Court Filings

The Ohio Supreme Court affirmed the court of appeals’ decision that sufficient evidence supported a juvenile delinquency adjudication for rape. A 14-year-old (Paul) was adjudicated for one count of rape for engaging in anal intercourse with a 15-year-old resident (Charles) at a youth home. Witness testimony described Paul holding Charles by the waist and thrusting while Charles said he did not want to comply and tried to get Paul to stop. The court applied the same sufficiency standard used in adult criminal cases and concluded a rational factfinder could find Paul used force to compel submission.

The Ohio Court of Appeals (Eighth District) affirmed David Spivey’s convictions for two counts of murder and related felonious-assault and firearm specifications arising from the July 30, 2020 killings of brothers Dominique and Delvont’e King. After a second jury trial, Spivey was convicted and sentenced to 15 years to life plus six years of consecutive firearm time (parole eligibility after 21 years). On appeal he challenged multiple evidentiary rulings, the weight of the evidence, juror bias, and claims of ineffective assistance of trial counsel. The court rejected each argument, finding no plain error or prejudice and concluding counsel’s performance was not deficient.

The Ohio Eighth District Court of Appeals affirmed De’Ane Peterson’s convictions and 120-month aggregate prison sentence after he pleaded guilty in three Cuyahoga County cases (2023, 2024, 2025). The court found the trial judge complied with Crim.R. 11 and that Peterson’s guilty pleas were knowing, intelligent, and voluntary. The court rejected claims of ineffective assistance of counsel because Peterson did not show his plea was caused by counsel’s conduct. The court also found the record supported the trial court’s consecutive-sentencing findings under R.C. 2929.14(C)(4).

The Ohio Court of Appeals for Cuyahoga County affirmed the trial court’s denial of Airik Kahlead Jordan’s presentence motion to withdraw his guilty pleas. Jordan had pleaded guilty as part of a plea agreement to involuntary manslaughter, kidnapping, and related firearm and weapon counts with an agreed sentence range; he later filed a pro se motion saying he pleaded out of fear and maintained his innocence. The appellate court held the trial court did not abuse its discretion because Jordan’s plea colloquy was thorough, he knowingly and voluntarily pleaded guilty, and his motion amounted to a mere change of heart unsupported by new evidence.

The Ohio Eighth District Court of Appeals affirmed Nathan Jones’s convictions and related firearm specifications following a bench trial. Jones was convicted of multiple sexual and related offenses after a victim testified he abducted and assaulted her at gunpoint, and DNA and other evidence linked him to the crimes. Jones argued the firearm specifications tied to three sexual-offense counts lacked sufficient evidence and were against the manifest weight of the evidence because the gun was only mentioned at the victim’s home and not at the later assault location. The court found reasonable inferences supported the specifications and upheld the convictions.

The Ohio Eighth District Court of Appeals affirmed William Greene’s convictions after a jury found him guilty of two counts of gross sexual imposition and two counts of disseminating matter harmful to juveniles. Greene challenged admission of forensic interview statements, sufficiency of evidence, and manifest weight of the evidence. The court held the forensic interview testimony was admissible under the medical-diagnosis exception and not barred by the confrontation rule because the children testified. The court found ample evidence that Greene engaged in masturbatory conduct and showed pornography in shared living areas while the victims were minors, supporting the convictions and sentence of 36 months.

The Ohio Court of Appeals affirmed Kevin Burge’s convictions, sentence, and the trial court’s denial of his post-sentence motion to withdraw guilty pleas. Burge pleaded guilty to 39 counts from a 63-count indictment after a thorough plea colloquy that the court found complied with Criminal Rule 11. The court rejected claims of ineffective assistance, involuntary plea, improper consecutive sentencing, and that a hearing was required on his post-sentence motion. The appellate court concluded the record showed Burge understood the plea consequences, the trial court made the required sentencing findings, and no manifest injustice was shown.

The court affirmed the trial court’s denial of Raliegh Abraham’s untimely motion for a new trial and remanded the case for the trial court to consider Abraham’s pending motion for leave. Abraham had been convicted after a bench trial and sentenced; his direct appeal and application to reopen were denied. He filed a motion for leave and, on the same day, filed an untimely motion for new trial based on newly discovered evidence. Because he did not obtain leave before filing the untimely motion as required by Crim.R. 33(B), the appellate court affirmed the denial and instructed the trial court to rule on the motion for leave.

