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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Gue v. Girardi 106269Modification of child support obligation; abuse of discretion; gross income; overtime earnings; social security wages; plain error; downward deviation. Trial court did not abuse its discretion in including all of father’s overtime earnings in gross income when calculating parents’ child support obligations where father offered no testimony or other evidence explaining what portion of his earnings constituted overtime. Trial court did not commit plain error in using the amounts listed as social security wages on the parties’ W-2 forms in calculating the parties’ child support obligations. Trial court did not abuse its discretion in awarding mother a downward deviation for transportation costs associated with her exercise of her parenting time. Trial court did not place an unequal value on mother’s volunteer services and did not abuse its discretion in failing to order mother to pay additional child support based on father’s contributions toward the children’s school fees and expenses.GallagherCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3788
State v. Gilbert 106358Motion for a new trial, Crim.R. 33, Crim.R. 43, right to counsel, witness recantation. The trial court did not violate the defendant’s Sixth Amendment and due process rights when it removed him from the courtroom during the hearing on his motion for a new trial. The trial court did not err when it denied the defendant’s motion for a new trial.BoyleCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3789
In re J.P. 106422Termination of parental rights; permanent custody; clear and convincing evidence; best interest of the child; chronic intellectual disability. Termination of parental rights and permanent custody of three children to the agency affirmed. Mother’s chronic developmental disabilities limit her ability to parent adequately, as evidenced by her poor decision-making and lack of judgment as related to the best interests of the children.BlackmonCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3790
State v. Scott 106451 & 106474Sufficiency; firearm; manifest weight; serious physical harm; attempt; knowingly; allied offenses; merger; having weapons while under disability; discharge of a firearm on or near a prohibited premises; felonious assault; improperly discharging a firearm into a habitation. Defendant’s felonious assault conviction is supported by sufficient evidence and is not against the manifest weight of the evidence. The trial court did not error by failing to merge appellant’s convictions for the purposes of sentencing.GallagherCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3791
State v. Williams 106484Hearsay testimony; Crim.R. 29; sufficiency; manifest weight. The trial court issued a curative instruction to the jury pertaining to the detective’s hearsay testimony and appellant failed to show that his substantial rights were affected. The trial court did not err by denying appellant’s request for a mistrial. The video evidence presented was sufficient to sustain the element of prior calculation and design; appellant’s conviction was not against the manifest weight of the evidence.JonesCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3792
State v. Crosby 106504Aggravated murder; R.C. 2903.01(B); complicity; sufficiency of the evidence; jury instruction; flight; jurisdiction to review sentences. Sufficient evidence supported the conviction for complicity to commit aggravated murder under R.C. 2903.01(B), and therefore, the jury instruction on complicity was warranted and there is no appellate jurisdiction to review the sentences imposed under R.C. 2953.08(D)(4). In addition, the trial court did not err in instructing the jury on flight in light of the facts and the form of the instruction.GallagherCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3793
In re D.S. 106557Legal custody; best interest of the child; reasonable efforts; reunification; manifest weight. Mother failed to substantially comply with the case plan for reunification that included referrals to address Mother’s parenting skills, anger management, substance abuse, and mental health. The agency made reasonable efforts to eliminate the reasons why the child was removed from Mother’s custody. The trial court’s award of legal custody to a family member was not against the manifest weight of the evidence and was in the best interest of the child.JonesCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3794
Skiver v. Wilson 106560Default judgment; Civ.R. 54(C); Civ.R. 55(A); hearing on damages. The trial court did not abuse its discretion in holding a hearing on damages on a default judgment where there was no written agreement reflecting the duration of the agreement, payment terms, or the extent of the services provided, nor was there an itemization of hours worked. The trial court’s award of damages was not against the manifest weight of the evidence.McCormackCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3795
Bakhtiar v. Saghafi 106587Res judicata; personal jurisdiction; divorce; guardian and ward. The trial court properly denied appellant’s motion to declare final divorce decree void for lack of personal jurisdiction over appellee, due to guardianship; claim was barred by res judicata.BlackmonCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3796
State v. Henderson 106627R.C. 2903.11(A)(2), felonious assault, criminal damaging or endangering, R.C. 2909.06(A)(1), domestic violence, R.C. 2929.25(A), manifest weight of the evidence, right to confrontation and cross examination, ineffective assistance of counsel. The trial court did not violate the defendant’s right to confrontation and cross examination because it permitted defense counsel to question the victim extensively about her relationship with her girlfriend and her license to carry and conceal a weapon. The defendant’s convictions were not against the manifest weight of the evidence because the evidence established that the defendant fired a gun at least six times in the direction of the victim. The defendant did not establish that his counsel’s performance was deficient for failing to call other witnesses and for failing to argue that the victim may have committed the crimes instead of him.BoyleCuyahoga 9/20/2018 9/20/2018 2018-Ohio-3797