Recent changes
American Express Natl. Bank v. Jenkins - Civ.R. 60(B) Relief Denial
The Ohio Court of Appeals denied a motion for relief from judgment under Civ.R. 60(B) based on standing grounds. The court found that the original credit card issuer demonstrated standing and that the debtor's challenge constituted an improper collateral attack on the judgment.
State v. Bingle - Theft and Attempted Extortion Convictions Upheld
The Ohio Court of Appeals upheld the theft and attempted extortion convictions of Ryan T. Bingle. The court ruled that the offenses were not allied offenses of similar import, affirming the trial court's decision. The case involved threats made to establish ongoing coerced property surrender.
State v. Runyon - Sentencing Notification Error
The Ohio Court of Appeals found reversible error in the sentencing notification provided to the defendant in State v. Runyon. The court remanded the case for resentencing specifically to provide the defendant with mandatory statutory notifications regarding the indefinite nature of his sentence.
State v. Upkins - Drug Possession and Fair Trial Appeal
The Ohio Court of Appeals affirmed a defendant's drug possession convictions in State v. Upkins. The court found the convictions were not against the manifest weight of the evidence and that any prosecutorial misconduct did not constitute plain error. The defendant also failed to demonstrate ineffective assistance of counsel.
State v. Burch - Aggravated Arson Sentence Affirmed
The Ohio Court of Appeals affirmed the convictions and aggravated arson sentence of Michael Troy Burch. The court held that the trial court was not required to advise the defendant on potential sentence mergers and that the aggravated arson charges did not merge due to the risk to multiple victims. The amended sentencing order was deemed a permissible correction of a typographical error.
State v. Myers - Consecutive Sentences Upheld
The Ohio Court of Appeals upheld consecutive sentences imposed on Cory Thomas Myers, finding the trial court made the necessary findings under R.C. 2929.14(C)(4). The decision affirms the trial court's sentencing in two consolidated cases involving charges of gross sexual imposition, endangering children, and disseminating matter harmful to juveniles.
State v. Griffis - Ohio Court of Appeals Opinion
The Ohio Court of Appeals, Twelfth Appellate District, has issued a decision in State v. Griffis. The court granted the motion of appellant's counsel to withdraw and dismissed the appeal as wholly frivolous, finding no prejudicial error in the trial court proceedings.
Anderson v. Bonnema - Ohio Court of Appeals Opinion
The Ohio Court of Appeals reversed and remanded a lower court's decision in Anderson v. Bonnema. The appellate court found that the trial court erred in dismissing the case with prejudice based on res judicata. The case involves a pro se appellant challenging the dismissal of his complaint.
State v. Nikolai Chea - Interlocutory Application Dismissed
The Georgia Court of Appeals dismissed the State's interlocutory application to appeal an order suppressing identification evidence against Nikolai Chea. The dismissal was due to the State's failure to meet statutory requirements for such appeals, including timely filing and certification.
Martin Canty v. State - Case Dismissed
The Court of Appeals of Georgia dismissed the appeal of Martin Canty, who was convicted in 2008 of aggravated sexual battery and child molestation. The dismissal was due to the appellant failing to file a brief and enumeration of errors after his sentence was amended.
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