CASE DECISION LIST Court of Appeals, Eighth Appellate District Page: 1 of 7. January 26, 2012

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1 Court of Appeals, Eighth Appellate District Page: 1 of 7 January 26, DOMESTIC RELATIONS F CIVIL C.P.-JUV, DOM, PROBATE KAREN LEMKE v LAWRENCE A. LEMKE Colleen Conway Cooney, J., Mary J. Boyle, P.J., and Kenneth A. Rocco, J., concur. KEY WORDS: Divorce; contempt of court; spousal support; attorney fees JUVENILE COURT DIVISION F CIVIL C.P.-JUV, DOM, PROBATE IN RE: A.R JUVENILE COURT DIVISION F CIVIL C.P.-JUV, DOM, PROBATE IN RE: A.R. Reversed and remanded. Kathleen Ann Keough, J.; Sean C. Gallagher, P.J., and Kenneth A. Rocco, J., concur. KEY WORDS: Trial court erred in accepting juvenile's admission where totality of circumstances demonstrated that child did not knowingly, voluntarily, and intelligently waive his right to counsel. Trial court did not engage in meaningful dialogue with juvenile regarding right to counsel and gave no explanation of the right other than informing juvenile that he had a right to counsel and if he could not afford a lawyer, one would be appointed for him COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO CARL J. FALIVENE, ET AL. v BOB SCHMITT HOMES, INC. James J. Sweeney, J., Mary Eileen Kilbane, P.J., and Mary J. Boyle, J., Concur. KEY WORDS: The trial court properly granted summary judgment on Appellants claims where the Option Agreement automatically terminated pursuant to the plain and unambiguous terms of the integrated agreement. The parol evidence rule barred introduction of testimony concerning oral representations that were allegedly made, which directly contradicted the terms of the agreement on the same subject matter.

2 Court of Appeals, Eighth Appellate District Page: 2 of COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v DEANGELO ADDISON Vacated and remanded. Eileen A. Gallagher, J., James D. Sweeney, P.J., and Kathleen Ann Keough, J., concur. KEY WORDS: Judgment of the trial court is reversed. The state failed to support the defendant s convictions for felonious assault against both victims. Specifically, the state failed to establish a causal nexus between the defendant s actions with the victims and the ultimate injuries sustained by the victims. Moreover, the state failed to establish that one victim suffered serious physical harm COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v GEORGE SMITH COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v GEORGE SMITH COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v GEORGE SMITH Affirmed Mary Eileen Kilbane, P.J., Melody J. Stewart, J., and Eileen A. Gallagher, J., Concur. KEY WORDS: Defendant s conviction affirmed where defendant still had not registered with sheriff s office two months after his release from prison. The duty to register arises by operation of law. Defendant cannot be subject to AWA penalties for failure to register if the defendant was adjudicated under Megan s Law and the failure to register results from the Megan s Law conviction COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v HENRY BUFORD James J. Sweeney, P.J., Larry A. Jones, J., and Mary Eileen Kilbane, J., Concur. KEY WORDS: Court s denial of defendant s request to represent himself in a criminal trial was proper when defendant s request was untimely, and defendant demonstrated that he lacked the ability to knowingly, intelligently, and voluntarily waive his right of self-representation. Defendant s convictions for tampering with evidence and drug possession were not against the manifest weight of the evidence when two police officers testified

3 Court of Appeals, Eighth Appellate District Page: 3 of 7 (Case continued) consistently about their interaction with defendant, and the State presented credible, uncontroverted evidence regarding chain of custody of the drugs COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO U.S. BANK N.A. v JOHN C. WILKENS, ET AL. Affirmed in part, reversed in part, and remanded. Mary J. Boyle, P.J., Colleen Conway Cooney, J., and Kenneth A. Rocco, J., concur. KEY WORDS: Arbitration rider attached to note and mortgage was not substantively unconscionable. Wife, who was a nonsignatory to the arbitration rider, could be forced to arbitrate because she signed the mortgage and benefitted from the mortgage. The scope of the arbitration rider covered third-party claims COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v REBECCA A. WHITBY Sean C. Gallagher, J., Frank D. Celebrezze, Jr., P.J., and Eileen A. Gallagher, J., concur. KEY WORDS: assault on a peace officer; resisting arrest; peremptory; Batson; joinder; sever; Crim.R. 14; prejudice; sufficiency; manifest weight; credibility; grand jury testimony; particular need; inconsistencies PARMA MUNI. A CRIMINAL C.P. CITY OF BROOKLYN v ROSARIO PERNA, JR. Vacated and discharged. Eileen A. Gallagher, J., James J. Sweeney, P.J., and Larry A. Jones, J., concur. KEY WORDS: Judgment reversed, conviction and sentence vacated. Father s actions in disciplining his daughter did not rise to the level of domestic violence when he was merely attempting to control an out-of-control teenage girl.

