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   State Courts - Ohio - January 25, 2007

  
State v. Taylor, No. 87700, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 25, 2007, Released
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Overview: Evidence in trial on charge of having weapon while under disability under R.C. § 2923.13(A) was sufficient to show that defendant had, carried, or used firearm as victim testified that he saw defendant brandish gun and that defendant hit him in face with the butt of gun. Circumstantial evidence was sufficient to establish that the gun was operable.

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State v. Thiam, No. 87981, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 25, 2007, Released
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Overview: Sufficient evidence supported the conviction for burglary, under R.C. § 2911.12(A)(4). The element of force was established as there was evidence that the front door was closed and locked and the back screen door was also locked, so that defendant had to exert some violence upon one of the doors to enter the house while the victim was inside.

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State v. Trewartha, No. 06AP-654, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 25, 2007, Rendered
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Overview: The imposition of consecutive sentences for crimes committed prior to the Ohio Supreme Court's holding in State v. Foster did not violate defendant's due process rights or ex post facto principles because Foster did not judicially increase defendant's sentence, and it did not retroactively apply a new statutory term to an earlier committed crime.

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State v. Ward, Case No. 2005-CA-0092, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, January 25, 2007, Date of Judgment Entry
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Overview: As defendant failed to file timely notices of appeal under App. R. 3 and 4(A) from trial court orders that denied his motion to withdraw his plea and denied him jail time credit for a period where he was electronically monitored under house arrest, the court of appeals lacked jurisdiction to review the asserted errors; the appeal was dismissed.

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