spousal support for ten years. Judgment affirmed.HallMontgomery 8/11/2017 8/11/2017 2017-Ohio-7193
State v. Ewing 27456The trial court did not err in granting Appellee's motion to suppress. Although police officers stopped Appellee for jaywalking, appellee did not flee from the officers, and they lacked a reasonable articulable suspicion that Appellee was involved in drug activity and/or armed. Judgment affirmed. DonovanMontgomery 8/11/2017 8/11/2017 2017-Ohio-7194