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   State Courts - Ohio - February 15, 2007

  
State v. Mobley, Case No. 06-CA-00003, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, FAIRFIELD COUNTY, February 15, 2007, Date of Judgment Entry
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Overview: Sufficient evidence supported defendant's convictions for aggravated robbery and burglary, kidnapping, and abduction, R.C. §§ 2911.01, 2911.11, 2905.01, and 2905.02. He bought a hunting mask and supplied the gun for his co-defendant and considerable discussions took place as to the robbery, which established defendant's complicity and culpability.

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State v. Morgan, No. 87575, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: When a trial court, upon sentencing defendant to community control sanctions, did not advise him of postrelease control, he could not, under App. R. 4(A), raise this error on appeal from the sentence imposed for his violation of community control, and the court could correct the error when it sentenced him to prison for violating community control.

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State v. Norman, No. 87920, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: When, in a criminal trial, a detective improperly, under Evid. R. 602, said an informant was present during a robbery, because he had no personal knowledge of this, a curative instruction eliminated prejudice to defendant, whose convictions were not against the manifest weight of the evidence because a victim who knew him credibly identified him.

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State v. Oquendo, No. 87913, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: Sufficient evidence supported defendant's felonious assault convictions, under R.C. § 2903.11. The victim testified that when he refused to give him money, defendant picked up a knife and stabbed him several times, necessitating six days of hospitalization. Thus, defendant knowingly caused serious physical harm by means of a deadly weapon.

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State v. Williams, No. 87963, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: Defendant's post-sentence Crim. R. 32.1 motion to withdraw his guilty plea to various drug and other crimes was properly denied without a hearing because he had a full Crim. R. 11 hearing when he pled guilty, it was doubtful, given the evidence, that he would have gone to trial, and he stated no credible reason to allow the withdrawal of his plea.

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Wolfe v. Cahill, No. 88368, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: A note maker's Civ. R. 60(B) motion for relief from judgment entered against him on a cognovit note was properly denied because the motion was not filed until seven years after the judgment was entered, and the maker did not provide the trial court with any explanation for why his seven-year delay in filing the motion to vacate was "reasonable."

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