CASE DECISION LIST Court of Appeals, Eighth Appellate District Page: 1 of 5. July 31, 2014

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1 Court of Appeals, Eighth Appellate District Page: 1 of 5 July 31, COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v CHARLES WRIGHT Affirmed in part; reversed in part; remanded. Eileen T. Gallagher, J., Kenneth A. Rocco, P.J., and Mary Eileen Kilbane, J., concur. KEY WORDS: Prison sentence; fines and costs; assigned counsel fees; R.C ; R.C Prison sentence affirmed. Record demonstrated that court considered the purposes and principles of felony sentencing set forth in R.C and Trial court may consider prior domestic violence charge even though it was reduced to disorderly conduct because it was not the sole basis for the sentence. Judgment ordering defendant to pay court costs, fines, and assigned counsel fees is reversed and remanded for clarification because court made conflicting statements about waiving costs due to indigency and subsequently ordering payment of costs, fines, and fees COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v ISIAH B. HALE Kathleen Ann Keough, J., Larry A. Jones, Sr., P.J., and Tim McCormack, J., concur. KEY WORDS: Crim.R. 32.1; post-sentence motion to withdraw guilty plea; abuse of discretion; exculpatory evidence; Brady Trial court did not abuse its discretion in granting defendant s post-sentence motion to withdraw his guilty plea because evidence that was not disclosed to the defense prior to entering into the plea, but subsequently discovered, was potentially exculpatory and in support of the affirmative defense of self-defense that was raised COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v KEVIN DUNNE Eileen A. Gallagher, J.; Mary Eileen Kilbane, J., concurs; Frank D. Celebrezze, Jr., P.J., concurs (with separate opinion).

2 Court of Appeals, Eighth Appellate District Page: 2 of 5 KEY WORDS: Double jeopardy; R.C ; R.C ; escape; postrelease control. There is no double jeopardy violation where a person released on postrelease control who violates conditions of that postrelease control faces a term of incarceration for the violation as well as criminal prosecution for the conduct that was the subject of the violation as a felony in its own right JUVENILE COURT DIVISION F CIVIL C.P.-JUV, DOM, PROBATE IN RE: D.P. Affirmed and remanded. Eileen A. Gallagher, J., Sean C. Gallagher, P.J., and Patricia A. Blackmon, J., concur. KEY WORDS: Juvenile parole; R.C (F); abuse of discretion; R.C (F) allows a court to commit a juvenile delinquent to ODYS for a period of longer than 30 days PROBATE COURT DIVISION F CIVIL C.P.-JUV, DOM, PROBATE KATHRYN R. KINCHEN v A.R. MAYS, ETC., ET AL. Sean C. Gallagher, P.J., Eileen A. Gallagher, J., and Patricia Ann Blackmon, J., concur. KEY WORDS: Genuine issue of material fact; trust amendment; undue influence; testamentary capacity; R.C The trial court did not err in denying plaintiff leave to amend her complaint to include a claim for reformation of the trust, or in granting summary judgment in favor of defendants upon the undue influence and lack of testamentary capacity claims in light of the undisputed evidence establishing the decedent s intent GARFIELD HTS. MUNI. C CRIMINAL MUNI. & CITY VILLAGE OF CUYAHOGA HEIGHTS v STEPHANIE A. JELENIC MAJORS GARFIELD HTS. MUNI. C CRIMINAL MUNI. & CITY VILLAGE OF CUYAHOGA HEIGHTS v JAMES A. MAJORS, JR. Larry A. Jones, Sr., J., and Eileen A. Gallagher, J., concur; Frank D. Celebrezze, Jr., P.J., dissents with separate opinion.

3 Court of Appeals, Eighth Appellate District Page: 3 of 5 KEY WORDS: Crim.R. 29/motion for acquittal; manifest weight; R.C (A)/child endangerment. The totality of the circumstances was sufficient for a conviction and the convictions were not against the manifest weight of the evidence COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v CHARDON J. BLACK, I Patricia Ann Blackmon, J., Eileen A. Gallagher, P.J., and Tim McCormack, J., concur. KEY WORDS: Anders brief; frivolous appeal; independent review. - After an independent review pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L.Ed.2d 493, this court found no errors in the trial court that were prejudicial to appellant. Appointed counsel s motion to withdraw is granted CLEVELAND MUNI. C CRIMINAL MUNI. & CITY CITY OF CLEVELAND v RAEMARIE C. RINI Reversed and remanded. Sean C. Gallagher, P.J., Eileen A. Gallagher, J., and Patricia Ann Blackmon, J., concur. KEY WORDS: Cleveland Codified Ordinance (a); failure to comply; order of a police officer; traffic; insufficient evidence; Confrontation Clause; points; collateral disability. Conviction for violation of Cleveland Codified Ordinance (a) for failure to comply with the lawful order of a police officer who was directing traffic was reversed. There was insufficient evidence to support the conviction where the officer who allegedly observed the violation did not testify at trial and the city failed to present evidence to establish a lawful order from a police officer was given or appellant s failure to comply therewith. Testimony from an officer who did not witness the violation relating to the observations of another officer was barred by the operation of the Confrontation Clause. Although appellant paid the fine that was imposed, the appeal was not moot because the imposition of points is a collateral disability that is sufficient to preserve the justiciability of an appeal.

4 Court of Appeals, Eighth Appellate District Page: 4 of GARFIELD HTS. MUNI. G CIVIL MUNI. & CITY GREGORY PICKETT v ERICA RICE-ROBERTS Vacated and remanded. Mary J. Boyle, A.J., Kenneth A. Rocco, J., and Tim McCormack, J., concur. KEY WORDS: Nunc pro tunc; Civ.R. 60(A). Trial court s use of a nunc pro tunc order to dismiss counterclaim was improper because the court had never previously adjudicated the claim. A nunc pro tunc entry is restricted to placing upon the record evidence of judicial action that has been actually taken COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO SUNESIS TRUCKING COMPANY, INC. v THISTLEDOWN RACETRACK, LLC, ET AL. Reversed and Remanded. Kathleen Ann Keough, J., Kenneth A. Rocco, P.J., and Eileen A. Gallagher, J., concur. KEY WORDS: summary judgment, anticipatory repudiation, breach of contract, modification Trial court erred in granting summary judgment in favor of defendant when defendant s statement and subsequent acts demonstrated that plaintiff s request for payment was not a breach of contract by anticipatory repudiation COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v JOHN DIX Dismissed. Kathleen Ann Keough, J., Larry A. Jones, Sr., P.J., and Eileen T. Gallagher, J., concur. KEY WORDS: Motion for reconsideration; nullity; final appealable order; dismiss. Appeal from denial of motion for reconsideration after final judgment in criminal case dismissed for lack of a final appealable order because the motion and the trial court s judgment denying the motion were nullities.

5 Court of Appeals, Eighth Appellate District Page: 5 of COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO BANK OF AMERICA v TEALLA P. BERMAN, ET AL. Eileen A. Gallagher, J., Sean C. Gallagher, P.J., and Patricia A. Blackmon, J., concur. KEY WORDS: Motion for summary judgment; foreclosure; mortgage; RESPA; negligence; breach of contract; de novo; magistrate s decision. Trial court properly granted summary judgment in favor of bank in foreclosure where defendant failed to demonstrate a RESPA violation or any deficiency in the bank s documentation supporting summary judgment. Trial court also properly granted summary judgment on defendant s counterclaims which failed as a matter of law