DECISION AND JUDGMENT ENTRY HESS , J. { 1} After a jury found Tyarria D. Howard guilty of felonious assault, the court sentenced her to a four-year prison term and ordered restitution to the victim. Howard contends that she was denied the right to effective assistance of counsel because her attorney did not properly present impeachment evidence showing bias of one of the witnesses, failed to submit proper jury instructions on self-defense, acted unprofessionally throughout the trial, and...
OPINION EARLE WISE , J. { 1} Plaintiff-Appellant, Pahoundis Family Group, Ltd., appeals the January 23, 2019 journal entry and the February 4, 2019 judgment entry on verdict form and interrogatories of the Court of Common Pleas of Holmes County, Ohio, accepting a jury's verdict and entering judgment for Defendants-Appellees, Jerry Schonauer and Sweet Breeze Farms & Excavating, LLC. FACTS AND PROCEDURAL HISTORY { 2} Appellant is a real estate group that owns real property in Holmes...
OPINION MOCK , Presiding Judge . { 1} This is an original action in which the relator, New Prospect Baptist Church ("New Prospect"), a local religious organization, seeks writs of prohibition and mandamus involving respondent, the Hon. Robert P. Ruehlman, a judge of the Hamilton County Court of Common Pleas. { 2} New Prospect seeks to prevent respondent from enforcing an August 16, 2018 permanent injunction issued under Civ.R. 65, in a nuisance action brought against the city of...
JOURNAL ENTRY AND OPINION MARY EILEEN KILBANE , A.J. { 1} In this delayed appeal, defendant-appellant, Bentley Axson ("Axson"), appeals from the trial court's denial of his motion for resentencing. For the reasons set forth below, we affirm. { 2} In March 2005, Axson was charged with rape, kidnapping, and aggravated robbery. Axson was incarcerated at the time he was indicted with these charges. As a result of his prior convictions, his DNA was entered into the state's DNA database....
JOURNAL ENTRY AND OPINION PATRICIA ANN BLACKMON , Judge . { 1} S.L.H. ("Father") appeals the trial court's November 19, 2018 journal entry increasing his child support arrearage to $27,480 for his daughter M.L.H. Father raises four assigned errors for our review: I. The trial court abused its discretion when it ruled that Father's child support arrearage totaled $27,480.00 because the court already issued a final order that established the arrearage amount at $14,827.67 after the child'...
OPINION WISE , J. { 1} Plaintiff-Appellant State of Ohio appeals the April 30, 2019, amendment to the indictment by the Richland County Court of Common Pleas. Facts and Procedural History { 2} The relevant facts and procedural history are as follows: { 3} On May 21, 2018, Appellee Robert Faulkner was indicted with a two-count indictment. Both Counts charged Appellee with Aggravated Possession of Drugs, felonies of the fifth-degree, in violation of R.C. 2925.11(A) and (C)(1)(a). {...
DECISION AND JUDGMENT OSOWIK , J. { 1} This is an accelerated appeal from a judgment of the Sandusky County Court of Common Pleas which dismissed the appeal from an administrative decision for lack of subject-matter jurisdiction. For the reasons set forth below, this court affirms the judgment of the trial court. { 2} The following facts are relevant to this appeal. On February 12, 2018, petitioner-appellee, Ohio Department of Job and Family Services (ODJFS), notified respondent-...
DECISION NELSON , J. { 1} The Industrial Commission of Ohio is entitled to conclude that a company employee —a payroll clerk, no less—who submits false time sheets and is released from employment pursuant to established policy has voluntarily abandoned her job and is not eligible for continued temporary total disability status. And because the claimant here has made no argument to us that an employer's attempt to resolve issues with such employee through potential (mis)use of another...
JOURNAL ENTRY AND OPINION MICHELLE J. SHEEHAN , J. : { 1} Mayfran International Incorporated ("Mayfran" hereafter) appeals from the trial court's judgment granting the motion to dismiss for lack of personal jurisdiction filed by Eco-Modity, L.L.C., d.b.a. Blue Marble Material, ("Blue Marble" hereafter). Mayfran raises the following assignment of error for our review: 1. The trial court erred in dismissing this case for lack of personal jurisdiction holding that exercising jurisdiction...
DECISION AND JUDGMENT ENTRY MATTHEW W. McFARLAND , J. { 1} Lloyd Hammond appeals from his convictions of one count of child endangerment and three counts of rape following a three-day jury trial. On appeal, Appellant contends: 1) the trial court erred in overruling his motion to compel Adena Regional Medical Center to release certain medical records without conducting a hearing or an in-camera review; 2) the trial court erred when it permitted B.H. and K.H., the minor victims of the...