4 Court of Appeals, Eighth Appellate District Page: 4 of COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v LAVERT HALL Colleen Conway Cooney, J., and Frank D. Celebrezze, Jr., J., concur; Larry A. Jones, J., dissents (with separate dissenting opinion attached). KEY WORDS: Admission of police report into evidence as exhibit; Evid.R. 803(8); Sixth Amendment Right of Confrontation; testimonial v. nontestimonial hearsay COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v MAJED LABABIDI Colleen Conway Cooney, J., and Patricia Ann Blackmon, A.J., concur; Sean C. Gallagher, J., concurs in judgment only (with separate opinion attached). KEY WORDS: Motion to withdraw guilty plea; abuse of discretion; noncitizen criminal defendant; Padilla v. Kentucky; deportation COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v RONALD SIMMONS James J. Sweeney, P.J., Larry A. Jones, J., and Eileen A. Gallagher, J., Concur. KEY WORDS: The trial court did not err by accepting defendant s waiver of jury trial where it was in writing, voluntarily signed by defendant, acknowledged in open court, entered after consultation with defense counsel, filed, and made part of the record COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO JASON MEADOWS, ET AL. v AIR CRAFT WHEELS LLC, ET AL. Sean C. Gallagher, J., Frank D. Celebrezze, Jr., P.J., and Eileen A. Gallagher, J., concur. KEY WORDS: summary judgment; employer intentional tort; R.C.

5 Court of Appeals, Eighth Appellate District Page: 5 of 7 (Case continued) ; deliberate misrepresentation; hazardous substance; dangers; magnesium; deliberate intent; specific intent; injure; safety procedures; training; safety equipment; joint business venture; intent; negligence; duty; proximate cause COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v JOSEPH CARDAMONE Sean C. Gallagher, J., Frank D. Celebrezze, Jr., P.J., and Eileen A. Gallagher, J., concur. KEY WORDS: The trial court did not err in addressing only the postrelease control and proper notification of court costs issues on remand from this court. Defendant s arguments addressing the underlying sentence and imposition of court cost is barred by the application of res judicata PROBATE COURT F CIVIL C.P.-JUV, DOM, PROBATE VILLAGE OF MAYFIELD v COSTANZO & SON COMPANY, ET AL. Mary J. Boyle, P.J., Colleen Conway Cooney, J., and Kenneth A. Rocco, J., concur. KEY WORDS: Failure to obtain a stay of the trial court judgment rendered appellant s appeal moot. Even if matter was not moot, appellant failed to demonstrate any due process violations warranting a reversal COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO ROBERT NYKIEL v NORTHCOAST MOVING ENTERPRISES, ET AL Reversed and Remanded. James J. Sweeney, P.J., Larry A. Jones, J., and Mary Eileen Kilbane, J., Concurs. KEY WORDS: Court erred by denying employer s motion for judgment on the pleadings in workers compensation case after employee failed to re-file a voluntarily dismissed case within the one-year saving statute.

6 Court of Appeals, Eighth Appellate District Page: 6 of COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO AUDREY (MICKEY) PRIVATE PARTY v MR. JAMES ROKAKIS, ET AL. Colleen Conway Cooney, J., Mary J. Boyle, P.J., and Kenneth A. Rocco, J., concur. KEY WORDS: Subject matter jurisdiction; Civ.R. 12(B)(1); collateral attack doctrine; plaintiff attempted to collaterally attack foreclosure judgment against her instead of appealing from that judgment COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO ANN EPSTEIN v MARTIN LOUIS, ET AL. Colleen Conway Cooney, J., and Mary J. Boyle, J., concur; Kenneth A. Rocco, J., concurs (with separate concurring opinion attached). KEY WORDS: Civ.R. 60(B); Civ.R. 60(A); timeliness; clerical error COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO THOMAS MOTA, ET AL. v JEROME GRUSZCZYNSKI, ET AL. Mary J. Boyle, P.J., Colleen Conway Cooney, J., and Kenneth A. Rocco, J., concur. KEY WORDS: Trial court properly granted summary judgment in favor of defendants on plaintiff-bounty hunter's claims. Dog-bite statute could not impose strict liability upon defendants when bounty hunter entered their home without consent in pursuit of their son. Plaintiffs' negligence claim also failed because there was no evidence of willful, wanton, or reckless conduct by the defendants COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO JOSIAH HARVEY v KP PROPERTIES, INC. ET AL. Reversed and Remanded. James J. Sweeney, P.J., Larry A. Jones, J., and Mary Eileen Kilbane, J., Concur.

7 Court of Appeals, Eighth Appellate District Page: 7 of 7 (Case continued) KEY WORDS: Trial court s judgment granting motion to compel discovery is reversed and case is remanded for an evidentiary hearing or in camera inspection of whether information sought is privileged COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO BELLE TIRE DISTRIBUTORS, INC. v OHIO DEPT. OF JOB & FAMILY SERV. DIR Reversed and remanded. Eileen A. Gallagher, J., James J. Sweeney, P.J., and Larry A. Jones, J., concur. KEY WORDS: Judgment reversed. The decision of the State of Ohio Unemployment Compensation Review Commission was supported by competent, credible evidence and as such, it should not have been disturbed by the trial court.