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   State Courts - Ohio - January 18, 2007

  
State v. Minch, No. 87820, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 18, 2007, Released
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Overview: A trial court violated R.C. § 2953.32(B) by denying a motion to seal a criminal record without a hearing, so its judgment was void, as was its judgment granting a motion to reconsider its first judgment, and its judgment granting the motion without a hearing because a hearing on the motion was mandatory and a motion to reconsider was a nullity.

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State v. Mitchell, No. 06AP-617, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 18, 2007, Rendered
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Overview: Sufficient evidence supported defendant's conviction for domestic violence, under R.C. § 2919.25. The victim testified that defendant punched her, kicked her, grabbed her by her hair and slammed her to the ground, and held a dog's face to her back and told the dog to "bite that bitch." Photographs showed bite marks to her back.

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State v. Negash, No. 06AP-285, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 18, 2007, Rendered
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Overview: The trial court did not abuse its discretion when it denied defendant's motion for a mistrial. Given the examples provided, it could not be concluded that the alleged translation errors were truly errors or, assuming that they were errors, that they were material errors. One alleged error involved the issue of the time the traffic stop occurred.

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State v. Nixon, No. 87847, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 18, 2007, Released
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Overview: A robbery conviction under R.C. § 2911.02 was supported by victim's testimony identifying defendant as woman who beat her while victim's boyfriend stole her money and by neighbor's testimony that she saw defendant as she fled victim's apartment with the boyfriend and another woman. Defendant's testimony that she was not involved lacked credibility.

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State v. Ronan, No. 06AP-63, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 18, 2007, Rendered
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Overview: Although the trial court retained jurisdiction to journalize defendant's sexual predator classification made by the original trial judge, under Civ. R. 63, the State's cross-appeal had to be dismissed because procedendo, not appeal, was the proper remedy for the State. There was never a final appealable order as to the classification.

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