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| State v. Hill, Case No. 2002-CA-00046,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, FAIRFIELD COUNTY, January 5, 2007, Date of Judgment Entry
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Overview: Defendant failed to show that he was prejudiced by joinder as the evidence would have been admissible in separate trials if the charges had been severed under Crim. R. 14. The evidence was admissible, under Evid. R. 404 and R.C. § 2945.59, to show defendant's motive or intent, an element of the crime charged, which defendant placed at issue.
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| State v. Holin, CASE NO. 2006-L-170,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, January 5, 2007, Decided
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Overview: R.C. § 2937.222 motion to deny defendant bail was properly granted. Evidence showed that defendant conspired to commit aggravated murder and aggravated arson as she conversed about building explosive devices to blow up four officials' homes and had given informant money to buy materials to do so. Also, defendant posed threat to community as whole.
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| State v. Patterson, C.A. CASE NO. 05CA0128,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, CLARK COUNTY, January 5, 2007, Rendered
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Overview: The trial court abused its discretion when, upon a Batson challenge, it made a predicate finding of fact concerning a prospective juror absent evidence needed to support it. The trial court's error was in assuming that the prosecutor's grounds were genuine because his stated concern was reasonable.
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| State v. Ratliffe, Case No. 06CAC050034,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, DELAWARE COUNTY, January 5, 2007, Date of Judgment Entry
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Overview: The trial court did not err in finding defendant guilty of telecommunications harassment, under R.C. § 2917.21(B), as the essential elements were proven beyond a reasonable doubt. The evidence showed that defendant called her ex-husband's answering machine numerous times with the purpose to abuse, threaten, and harass him and his family.
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| State v. Sands, CASE NO. 2006-L-171,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, January 5, 2007, Decided
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Overview: R.C. § 2937.222 motion to deny defendant bail was properly granted. Evidence showed that defendant conspired to commit offenses of aggravated murder and aggravated arson as he conversed about building explosive devices to blow up four officials' homes and had actually obtained materials to do so. Also, defendant posed threat to community as whole.
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| State v. Sewell, C.A. CASE NO. 21444,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 5, 2007, Rendered
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Overview: Defendant's post-conviction petition under R.C. § 2953.21 was properly denied since defendant could have raised his challenge to the constitutionality of his more than minimum sentence as an objection to the sentence imposed or on direct appeal from the judgment of conviction but failed to do so; thus, his claims were barred by res judicata.
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| State v. Sheppard, APPEAL NOS. C-060042, C-060066,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 5, 2007, Date of Judgment Entry on Appeal
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Overview: A trial court properly sentenced defendant separately for his convictions of aggravated burglary and kidnapping, in violation of R.C. §§ 2911.11(A)(1) and 2905.01(A)(2), as they were not allied offenses of similar import under R.C. § 2941.25(B) where one was not necessarily committed upon commission of the other.
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| State v. Williams, Case No. 06 CAA 04 0026,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, DELAWARE COUNTY, January 5, 2007, Date of Judgment Entry
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Overview: Defendant's conviction for nonsupport or contributing to nonsupport of dependents, in violation of R.C. § 2919.21(B), was not against the manifest weight of the evidence, as defendant admitted to nonpayment of his obligations and he did not show by a preponderance of the evidence under R.C. §§ 2901.05(A) and 2919.21(D) that he was unable to pay.
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| Theaker v. Portage Lakes State Park, Case No. 2006-04733-AD,
COURT OF CLAIMS OF OHIO, January 5, 2007, Filed
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Overview: As an automobile owner who parked her vehicle in a state park picnic area was a "recreational user" of the state-owned lands under R.C. §§ 1533.181(A)(1), (2) and 2743.02(A), the state park had no liability under a negligence theory for damage to the automobile that was allegedly caused by a rebar in the parking space concrete block.
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