JOURNAL ENTRY AND OPINION EILEEN A. GALLAGHER , A.J. { 1} Defendant-appellant, Joseph Demeter, appeals from his conviction for grand theft in the Cuyahoga County Court of Common Pleas. Demeter's appointed appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and requested leave to withdraw as counsel. After a review of the record, we grant counsel's motion to withdraw and dismiss this appeal. { 2} In Anders, the...
DECISION AND JOURNAL ENTRY HENSAL , Judge . { 1} James Washington appeals his conviction for possession of drugs in the Lorain County Court of Common Pleas. For the following reasons, this Court affirms. I. { 2} When the United States Postal Service discovered a package that contained drugs, it contacted the Lorain Police Department to coordinate a controlled delivery. Mr. Washington received and signed for the package, which was addressed to "A. Lee[.]" He opened the package a few...
DECISION AND JUDGMENT ENTRY Harsha , J. { 1} A jury found Kayla Ann Fannon and Samuel A. Thompson guilty of two counts of endangering children and one count of permitting child abuse of their three-month old infant A.T.. The trial court sentenced them each to prison. { 2} In this consolidated appeal Fannon and Thompson raise a combined total of eight errors. We reject all of them. I. FACTS & PROCEDURAL HISTORY { 3} An Athens County Grand Jury initially indicted Fannon and Thompson...
JOURNAL ENTRY AND OPINION PATRICIA ANN BLACKMON , J. { 1} L.K.P. appeals from the trial court's denial of his motion to acquit and assigns the following error for our review: I. The trial court erred when it denied the Appellant's Rule 29 motion to acquit the Appellant of the charge of violation of a protection order. { 2} Having reviewed the record and pertinent law, we reverse the decision and remand back to the trial court. The apposite facts follow. { 3} On July 11, 2016, the...
DECISION AND JOURNAL ENTRY TEODOSIO , Judge . { 1} Defendant-Appellant, Terrence Robinson-Bey, appeals from his convictions in the Summit County Court of Common Pleas. This Court affirms. I. { 2} One afternoon, B.H. agreed to meet Mr. Robinson-Bey, her ex-boyfriend, at a store not far from her home. She walked to the store and, when Mr. Robinson-Bey arrived, she got into his car. The two rode around and conversed peaceably for some time. When Mr. Robinson-Bey began asking about B.H.'s...
OPINION THOMAS R. WRIGHT , P.J. { 1} Appellants, Donald and Kimberly Walters, appeal the trial court's decision overruling their objections and adopting the magistrate's decision in favor of appellees, Daniel and Melissa Goddard. We reverse and remand. { 2} The Walters had their home for sale in 2014 when the Goddards made an offer, which the Walters accepted. Issues arose following the home inspection, and the Goddards backed out of the agreement. The Walters filed suit for breach of...
JOURNAL ENTRY AND OPINION MARY EILEEN KILBANE , Presiding Judge . { 1} On June 22, 2018, the applicant, Deandre Gordon, applied to reopen this court's judgment in State v. Gordon, 8th Dist. Cuyahoga No. 103494, 2018-Ohio-1643, in which this court affirmed his convictions for aggravated robbery, felonious assault, and kidnapping. Gordon argues that his appellate counsel was ineffective for not arguing the following: (1) the trial court erred in not merging the three-year firearm...
DECISION BROWN , P.J. { 1} Brian Willms, defendant-appellant, appeals the judgment of the Franklin County Municipal Court in which the court continued his probation. { 2} On August 25, 2015, appellant was convicted of sale to and use by underage persons; securing public accommodations, which is a first-degree misdemeanor. The court sentenced him to 180 days of incarceration, which was suspended for a two-year period of community control on the condition he complete three speeches at...
DECISION BROWN , P.J. { 1} This is an appeal by plaintiff-appellant, Darrell Bresler, from decisions and entries of the Franklin County Court of Common Pleas denying appellant's motion for new trial and entering judgment in favor of defendants-appellees, Brent Rock, Daniel Taylor, and Samie Solomon (collectively "appellees"), on appellant's claim for age discrimination. { 2} On November 11, 2014, appellant filed a complaint, naming as defendants EveryWare Global, Inc., Anchor Hocking,...
OPINION EARLE WISE , J. { 1} Defendant-Appellant Lance A. Smith appeals the September 18, 2017 judgment of conviction and sentence of the Muskingum County Court. Plaintiff-Appellee is the state of Ohio. Facts and Procedural History { 2} Smith, of Franklin County, Ohio was involved in a relationship with Jane Doe for two years. Their relationship ended in August 2016. Doe worked at the Kent State University's (KSU) Tuscarawas campus as a library director, but lived in Muskingum...
OPINION DIANE V. GRENDELL , J. { 1} Plaintiffs-appellants, Teresa Jones, Kevin Jones, and Robert Lovejoy, appeal from the judgment of the Portage County Court of Common Pleas, ordering the payment of attorney's fees and other sanctions to defendant-appellee, Natural Essentials, Inc. The issues to be determined by this court are whether leaving a deposition because the notice did not state solely that it would be videotaped rather than stenographically recorded is sanctionable; whether...