The Ohio Fifth District Court of Appeals affirmed the Tuscarawas County Common Pleas Court's judgment after Lee Stiffler pleaded no contest to failure to comply with a police officer and resisting arrest and received two years of community control. Stiffler challenged the trial court's denial of his motion to suppress, arguing the officer could read his temporary tag, the tag was in plain view, he did not drive onto a curb, and his agitation did not justify further detention. The appellate court found the trial court's factual findings credible, held that the officer reasonably detained Stiffler to check license/registration/insurance under governing precedents, and determined there was reasonable suspicion to detain for sobriety testing.

The Ohio Fifth District Court of Appeals affirmed the trial court's dismissal of Robert Phelps' petition for post-conviction relief as untimely. Phelps had pleaded guilty in 2020 and was sentenced pursuant to a negotiated 15-year term; his direct-appeal transcript was filed June 8, 2021. He filed the post-conviction petition on September 4, 2025, beyond the 365-day statutory deadline. The court held the petition did not meet the narrow statutory exceptions allowing consideration of untimely petitions, and therefore the trial court correctly dismissed without findings or an evidentiary hearing.

The Ohio Court of Appeals affirmed the Franklin County trial court’s denial of Robert Lindsey’s amended petition for postconviction relief. Lindsey had been convicted of murder for stabbing his mother; he argued trial counsel was ineffective for failing to investigate potential prior abuse more fully, not consulting a domestic-violence expert, and failing to seek a no‑duty‑to‑retreat jury instruction. The appellate court found counsel’s investigation and strategic choices reasonable based on the record and Lindsey’s own statements, and held that even if some investigation was lacking, there was no reasonable probability the outcome would have changed.

The Ninth District Court of Appeals affirmed Deair R. Wray’s convictions for murder, felonious assault, and improperly discharging a firearm after a jury trial in Summit County. The court reviewed Wray’s four assignments of error — sufficiency of the evidence, manifest weight, jury-question instruction, and speedy-trial claim — and found no reversible error. The court held the testimony of cooperating witnesses, GPS ankle-monitor data, victim and neighbor testimony, and other evidence permitted the jury to find Wray was the shooter. The court found counsel waived the speedy-trial claim and that credibility disputes did not merit reversal.

The Ninth District Court of Appeals affirmed the Summit County Common Pleas Court's judgment against Dezmond Gainer. Gainer pleaded guilty pursuant to a plea deal to trafficking in cocaine with forfeiture specifications and possession of a fentanyl-related compound; other charges were dismissed. After sentencing to 5 to 7.5 years and forfeiture orders, Gainer obtained leave for a delayed appeal. Appellate counsel filed an Anders brief concluding no nonfrivolous issues exist and moved to withdraw; Gainer indicated he prefers to raise an ineffective-assistance claim in post-conviction proceedings. The appellate court independently reviewed the record, found no meritorious direct-appeal issues, granted counsel's motion, and affirmed.

The court affirmed Thurmell Maley’s conviction for public indecency after a bench trial where an officer observed her with her pants and underwear pulled down, urinating at a busy bus stop. The officer’s testimony and body-worn camera showed her exposed buttocks in an area with heavy pedestrian and vehicle traffic, satisfying the statute’s requirement that the conduct was likely to be viewed by and affront others. Because the trial court’s journal entry mistakenly listed the offense as a third-degree misdemeanor, the case is remanded for a clerical correction to reflect a fourth-degree misdemeanor conviction.

The Ohio First District Court of Appeals affirmed Demarius Jester’s conviction for resisting arrest (R.C. 2921.33(A)). The municipal court struck Jester’s motion to suppress as untimely; the appellate court held that striking the motion did not constitute an abuse of discretion because the motion was filed after the Crim.R. 12(D) deadline and the State’s late disclosure of additional body-worn camera footage occurred after the motion was filed. The court also upheld admission of an officer’s testimony about computer-generated warrant information as non-hearsay evidence of the officer’s belief, and found the evidence sufficient to support the conviction.

The court affirmed the municipal-court judgments dismissing misdemeanor charges against Darryl Brown because his statutory right to a speedy trial was violated. Brown was arrested November 8, 2024; discovery problems (a missing 9-1-1 call) and the State’s delayed response led to multiple continuances and a motion to compel. The trial court found the State caused significant delay, sanctioned the State, and ultimately dismissed the complaints after calculating that more than 90 days had run. The appellate court held the continuances necessitated by the State’s discovery failures were chargeable to the State and affirmed.

The Ohio Fifth District Court of Appeals affirmed the trial court’s judgments against Samantha Huff. Huff had pleaded guilty in three consolidated Richland County cases (drug possession, failure to comply with police, and OVI) and later admitted violations of community control after pleading guilty to a first-degree heroin possession charge. She argued her plea was involuntary because she had professed innocence and the court failed to perform an enhanced inquiry for an Alford plea, and that the probation violation was unsupported. The appellate court found the record showed a knowing, voluntary plea with a factual basis and sufficient evidence to revoke community control, so it affirmed.

