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| State v. Hubbard, Case No. 2006CA00204,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: In a prosecution for having weapons while under disability under R.C. § 2923.13, evidence that police were told that man with gun was hiding in basement, that defendant was found in basement, and that defendant told officers that he did not reveal the location of gun because he had active warrant was sufficient to show that defendant possessed gun.
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| State v. Johnson, CASE NUMBER 12-06-11,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, PUTNAM COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: At trial on charge of failure to stop after accident under R.C. § 4549.021, evidence showed that defendant was the driver of car that struck parked truck. One eyewitness testified that she saw defendant driving the offending car right after collision, and second eyewitness testified that he saw someone matching defendant's description driving car.
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| State v. Kenny, Case No. 06-COA-006,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, ASHLAND COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: The trial court erred in its restitution order, pursuant to R.C. § 2929.18(A)(1), by failing to enter proper findings and a fixed amount. However, the trial court satisfied the requirements of R.C. § 2929.19(B)(6) and considered defendant's present and future ability to pay before imposing a financial sanction.
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| State v. Payne, No. 86280,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 22, 2007, Released
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Overview: The App. R. 26(B)(5) application to reopen was denied as it was not found that appellate counsel was ineffective or that the inmate was prejudiced by appellate counsel's conduct. The inmate failed to demonstrate that he had a reasonable probability of being successful on direct appeal if his appellate counsel had raised the issues complained of.
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| State v. Recker, CASE NUMBER 12-05-21, CASE NUMBER 12-05-22,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, PUTNAM COUNTY, January 22, 2007, DATE OF JUDGMENT ENTRY
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Overview: The record failed to demonstrate that the jury ever found beyond a reasonable doubt that anybody was "present or likely to be present" as to the charge of complicity to burglary, under R.C. § 2911.12(A)(2), which amounted to plain error. However, there was sufficient evidence to support a conviction under R.C. § 2911.12(A)(3).
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| State v. Sanchez, CASE NUMBER 4-06-31,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, DEFIANCE COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: When defendant's case was remanded for resentencing, the trial court had no jurisdiction to consider his motion, on remand, to withdraw his no contest plea, under Crim. R. 32.1, because his conviction had been affirmed and res judicata barred his motion because it had not been raised in the initial trial court proceedings or on appeal therefrom.
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| State v. Sullivan, Case No. 05-COA-059,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, ASHLAND COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: Defendant's prison term imposed upon his conviction for aggravated possession of drugs was reversed because his sentence was based on a statute that the Supreme Court of Ohio had declared unconstitutional in State v. Foster. Defendant was entitled to re-sentencing.
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| State v. Watts, CASE NO. CA2005-08-364,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, January 22, 2007, Decided
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Overview: Denial of defendant's motion to suppress was not error. All of the statements that he made to the detectives before he was placed under formal arrest were not the product of custodial interrogation, and the detectives were not required to issue Miranda warnings to defendant before he made those statements in order for them to be deemed admissible.
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| State v. Wentling, CASE NUMBER 16-06-03,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, WYANDOT COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: Since the trial court considered the record, the information presented at the sentencing hearing, the presentence investigation report, and the victim impact statement when it sentenced defendant, as required by R.C. § 2929.19(B)(1), defendant's more than minimum, consecutive sentences were proper.
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| Village of Granville v. Pumphrey, Case No. 2006CA00054,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, January 22, 2007, Date of Judgment Entry
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Overview: The motion to suppress was properly granted because there was no evidence demonstrating that the specific requirement of Ohio Admin. Code § 3701-53-04(A)(1) that the blood alcohol instrument be checked to detect radio frequency interference using a hand-held radio normally used by the law enforcement agency had been met.
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