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May 28, 2010
MEDIATION REFERRAL... The following case has been referred to mediation pursuant to S.Ct.Prac.R. 17.1...
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May 28, 2010
MEDIATION REFERRAL... The following case has been referred to mediation pursuant to S.Ct.Prac.R. 17.1...
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May 28, 2010
MEDIATION REFERRAL... The following case has been referred to mediation pursuant to S.Ct.Prac.R. 17.1...
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May 28, 2010
MEDIATION REFERRAL... The following case has been returned to the regular docket pursuant to S.Ct.Prac.R. 17.1(E)...
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May 28, 2010
{¶1} Defendant-appellant Board of Education of St. Bernard-Elmwood Place City School District ("the Board") appeals the trial court's judgment reversing the decision of the Board to terminate plaintiff-appellee Rick Stalder and awarding damages, including attorney fees. For the following reasons, we affirm the trial court's judgment reversing the Board's decision to terminate Stalder, but reverse the award of attorney fees and damages other than lost wages and retirement...
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May 28, 2010
{¶1} Defendant-appellant, Christopher Lukacs, appeals convictions for three counts of rape under R.C. 2907.02(A)(1)(b), one count of rape under R.C. 2907.02(A)(2), one count of felonious assault under R.C. 2903.11(A)(1), and one count of failure to verify his address under R.C. 2950.06. We find no merit in his thirteen assignments of error, and we affirm his convictions... I. Confrontation and Hearsay... {¶2} In his first and second assignments of error, Lukacs contends that the trial...
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May 28, 2010
{¶1} Defendant-appellant Robert Dockery pleaded guilty to trafficking in cocaine in the cases numbered B-0709125 and B-0710693. According to the journal entry of June 13, 2008, the trial court sentenced him to community control for these offenses and warned Dockery that he would receive 18 months in prison for each offense if he violated the terms of his community control. These terms included general and special conditions, such as neighborhood direct supervision, obtaining and...
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May 28, 2010
{¶1} A jury found defendant-appellant Jaydee Thompson guilty of two counts of aggravated murder,1 four counts of murder,2 two counts of felonious assault,3 three counts of aggravated robbery,4 having a weapon while under a disability,5 and the gun specifications that accompanied all but the last count. He was convicted accordingly. In three assignments of error, Thompson now contends that the trial court erred in allowing the prosecutor, in his closing argument, to improperly vouch for the...
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May 28, 2010
I. Statement of Facts and Procedural Posture... {¶1} On the afternoon of December 5, 2008, the Cincinnati Police Department's Mid-level Drug Unit, in conjunction with the department's SWAT Unit, executed a search warrant at 1308 William Howard Taft Road, within the East Walnut Hills section of the city of Cincinnati. The building at that location was a bi-level house that was being used as an apartment complex. Law enforcement authorities arrived at the scene, announced their presence, and...
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May 28, 2010
{¶ 1} Appellant, Director of the Ohio Department of Job and Family Services ("ODJFS"), appeals the judgment of the Fulton County Court of Common Pleas in an... ... ... administrative appeal from a decision of the Ohio Unemployment Compensation Review Commission ("UCRC"). For the reasons that follow, we reverse the lower court's judgment... {¶ 2} The facts appellant relies upon were developed at the April 24, 2008 UCRC hearing and are as follows. Claimant Eric Balazs...
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May 28, 2010
{¶ 1} Appellant, Cordney Middlebrooks, appeals from a jury verdict in the Lucas County Court of Common Pleas finding him guilty of rape in violation of R.C. 2907.02(A)(2) and (B). For the reasons that follow, we affirm... ... ... {¶ 2} Appellant was indicted for rape on February 19, 2008. A jury trial commenced on June 9, 2008. T. Harris testified that she is the aunt of the victim in this case. On February 8, 2008, the victim called Harris. She was crying and she told her aunt she...
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May 28, 2010
{¶ 1} This is an appeal from a sentence imposed by the Lucas County Court of Common Pleas. Pursuant to 6th Dist.Loc.App.R. 12(A), this cause assigned to this court's accelerated calendar... ... ... {¶ 2} On December 19, 2008, appellant, Terrance Simmons, entered a plea of no contest to one count of kidnapping in violation of R.C. 2905.01(A) and (C), a felony of the first degree, and to one count of attempted rape in violation of R.C. 2923.02 and 2907.01(A)(2) and (B). He was found...
