Ohio Court of Appeals
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. 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. 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. 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. 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. Dominguez-Olivia - Speedy Trial and Due Process Rights
The Ohio Court of Appeals affirmed a defendant's convictions, ruling that his statutory and constitutional speedy trial rights, as well as his due process rights, were not violated. The court found sufficient evidence supported the convictions and that they were not against the manifest weight of the evidence.
State v. Giron - Motion to Suppress OVI
The Ohio Court of Appeals affirmed a trial court's decision in State v. Giron, denying a motion to suppress evidence in an OVI case. The court found reasonable suspicion for the traffic stop and probable cause for the arrest, and permitted an amendment to the OVI charge without prejudice to the defendant.
Finn v. Rutherford - Landlord-Tenant Dispute Affirmed
The Ohio Court of Appeals affirmed a trial court's judgment in Finn v. Rutherford, a landlord-tenant dispute. The appellate court found that the appellant failed to present objections to the magistrate's decision and did not file a transcript, preventing a review of the merits.
State v. Kynard - Criminal Sentencing Appeal
The Ohio Court of Appeals reversed a trial court's judgment regarding consecutive sentencing. The case is remanded for the limited purpose of providing post-release control notification to the defendant. The court found the original sentencing order improperly imposed a consecutive sentence to another unsentenced case.
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