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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Bizzell 27676The trial court did not err in overruling Appellant's motions to suppress, since Appellant's traffic stop was constitutionally valid based upon Appellant's failing to signal a right hand turn within 100 feet prior to turning; Appellant, whose license was suspended, then advised the officer in the course of the stop that a firearm was under the driver's seat. Judgment affirmed.DonovanMontgomery 12/8/2017 12/8/2017 2017-Ohio-8902
State v. Bolton 27463The trial court did not err in vacating its prior decision ordering the release of seized firearms and ammunition to Appellant. Appellant was under a weapons disability pursuant to R.C. 2923.13(A)(2) and was therefore prohibited from knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance. The trial court also did not err in failing to release the property to Appellant's adult son so that Bolton could facilitate a sale of the property, as such an arrangement provides Bolton with constructive possession of the property in violation of R.C. 2923.13(A)(2). The trial court did, however, err in ordering Bolton's property to be disposed of "in accordance with the applicable statute," as such an order treats Bolton's property as if it were forfeited when no criminal or civil forfeiture proceedings were ever instituted by the State. Affirmed in part, reversed in part, and remanded for further proceedings.WelbaumMontgomery 12/8/2017 12/8/2017 2017-Ohio-8903
State v. Carmichael 2017-CA-1We find no arguable merit to this appeal under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant was convicted of Domestic Violence and Abduction after four independent eyewitnesses and two police officers testified about the offenses. Despite the victim's denials, the evidence overwhelmingly supports the verdicts. Based on appellant's four separate prior felonies of violence, and their prison terms, two three year consecutive sentences are not clearly and convincingly unsupported by the record or contrary to law. There are no non-frivolous issues supporting a potential assignment of error of arguable merit. Judgment affirmed.HallClark 12/8/2017 12/8/2017 2017-Ohio-8904
State v. Carpenter 2016-CA-66Based upon the Ohio Supreme Court's holding in State v. Aalim, 150 Ohio St.3d 489, 2017-Ohio-2956, 83 N.E.3d 883 ("Aalim II"), Ohio's mandatory bindover statutes are constitutional and do not violate due process or equal protection. Therefore, appellant's constitutional rights were not violated when he was prosecuted as an adult even though he committed the charged offenses as a juvenile. The State adduced sufficient evidence to support appellant's rape convictions. Appellant's rape convictions were not against the manifest weight of the evidence. Judgment affirmed.DonovanClark 12/8/2017 12/8/2017 2017-Ohio-8905
State v. Gaines 2017-CA-67In the State's appeal from the granting of defendant's motion to dismiss, the trial court erred in dismissing the indictment where the issues raised in the motion to dismiss concerned the general issue at trial, i.e., whether defendant obstructed official business. Judgment reversed and case remanded for further proceedings.FroelichClark 12/8/2017 12/8/2017 2017-Ohio-8906
State v. Gipp 27635The appellant's domestic-violence conviction is supported by legally sufficient evidence and is not against the manifest weight of the evidence. The trial court did not abuse its discretion in allowing the prosecutor to treat the complainant as a hostile witness. Judgment affirmed.HallMontgomery 12/8/2017 12/8/2017 2017-Ohio-8907
State v. Herron 27378The trial court did not err in overruling the appellant's motion to dismiss a charge against him for having a weapon while under disability. The use of a prior juvenile adjudication to support a count of having a weapon while under disability does not violate a defendant's due process rights. State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, distinguished. Judgment affirmed. (Donovan, J., dissenting).HallMontgomery 12/8/2017 12/8/2017 2017-Ohio-8908
State v. Johnson 27574The traffic stop of Defendant-appellant was supported by a reasonable suspicion that he was driving at a speed in excess of the posted speed limit. The officer did not prolong the stop beyond the time reasonably required to complete the mission of issuing a traffic citation. Further, Defendant-appellant validly consented to the search of his vehicle. Finally, the trial court appropriately limited the suppression of Johnson's statements to those made after he was handcuffed and secured in a police cruiser. Judgment affirmed.TuckerMontgomery 12/8/2017 12/8/2017 2017-Ohio-8909
State v. King 27432Anders appeal. The appellant's aggravated menacing conviction is supported by legally sufficient evidence and is not against the manifest weight of the evidence. In addition, filing a motion to suppress would have been frivolous under the facts of this case. No non-frivolous issues for appellate review. Judgment affirmed.HallMontgomery 12/8/2017 12/8/2017 2017-Ohio-8910
State v. Mpanurwa 27357Defendant-appellant's conviction for felonious assault, serious physical harm is supported by sufficient evidence. The trial court did not err in its decision not to merge the rape and felonious assault counts. Finally, the trial court, turning to the State's cross-appeal, did not err in its decision to merge the rape and kidnapping counts. Judgment affirmed.TuckerMontgomery 12/8/2017 12/8/2017 2017-Ohio-8911