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May 28, 2010
{¶ 1} Appellant, James Krug, appeals from the judgment of the Lucas County Court of Common Pleas finding him guilty of one count of passing bad checks. For the reasons set forth below, we affirm... ... ... {¶ 2} Appellant was indicted on October 16, 2007, on one count of passing bad checks, a violation of R.C. 2913.11 (B) and (F). On August 27, 2009, appellant plead guilty pursuant to North Carolina v. Alford (1970), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, to the indictment of...
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May 28, 2010
{¶ 1} This is an appeal from a judgment of the Lucas County Court of Common Pleas that granted summary judgment in favor of appellee and against appellant. For the reasons that follow, the judgment of the trial court is affirmed... {¶ 2} Appellant sets forth the following assignments of error:... ... ... {¶ 3} "Assignment of Error No. 1:... {¶ 4} "The trial court erred by granting summary judgment... {¶ 5} "Assignment of Error No. 2:... {¶ 6} "The...
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May 28, 2010
{¶1} Appellant, John Allen, appeals a judgment of conviction for burglary and theft following a resentencing hearing to correct the mandatory notice of postrelease control. Appellant was sentenced by the Sandusky County Court of Common Pleas to... ... ... the aggregate of six years of incarceration. He raises three assignments of error. For the reasons that follow, we affirm the judgment of the trial court... I. PROCEDURAL BACKGROUND... {¶2} On April 16, 2009, appellant appealed his...
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May 28, 2010
{¶ 1} Appellant, Paul D. Birdsall, appeals from a decision of the Williams County Court of Common Pleas denying his motion to suppress evidence. For the reasons that follow, we affirm... ... ... {¶ 2} On February 25, 2009, appellant was indicted on one count of illegally manufacturing drugs, a violation of R.C. 2925.04(A) and a felony of the second degree. Appellant entered a plea of not guilty. On May 15, 2009, he filed a motion to suppress. A suppression hearing commenced on May 26,...
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May 28, 2010
{¶ 1} This appeal is from a judgment issued by the Williams County Court of Common Pleas following a jury verdict which found appellant guilty of kidnapping and two counts of rape. Because we conclude that appellant cannot establish error based upon ineffective assistance of trial counsel, we affirm... ... ... {¶ 2} Appellant, Ronnie L. Clark, was indicted on the following offenses: two counts of rape, in violation of R.C. 2907.02(A)(2) and one count of kidnapping, in violation of...
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May 28, 2010
{¶ 1} Appellant, Michael Frazier, appeals a judgment of conviction for cocaine possession and cocaine trafficking, with major drug offender specifications, entered on a guilty plea in the Lucas County Court of Common Pleas... ... ... {¶ 2} Appellant's appointed counsel has requested leave to withdraw in accordance with the procedure set forth in Anders v. California (1967), 386 U.S. 738... {¶ 3} In Anders the United States Supreme Court held that if counsel, after a conscientious...
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May 28, 2010
{¶ 1} This is an appeal from a judgment of the Sandusky County Court of Common Pleas that found appellant guilty of one count of trafficking in cocaine. For the reasons that follow, the judgment of the trial court is affirmed in part and reversed in part... ... ... {¶ 2} On January 8, 2009, appellant was indicted on one count of trafficking in cocaine in violation of R.C. 2925.03(A)(1) and (C)(4)(a), a felony of the fifth degree. Appellant entered a plea of not guilty and the matter...
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May 28, 2010
{¶ 1} Defendant-appellant Evelio A. Sanchez appeals from his conviction and sentence, following a no-contest plea, for failure to comply with sex offender registration requirements, in violation of R.C. 2950.05(F). Sanchez contends that the trial court erred when it overruled his motion to dismiss the charge against him on speedy-trial grounds, under R.C. 2945.71, et seq... ... ... {¶ 2} The State contends that the statutory speedy-trial time in this case was extended by reason of...
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