CASE DECISION LIST Court of Appeals, Eighth Appellate District Page: 1 of 5. July 5, 2012

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1 Court of Appeals, Eighth Appellate District Page: 1 of 5 July 5, COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v ADAM CASSANO Melody J. Stewart, P.J., Mary J. Boyle, J., and Kenneth A. Rocco, J., concur. KEY WORDS: Court did not abuse its discretion by imposing sentence on three firearm specifications because sentence for two of the firearm specifications had to be imposed under former R.C (D)(1)(g) and the court had discretion to impose sentence on the third firearm specification and no abuse of discretion was argued or shown. Defendant who was tried by the court has no basis for stating a Bruton claim because the danger posed by a Bruton claim relates only to jury confusion COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO BELVINO LLC v EMPSON (USA) INC., ET AL. Affirmed in part; reversed in part and remanded Mary Eileen Kilbane, J., and Kathleen Ann Keough, J., Concur; Melody J. Stewart, P.J., Dissents (see separate dissenting opinion). KEY WORDS: Trial court s judgment affirmed in part and reversed in part. Wine importer was real party in interest and had standing, after an assignment, to sue on wine distributor s behalf. Wine importer was protected under Ohio s Alcoholic Beverages Franchise Act. Wine maker and new wine distributor did not properly terminate the franchise as required by the Act. Wine importer failed to demonstrate issue of fact with respect to its tortious interference with contract and business relationships where record void of any improper actions on new importer s behalf COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v JERREL T. GLENN Colleen Conway Cooney, J., Mary J. Boyle, P.J., and Mary Eileen Kilbane, J., concur. KEY WORDS: Evid.R. 901, authentication of text messages; text message may fall within the business record exception of hearsay

2 Court of Appeals, Eighth Appellate District Page: 2 of 5 (Case continued) rule, if properly authenticated; circumstantial evidence. Evid.R. 901, authentication of text messages; text message may fall within the business record exception of hearsay rule, if properly authenticated; circumstantial evidence COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v BRANDON BECKWITH Reversed and Remanded. James J. Sweeney, J., Frank D. Celebrezze, Jr., P.J., and Kathleen Ann Keough, J., Concur. KEY WORDS: The trial court should have granted a mistrial where defendant s right to confrontation and cross-examination was violated by the spontaneous statement of a co-defendant that inculpated defendant. The statement was inadmissible hearsay, the declarant did not testify and the separate evidence as to defendant s guilt was not overwhelming. There was sufficient circumstantial evidence to establish defendant s identity for purposes of overcoming the defense s motion for acquittal COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO LAWANDA DAVIS, ET AL. v CUYAHOGA METRO. HOUSING AUTHORITY Sean C. Gallagher, J., Larry A. Jones, Sr., P.J., and Kathleen Ann Keough, J., concur. KEY WORDS: The trial court did not err in granting summary judgment in favor of appellee. There was no evidence demonstrating that appellee breached its duty or failed satisfy its obligations under R.C (A)(4), and the res ipsa loquitur doctrine cannot be applied to situations where there is no evidence that appellee had exclusive control over instrumentality causing the injury COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v ANTHONY PARKER Melody J. Stewart, P.J., Colleen Conway Cooney, J., and Sean C. Gallagher, J., concur. KEY WORDS: Jury verdict was not against the manifest weight of

3 Court of Appeals, Eighth Appellate District Page: 3 of 5 (Case continued) the evidence ROCKY RIVER MUNI. C CRIMINAL MUNI. & CITY CITY OF ROCKY RIVER v DAVID GARNEK,DBA,DSD ENTERPRISES Colleen Conway Cooney, J., Mary J. Boyle, P.J., and Mary Eileen Kilbane, J., concur. KEY WORDS: Failure to obtain a permit; restitution; motion to vacate; motion to stay, reconsider, and modify; bootstrapping; nullity COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v MYRON LEMASTERS Larry A. Jones, Sr., J., Patricia Ann Blackmon, A.J., and Kathleen Ann Keough, J., concur. KEY WORDS: Motion to alter, amend or vacate void sentence; R.C (B)(1)/postrelease control; R.C (D)(1)/agreed sentence; presumed regularity; lack of transcript; res judicata COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO JAMES ROKAKIS, AS TREASURER v FAITH CHRISTIAN CENTER, ET AL. Colleen Conway Cooney, J., and Patricia Ann Blackmon, A.J., concur; Mary Eileen Kilbane, J., dissents. KEY WORDS: Lack of service defense; service on Secretary of State; due process; notice; Civ.R.60(B); void judgment COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO JAMES YOUNG, ADMINISTRATOR v CUY.CTY.BD. OF MENTAL RETARDATION,ET Larry A. Jones, Sr., J., Patricia Ann Blackmon, A.J., and James J. Sweeney, J., concur. KEY WORDS: Civ.R. 12(C)/ motion for judgment on the pleadings;

4 Court of Appeals, Eighth Appellate District Page: 4 of 5 (Case continued) R.C. Chapter 2744/immunity; negligent hiring and retention JUVENILE COURT DIVISION F CIVIL C.P.-JUV, DOM, PROBATE IN RE: J.B., ET AL. Melody J. Stewart, P.J., Larry A. Jones, Sr., J., and Kenneth A. Rocco, J., concur. KEY WORDS: Court did not err by granting agency s motion for permanent custody when uncontested evidence showed that the children could not be placed with the mother within a reasonable period of time due to her incarceration for child endangering and that granting permanent custody of the children would be in their best interest DOMESTIC RELATIONS F CIVIL C.P.-JUV, DOM, PROBATE MICHAEL F. SETTONNI v NANCY MARIE SETTONNI James J. Sweeney, P.J., Kenneth A. Rocco, J., and Eileen A. Gallagher, J., concur. KEY WORDS: The trial court did not abuse its discretion in denying appellant s motion for relief from judgment; the trial court did not abuse its discretion by failing to hold an evidentiary hearing to effectively rule on the motion for relief from judgment; appellant failed to satisfy his burden of showing operative facts that would entitle him to relief under Civ.R. 60(B) CLEVELAND MUNI. G CIVIL MUNI. & CITY FORTY-FOURTH PROPERTIES LLC v JACLYN P. DEMYAN Paricia Ann Blackmon, A.J., Larry A. Jones, Sr., J., and Sean C. Gallagher, J., concur. KEY WORDS: The trial court did not abuse its discretion by allowing the defendant leave to file an answer. Defendant appeared at the default hearing, was pro se, and filed the answer within five days after the answer should have been originally filed. The trial court did not err by not conducting a damages hearing prior to entering judgment. The appellant failed to allege a claim for damages in its complaint because it alleged damages may have occurred and never amended the complaint to indicate damages in fact occurred.

5 Court of Appeals, Eighth Appellate District Page: 5 of COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO RASHAD BALLARD v STATE OF OHIO Reversed and remanded. Kenneth A. Rocco, J., and Larry A. Jones, Sr., J., concur; Frank D. Celebrezze, Jr., P.J., dissents. (See attached dissenting opinion.) KEY WORDS: The trial court improperly granted summary judgment to the defendant state on plaintiff s complaint for a declaration that he was a wrongfully imprisoned person JUVENILE COURT DIVISION F CIVIL C.P.-JUV, DOM, PROBATE IN RE: J.B. Sean C. Gallagher, J., Patricia Ann Blackmon, A.J., and Kathleen Ann Keough, J., concur. KEY WORDS: permanent custody, R.C (D), R.C (E), factors, findings, best interest