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| In re A. K., C. A. No. 23283,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: The trial court did not err by granting temporary custody of the children to the agency. The evidence supported the finding that the mother knew about her 12-year-old daughter having a sexual relationship with an older man, that she encouraged the relationship, and that she exposed her younger children to that environment.
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| In re I. S., C. A. No. 23215,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: Trial court did not err in denying the motion to intervene as the grandparents had not stood in loco parentis. They had not been in a position to make medical, dental, or other parental decisions on behalf of the children, they did not have care of the children in the absence of supervision by the mother, and the agency retained temporary custody.
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| State ex rel. Smith v. Court of Common Pleas, No. 89031,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 10, 2007, Released
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Overview: An inmate's mandamus action, seeking to compel a judge to rule on motions to correct sentence in underlying criminal matters, was dismissed where it had not yet been 120 days under Sup. R. 40(A)(3), there was no compliance with R.C. § 2969.25(C), Civ. R. 10(A), Ohio Eighth Dist. Ct. App. R. 45, and the request lacked substantive merit.
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| State v. Owens, C. A. No. 23267,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: Defendant's conviction for possession of cocaine under R.C. § 2925.11(A) was proper. Evidence was sufficient to show that defendant possessed cocaine found as defendant lived in apartment where cocaine was found, cocaine was found under defendant's bed in his bedroom, and cocaine was readily usable as ceramic plate and razor blade were on dresser.
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| State v. Rust, C. A. No. 23165,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: There was no error in the trial court's decision not to instruct the jury on self-defense, under R.C. § 2901.05(C), as defendant could have avoided any confrontation with the victim by remaining in his house and seeking police protection. Instead, he chose to leave his house and confront the victim in his front yard, while wielding an aluminum bat.
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| State v. Smith, C. A. No. 23006,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: Defendant was not made aware of the dangers and disadvantages of self-representation and the trial court failed to substantially comply with Crim. R. 44(A) by failing to make a sufficient inquiry to determine whether defendant fully understood and intelligently relinquished his right to counsel.
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| State v. Strickland, C.A. No. 22980,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: There was competent, credible evidence to support the conviction for aggravated robbery, under R.C. § 2911.01(A)(1). Defendant robbed the victim, who had fired him, at knifepoint and his alibi as to what he did after he left the county welfare department was either false and/or it allowed him time to commit the crime.
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| State v. Vang, C. A. No. 23206,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 10, 2007, Decided
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Overview: Defendant's convictions for rape, under R.C. § 2907.02(A)(1)(b), and gross sexual imposition, under R.C. § 2907.05(A)(4), were not against the manifest weight of the evidence. There was overwhelming evidence of defendant's guilt, specifically the DNA evidence from the 11-year-old victim's panties, her testimony, and the nurse's testimony.
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| State v. Warren, No. 86854,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 10, 2007, Released
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Overview: Defendant's application to reopen his appeal pursuant to App. R. 26(B) was denied where his claim that his appellate counsel was ineffective in failing to raise two issues lacked merit; an issue regarding amendments to the statute of limitations lacked merit, and an evidentiary issue was a matter of trial strategy.
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