OPINION WISE , J. { 1} Appellant J.J., a delinquent child, appeals the decision of the Licking County Court of Common Pleas, Juvenile Division, which found him delinquent by reason of felonious assault. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows. { 2} On or about October 11, 2015, Officer Zachary Kelemen of the Pataskala Police Department was dispatched to a residence in that city to investigate a reported assault. Medical personnel also...
OPINION TIMOTHY P. CANNON , J. { 1} Appellant, Christopher A. Kiehl, appeals from the February 4, 2015 judgment of the Portage County Court of Common Pleas, following a jury trial, convicting him on one count of reckless homicide with a firearm specification. On appeal, appellant alleges the trial court erred in failing to provide the jury with a requested instruction on self-defense. For the reasons stated below, we affirm the judgment of the trial court. Facts and Procedural History...
OPINION DIANE V. GRENDELL , J. { 1} Defendant-appellant, TaShawn Walker, appeals from the Judgment Entry of the Trumbull County Court of Common Pleas, denying his Motion to Withdraw Guilty Plea. The issue to be determined by this court is whether a post-sentence motion to withdraw a guilty plea is properly denied when the record does not show whether trial counsel's advice that a self-defense claim would "not be viable" was inaccurate or amounted to ineffective assistance of counsel. For...
OPINION HALL , J. { 1} Klint Kuck appeals his convictions for rape, sexual battery, and selling or furnishing beer or intoxicating liquor to an underage person. Finding no error, we affirm. I. Background { 2} Kuck was indicted on five charges for offenses against two 19-year-old women. Kuck owned the Backroads Bar in New Madison, Ohio. "Sara" 1 visited the bar one Friday night in July 2012. The State alleged that Kuck gave Sara alcohol (violating R.C. 4301.69(A), selling or...
OPINION WELBAUM , J. { 1} Defendant-appellant, Ryan K. Griffith, appeals from his conviction and sentence in the Montgomery County Court of Common Pleas after entering a plea of guilty to two counts of rape by force or threat of force and one count of gross sexual imposition of a minor under the age of 13. In support of his appeal, Griffith contends he received ineffective assistance of trial counsel due to his counsel's failure to conduct an investigation into his mental health and...
MOORE , Judge . { 1} The Defendant, Terry Yuschak, appeals from the judgment of the Medina County Court of Common Pleas. This Court affirms. I. { 2} In 2014, Mr. Yuschak arranged for his girlfriend's cousin, Mason Braun, to obtain drugs from Mr. Yuschak's daughter, Taryn Yuschak, in an attempt to arrange for a police bust of the drug deal so that Taryn could be arrested and treated for her drug addiction. After Mason contacted Taryn seeking drugs, Taryn contacted a man with whom she...
DECISION SADLER , J. { 1} Relator, Denzil Cook, commenced this original action requesting a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order exercising continuing jurisdiction over and vacating a June 5, 2015 order of a staff hearing officer ("SHO") and to direct the commission to issue an order awarding relator permanent total disability ("PTD") compensation. { 2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the Tenth District Court...
KLATT , J. { 1} Plaintiffs-appellants, Andrea Ochall, her husband Robert Ochall, and their two minor children, appeal from a judgment of the Franklin County Court of Common Pleas, granting the motions for summary judgment of defendants-appellees, Sharon and Mark McMillen, James Porter and his minor daughter, Jane Doe, and William and Elizabeth McNamer ("Liz"). For the reasons which follow, we affirm. I. FACTS AND PROCEDURAL HISTORY { 2} On May 23, 2014, appellants filed a complaint...
OPINION CUNNINGHAM , Presiding Judge . { 1} This appeal is taken from the order of the Hamilton County Court of Common Pleas awarding injunctive relief to plaintiff-appellee Albert W. Vontz III in an action involving a dispute among the shareholders of nominal defendant Dayton Heidelberg Distributing Co., an Ohio family-owned-and-operated close corporation ("Heidelberg"), Heidelberg's six-member board of directors, and its officers. { 2} Vontz is the owner of 50 percent of the voting...
DECISION AND JOURNAL ENTRY MOORE , Presiding Judge . { 1} The Defendant, Cody Foos, appeals from the judgment of the Akron Municipal Court. This Court affirms in part, vacates in part, and dismisses the appeal in part. I. { 2} In the early morning hours of July 3, 2015, Mr. Foos was driving with two passengers in the car, when he collided with a concrete barrier wall at a highway interchange. Officer David Hayes of the Akron Police Department cited Mr. Foos for OVI in violation of...