JOURNAL ENTRY AND OPINION KATHLEEN ANN KEOUGH , J. { 1} Plaintiffs-appellants, Michael Ferrara, Sr., Louise Ferrara, Nicholas Ferrara, and Carmen Ferrara (collectively, the "Ferraras"), appeal the trial court's decision granting summary judgment in favor of defendants-appellees Joseph C. Schulte-Mahon-Murphy Funeral Homes Co. ("SMM"), Greenfield Crematory, Ltd. ("Greenfield"), and James Murphy ("Murphy") (collectively "appellees"). For the reasons that follow, we affirm. { 2} This...
JOURNAL ENTRY AND OPINION ANITA LASTER MAYS , J. { 1} Defendant-appellant Ma-Kia S. Jeffries ("Jeffries") appeals his conviction and asks this court to vacate his conviction and remand to the trial court for a retrial. We affirm. { 2} Jeffries was found guilty, after a bench trial, of one count of gross sexual imposition, a third-degree felony, in violation of R.C. 2907.05(A)(4); one count of gross sexual imposition, a fourth-degree felony, in violation of R.C. 2907.05(A)(1); and two...
OPINION HALL , J. { 1} Timothy R. Weirauch appeals from the trial court's entry denying his application to seal his criminal record pursuant to R.C. 2953.32. { 2} Weirauch advances two assignments of error. First, he contends the trial court erred in denying his application by failing to follow the requirements of R.C. 2953.32(C)(1). Second, he claims the trial court's denial of his application constituted an abuse of discretion. { 3} The record reflects that Weirauch was...
OPINION TIMOTHY P. CANNON , J. { 1} Appellant, Marque Daquan Brown, appeals from the judgment entry of resentence issued by the Ashtabula County Court of Common Pleas on March 15, 2018, sentencing appellant to two consecutive eleven-year prison sentences on two counts of involuntary manslaughter. The trial court's judgment is affirmed. { 2} This case stems from an altercation that occurred between appellant and his girlfriend, Taisha Ramirez, on or about May 25, 2014. On that date,...
DECISION AND JOURNAL ENTRY SCHAFER , Presiding Judge . { 1} Defendant-Appellant, Viktor Mukha, appeals his conviction in the Wayne County Municipal Court for failure to control a motor vehicle. For the reasons that follow, we affirm. I. { 1} On January 31, 2018, Trooper Jeremy Parks was dispatched to the scene of a single-vehicle collision involving a commercial semi-truck and trailer (the "vehicle") on State Route 85 in Green Township, Ohio. At the scene, Trooper Parks identified Mr....
JOURNAL ENTRY AND OPINION KATHLEEN ANN KEOUGH , J. { 1} Defendants-appellants, Woods Cove III, L.L.C. ("Woods Cove"), Lakeside REO Ventures, L.L.C. ("Lakeside"), and Davenport Financial, L.L.C. ("Davenport") (collectively "appellants"), appeal the trial court's decision denying their motion to compel arbitration. For the reasons that follow, we affirm. { 2} On June 2, 2015, in Cuyahoga C.P. No. CV-15-846446, Woods Cove initiated a tax certificate foreclosure against real property owned...
JOURNAL ENTRY AND OPINION EILEEN A. GALLAGHER , A.J. : { 1} Defendant-appellant Arvella Mills appeals from the decision of the Cleveland Municipal Court granting summary judgment in favor of plaintiff-appellee Cleveland Central Catholic High School ("Cleveland Central Catholic" or the "school") on its claims for the provision of necessaries under R.C. 3103.03(D) and unjust enrichment based on Mills' alleged failure to pay the balance due for her daughter's tuition at Cleveland Central...
JOURNAL ENTRY AND OPINION MARY EILEEN KILBANE , P.J. { 1} Relator, the city of Cleveland ("Cleveland"), seeks a writ of mandamus directing respondent judge to proceed with a hearing mandated by this court as directed in Westlake v. Cleveland, 8th Dist. Cuyahoga No. 104282, 2017-Ohio-4064 (" Westlake I "). We grant a writ of mandamus and direct respondent to hold a hearing to determine what constitutes reasonable notice as directed by this court in the aforementioned appeal. { 2} The...
JOURNAL ENTRY AND OPINION LARRY A. JONES, SR. , J. { 1} Intervenor-appellant, CTIA — The Wireless Association ("CTIA"), appeals the trial court's denial of its motion to intervene in the underlying case. For the reasons that follow, we dismiss this appeal as untimely filed. { 2} On March 20, 2017, the city of Cleveland filed suit against defendant-appellee state of Ohio bringing several constitutional challenges against Senate Bill 331 (S.B. 331), which went into effect March 21, 2017....
