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   State Courts - Ohio - February 23, 2007

  
State v. Hardin, Court of Appeals No. L-06-1194, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 23, 2007, Decided
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Overview: Defendant's substantial cognitive progress from rehabilitation following head trauma suffered by him in a motor vehicle accident supported a determination after a follow-up competency evaluation under R.C. § 2945.38(B)(1) that he was competent to stand trial.

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State v. Henson, APPEAL NO. C-060320, COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, February 23, 2007, Date of Judgment Entry on Appeal
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Overview: A trial court erred when it provided a jury in defendant's criminal trial with the victim's written statement, based on the jury's request, as the statement was a recorded recollection under Evid. R. 803(5) that was only admissible upon the offer of either party; the judge had acted outside of defendant's presence.

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State v. Johnson, CASE NO. 2005-L-211, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: Totality of circumstances revealed that defendant was fully aware of the effect of his Alford plea. Trial judge complied with Crim. R. 11(C), and although defendant contended that the judge's explanation of Alford plea confused defendant, the judge explained plea to defendant, and defendant, whose counsel was present, indicated that he understood.

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State v. Johnson, CASE NO. 2005-L-208, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: Since defendant had already been released upon completion of his sentence and without supervision, court could not grant relief requested by defendant because, on appeal, defendant challenged only his sentence; thus, defendant's sole assignment of error was moot.

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State v. McDade, Court of Appeals Nos. OT-06-001, OT-06-004, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, OTTAWA COUNTY, February 23, 2007, Decided
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Overview: A trial court's reliance on the seriousness factor under R.C. § 2929.12(B)(6) for purposes of determining the sentence to impose on defendants for child endangerment, in violation of R.C. § 2919.22(B)(6), was error, as the fact that defendants were related to the children did not make their actions in running a methamphetamine lab more serious.

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State v. Miller, Court of Appeals No. L-06-1235, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 23, 2007, Decided
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Overview: A trial court's denial of an inmate's motion to vacate and correct his sentence was proper, as the motion was a postconviction matter which was untimely filed under R.C. § 2953.21(A)(1)(b)(2) and it lacked merit, as Foster was inapplicable where the inmate's matter was not pending on appeal when that decision was issued.

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State v. Poley, C.A. CASE NO. 21301, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 23, 2007, Rendered
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Overview: Conviction for violating Centerville, Ohio, Municipal Code § 434.03(a), assured clear distance ordinance, was supported by victim's testimony that defendant's car struck her car from behind as she slowed to stop because of heavy traffic and defendant's admission that victim's car was in front of his car in same lane prior to the rear-end collision.

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State v. Schmuhl, Court of Appeals No. L-06-1061, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 23, 2007, Decided
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Overview: As the evidence supported a determination that defendant did not adequately warn traffic heading in an eastbound direction of his presence while backing up a passenger van with a trailered boat, he was properly convicted of improper backing, in violation of R.C. § 4511.38; the traffic violation was a strict liability offense.

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State v. Sok, APPEAL NO. C-060033, COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, February 23, 2007, Date of Judgment Entry on Appeal
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Overview: Although defendant's counsel may have misadvised him that his guilty plea to a weapons offense would not result in defendant's deportation, denial of defendant's plea withdrawal request was proper where the trial court properly advised defendant under R.C. § 2943.031(A) after the attorney's comments and defendant indicated that he understood.

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State v. Sparks, C.A. CASE NO. 2006 CA 37, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, February 23, 2007, Rendered
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Overview: Officers had reasonable suspicion of criminal activity under U.S. Const. amend. IV to justify defendant's detention in light of report that vehicle in which defendant was passenger had been involved in possible abduction of female, fact that only female in vehicle had fresh blood on her, and fact that another occupant of the vehicle had new injury.

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