OPINION CYNTHIA WESTCOTT RICE , P.J. { 1} Juvenile-appellant, R.G., appeals her classification as a juvenile offender registrant following her true pleas and delinquency adjudication on two counts of gross sexual imposition in the Geauga County Court of Common Pleas, Juvenile Division. Appellant argues that R.C. 2152.83, which sets forth different classification standards depending on the age of the juvenile sex offender, violates equal protection. This court has previously held that R.C....
OPINION TIMOTHY P. CANNON , J. { 1} Appellant, T.M., a minor, appeals from an entry of the Geauga County Court of Common Pleas, Juvenile Division, classifying her as a Tier II juvenile sex offender and imposing 20-year registration requirements. For the reasons that follow, we affirm the trial court's judgment. { 2} On November 6, 2014, appellee, the state of Ohio, filed a complaint against T.M., alleging one count of rape, four counts of gross sexual imposition, and two counts of...
OPINION WAITE , Judge . { 1} Appellant Jason Ferguson appeals his March 13, 2015 sentencing entry from the Jefferson County Court of Common Pleas imposing two consecutive maximum prison sentences and a mandatory lifetime Class I Driver's License Suspension. This sentencing followed Appellant's guilty plea to two counts of failure to comply with an order or signal of a police officer, violations of R.C. 2921.331(B) & (C)(1) & (5)(a)(ii), felonies of the third degree, and a community...
OPINION SHAW , P.J. { 1} Defendant-appellant Samuel Nil Armah Aryee ("Aryee") appeals the June 14, 2016 judgment of the Tiffin-Fostoria Municipal Court overruling his motion to withdraw his no contest plea. Aryee assigns as error the trial court's finding that he was given the proper advisement pursuant to R.C. 2943.031(A) for a non-citizen upon entering his no contest plea. Facts and Procedural History { 2} Aryee is a citizen of Ghana, residing in the United States as a lawful...
OPINION BALDWIN , J. { 1} Appellant T.W. appeals a judgment of the Licking County Common Pleas Court, Juvenile Division, revoking his probation and sentencing him to a commitment of one year and six months to the Department of Youth Services (DYS). Appellee is the State of Ohio. STATEMENT OF THE FACTS AND CASE { 2} On October 26, 2015, a complaint was filed in the Licking County Common Pleas Court, Juvenile Division, alleging that appellant was delinquent by reason of eight counts of...
DECISION DORRIAN , P.J. { 1} Relator, Deborah Yuravak, has filed this original action requesting this court issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its orders 1 which denied her application for temporary total disability ("TTD") compensation, denied continuing jurisdiction, and refused appeal. Relator requests this court order the commission to find that she is entitled to TTD compensation. { 2} Pursuant to Civ.R. 53 and...
DECISION KLATT , J. { 1} Defendant-appellant, Leslie M. Taylor, Jr., appeals a judgment of the Franklin County Court of Common Pleas entered in favor of plaintiff-appellee, CitiMortgage, Inc. For the following reasons, we affirm that judgment. { 2} On January 16, 2003, Taylor executed a note promising to pay $98,400 to ABN AMRO Mortgage Group, Inc. ("ABN AMRO"). To secure the note, Taylor mortgaged the property located at 1720 Shady Lane Road. ABN AMRO recorded the mortgage with the...
JOURNAL ENTRY AND OPINION PATRICIA ANN BLACKMON , J. { 1} Harry Tharp, Jr. ("Tharp") pled guilty to two counts of corrupting another with drugs, a second-degree felony, and two counts of importuning, a fifth-degree felony. Subsequently, the court sentenced Tharp to four years in prison for each corrupting another with drugs count, to run consecutively, and one year in prison for each importuning count, to run concurrently, for an aggregate sentence of eight years in prison. { 2} On...
SEAN C. GALLAGHER , J. { 1} Defendants-appellants, Consolidated Rail Corporation ("Conrail") and American Premier Underwriters, Inc. ("APU"), appeal the trial court's decision that denied their motion for summary judgment against plaintiff-appellee Richard C. Arpin. Upon review, we affirm the decision of the trial court. ISSUES { 2} In this appeal, we are asked to decide (1) whether a release executed by Arpin in settlement of a previous nonmalignant asbestos-related claim is valid...
DECISION AND JOURNAL ENTRY DONNA J. CARR , Presiding Judge . { 1} Appellant, Jerrold Brinker, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms. I. { 2} This matter arises out of an incident that occurred while Jerrold Brinker was working for Frontier North, Inc. Brinker experienced pain in his right shoulder while taking down a ladder and transporting it to a Frontier van. Brinker filed a workers' compensation claim and Frontier initially certified...