DECISION AND JUDGMENT ENTRY MATTHEW W. McFARLAND , J. { 1} Appellant, the children's biological mother, appeals the trial court's judgment that awarded Appellee, South Central Ohio Job and Family Services, permanent custody of two-year-old K.M. and three-year-old K.M., IV. Appellant raises two assignments of error. First, Appellant contends that the trial court erred by granting Appellee permanent custody of the children because Appellee failed to use reasonable efforts to reunify the...
DECISION McGRATH , J. { 1} Plaintiff-appellant, Harry Bernard, appeals from a judgment of the Franklin County Court of Common Pleas granting the summary judgment motion of defendant-appellee, Michael A. Wodarcyk, M.D., finding the statute of limitations had expired. For the following reasons, we affirm the trial court's judgment. I. Facts and Procedural History { 2} In February 2016, appellant sought treatment from appellee for a urological condition, which resulted in appellee...
DECISION AND JUDGMENT ENTRY HESS , J. { 1} Robert D. Smith pleaded guilty to theft from a person in a protected class. After accepting the plea, the court convicted him and imposed a sentence. Smith contends that his guilty plea was not entered knowingly, intelligently and voluntarily because the trial court did not explain to him that if he had paid only a nominal amount towards restitution, rather than a substantial amount, the trial court would have granted his request for...
OPINION TUCKER , J. { 1} Defendant-appellant, Ely Ray Serna, appeals from his convictions for one count of attempted murder, a first degree felony pursuant to R.C. 2903.02(A) and 2923.02, along with a firearm specification under R.C. 2941.145(A); one count of felonious assault, a second degree felony pursuant to R.C. 2903.11(A)(2) and (D)(1)(a); and one count of inducing panic, a fourth degree felony pursuant to R.C. 2917.31(A)(3) and (C)(3). Serna, who pleaded guilty in lieu of a...
OPINION BALDWIN , J. { 1} Defendant-appellant Village of Johnstown Planning and Zoning Commission ("the Commission") appeals from the March 6, 2019 Judgment Entry of the Licking County Court of Common Pleas. STATEMENT OF THE FACTS AND CASE { 2} Appellees are Andrew Lee Rice, Mary Neda Ann Shaub, Charles L. Parker and Marilyn J. Parker, as Co-Trustees of the Parker Family Trust, and Wilcox Communities, LLC (collectively, "appellees"). Appellees identified a vacant property in Monroe...
DECISION BRUNNER , J. { 1} Relator, the Cincinnati Enquirer, a division of Gannett GP Media, Inc., ("Cincinnati Enquirer") filed this original action requesting a writ of mandamus ordering respondent, Ohio Department of Commerce, Division of State Fire Marshal ("fire marshal"), to comply with the Cincinnati Enquirer's public records request under R.C. 149.43 and seeks reasonable attorney fees and court costs under R.C. 149.43(C). The record at issue is the "Fire and Explosion...
OPINION MATT LYNCH , J. { 1} Defendant-appellant, Jan Howard Goldberg, appeals the April 26, 2019 In Rem Judgment Entry and Decree in Foreclosure, issued by the Geauga County Court of Common Pleas in favor of plaintiff-appellee, the Bank of New York. For the following reasons, we reverse the Judgment of the lower court and remand for further proceedings consistent with this Opinion. { 2} On November 28, 2018, the Bank of New York filed a Complaint for Foreclosure with Count for...
OPINION AND JUDGMENT ENTRY Robb , J . { 1} Respondent Office of the Jefferson County Prosecutor's Office appeals the decision of the Court of Claims ordering it to permit Requester Andrew Welsh-Huggins to inspect and receive copies of the August 21, 2017 video recording of Nate Richmond shooting the Honorable Judge Bruzzese outside the Jefferson County Common Pleas Courthouse. The video footage is from a Jefferson County Common Pleas Courthouse exterior security camera. Respondent asserts...
DECISION BROWN , J. { 1} This is an appeal by plaintiff-appellant, David A. Jelinek, from a final judgment entered by the Franklin County Court of Common Pleas following a jury verdict in favor or defendant-appellee, Abbott Laboratories, Ross Products Division ("Abbott"), on appellant's claim for age discrimination. { 2} This matter has a lengthy procedural history. On September 10, 1999, appellant refiled a complaint in the common pleas court against Abbott, Joy A. Amundson, Thomas...
JOURNAL ENTRY AND OPINION MICHELLE J. SHEEHAN , J. { 1} On September 6, 2019, the petitioner, Frank Q. Jackson, commenced this habeas corpus petition against the respondent, the Cuyahoga County Court of Common Pleas, to obtain Jackson's release from unlawful imprisonment. He alleges that there was an intentional delay in seeking his arrest from the issuance of his indictment, so that there would be no arraignment for four days and he would be unlawfully imprisoned without bail for those...
