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| Ransom v. Ransom, CASE NO. CA2006-03-031,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY, February 5, 2007, Decided
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Overview: A trial court abused its discretion in adopting a magistrate's decision in a child support enforcement matter to issue a restraining order under Civ. R. 75(I)(2) against a former husband and the attorneys who represented him in a federal civil action, as the necessary affidavits to support that relief were not filed.
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| State v. $317.49 in United States Currency, Case No. 2006-CA-00318,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Summary judgment granting the forfeiture of property seized from an owner not convicted of a drug offense was proper, under R.C. § 2925.43(A), because no conviction was required, and the owner did not meet his burden of responding to the State's summary judgment evidence showing the property was used in the commission of a felony drug abuse crime.
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| State v. Bailey, C. A. No. 06CA0040-M,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, MEDINA COUNTY, February 5, 2007, Decided
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Overview: Defendant's contention that a trial court did not properly consider his statement of remorse before imposing defendant's sentence was rejected. Defendant was permitted to read his statement. The judge's statement that reading a statement did not help him much in determining a sentence simply meant that he gave more weight to spontaneous statements.
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| State v. Brooker, Case No. 06CA19,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, WASHINGTON COUNTY, February 5, 2007, Date Journalized
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Overview: A trial court's denial of defendant's acquittal motion under Crim. R. 29(A) was proper, as the evidence was sufficient to support her conviction for forgery, in violation of R.C. § 2913.31(A)(1); she created and signed checks that contained valid bank account numbers and fabricated names, which constituted "forging" and the checks were a "writing."
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| State v. Brown, CASE NO. 05 CO 68,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, COLUMBIANA COUNTY, February 5, 2007, Decided
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Overview: As the maximum, concurrent terms of imprisonment imposed upon defendant pursuant to a plea agreement that was accepted by a trial court were authorized by law, recommended jointly by the parties, and imposed by the sentencing judge, the sentence could not be challenged on appeal under R.C. § 2953.08(D).
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| State v. Broyles, Case No. 2006CA00170,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: The trial court failed to notify defendant of his post-release control term, as required by R.C. § 2967.28(B)(2). Prior to the completion of sentence, defendant was returned for resentencing. Because the sentence was void, the trial court was authorized to correct the sentence to include the appropriate, mandatory post-release control term.
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| State v. Butler, Case No. 2006 CA 00021,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Defendant's convictions for illegal manufacturing of drugs and illegal assembly or possession of chemicals for the manufacture of drugs were supported by testimony of a witness that defendant assisted in preparing methamphetamine and by defendant's admission to police that he had purchased materials for use in the production of the drug.
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| State v. Carrico, Case No. 2005CA00324,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Defendant's claim on appeal that his counsel provided ineffective assistance lacked merit, as his assertion that his counsel failed to object to a defective indictment was waived pursuant to Crim. R. 11(B)(1) and 12(C)(2) by defendant's entry of a guilty plea to the charges.
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| State v. Ferrell, Case No. 2006 CA 00236,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Post-conviction motion to dismiss indictment was properly overruled since appellant failed to raise issue at trial or on direct appeal and, thus, was barred by res judicata from raising it in post-conviction petition. Appellant also failed to demonstrate compliance with requirements for successive post-conviction petitions in R.C. § 2953.23(A)(1).
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| State v. Gabbard, CASE NO. CA2006-03-025,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, CLERMONT COUNTY, February 5, 2007, Decided
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Overview: Defendant's presentence motion to withdraw his guilty plea was properly denied. Defendant was afforded a complete Crim. R. 11 hearing before entering his plea, and the record showed that he understood his rights. "Newly discovered evidence" proffered by defendant in his motion to withdraw was readily available to defendant before entering his plea.
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