The Ohio Fifth District Court of Appeals affirmed the Delaware County Common Pleas Court’s convictions and sentences of Billie Jo Kirven following her consolidated guilty pleas in two cases. Kirven argued the trial court convicted her without first accepting guilty pleas and that her pleas were not knowing, intelligent, or voluntary under Crim.R. 11. The appellate court reviewed the plea hearing transcript, found the record showed Kirven personally acknowledged and accepted the plea terms, received the required constitutional advisements, and that the court accepted the pleas after completing the advisements. The court held any irregular sequencing did not invalidate the pleas.

The Seventh District Court of Appeals affirmed the Belmont County Common Pleas Court's October 3, 2025 denial of Kawame Turner’s pro se motion for additional jail-time credit. Turner had pled guilty pursuant to a jointly recommended 36-month sentence in Case No. 19 CR 209 with 430 days credited, and later was convicted in a separate case (23 CR 258) for failure to appear and received 224 days credit. The appeals court held Turner’s current challenge was a substantive dispute about categories of credited time that must have been raised on direct appeal and is therefore barred by res judicata; Turner also waived review by agreeing to the jointly recommended sentence.

The Seventh District Court of Appeals affirmed the trial court’s November 5, 2025 dismissal without a hearing of Sammie Smith Jr.’s pro se August 5, 2025 filing titled “Motion for leave to file a motion for a new trial pursuant to Crim.R. 33(B).” The appellate court held the filing relied on Ohio’s postconviction statute (R.C. 2953.21) and was therefore properly treated as a petition for postconviction relief. The petition was untimely (filed nearly 14 years after the trial transcripts were filed), Smith failed to show an exception to the statute of limitations or to present operative facts or credible evidence entitling him to relief, and his claims were barred by res judicata.

The Ohio Third District Court of Appeals affirmed the trial court’s denial of Ralph J. Gipple’s motions to revise his sentencing entries to increase jail-time credit. Gipple argued that all days he spent confined across three separate cases should be applied to the concurrent prison terms, relying on State v. Fugate. The appellate court held the trial court did not abuse its discretion because Fugate applies only where pretrial confinement was attributable to multiple offenses simultaneously; here, Gipple’s confinement periods were not entirely overlapping and the trial court properly applied jail-time credit only to the offenses for which he was confined. The convictions and concurrent sentences remain affirmed.

The Court of Appeals affirmed the Ashtabula County Common Pleas Court’s sentence of two years of community control for Maurice D. Turner following his guilty pleas to two fifth‑degree felonies (breaking and entering and aggravated possession of drugs). The parties jointly recommended community control with treatment, and the trial court ordered Turner to successfully complete the NEOCAP residential program as a condition. Because the sentence was jointly recommended, authorized by law, and neither Turner nor counsel objected at plea or sentencing, the appellate court held R.C. 2953.08(D)(1) bars review and affirmed.

The Ohio Court of Appeals affirmed the Portage County Common Pleas court's denial of Austin Mehring’s successive petition for post-conviction relief without a hearing. Mehring had pleaded guilty to aggravated assault and misdemeanor assault in 2022, did not appeal, and later filed untimely post-conviction petitions claiming newly discovered exculpatory cellphone video and ineffective assistance of counsel. The court held it lacked jurisdiction to consider the successive petition because Mehring failed to meet the statutory exceptions in R.C. 2953.23(A), and his claims were barred by res judicata, so no evidentiary hearing was required.

The Ohio Court of Appeals reviewed Ashley K.M. Kendrick’s challenge to her aggregate 23-month prison sentence following multiple community-control violations and a new felony conviction. The court held that the trial court had provided adequate notice of the possible prison-range at the original community-control sentencing hearings, did not err by imposing reserved/suspended prison terms while imposing community control, and permissibly ordered one new felony sentence to run consecutively to earlier concurrent reserved terms. The appellate court corrected a clerical discrepancy in the judgment entry and modified the record to reflect an aggregate 23-month term, then affirmed as modified.

The Eleventh District Court of Appeals affirmed the Lake County Common Pleas Court’s denial of Julio C. Diaz’s postjudgment motion seeking a hearing under R.C. 2947.23(B) to perform community service in lieu of paying $2,260 in court costs. Diaz argued the court should have held a hearing because he had not paid the costs. The appeals court found the record did not show he failed to pay or defaulted under an approved payment schedule, and the clerk’s letter about potential commissary garnishment did not establish a basis for a hearing. The trial court did not abuse its discretion by denying the motion without a hearing.

The Ohio Fifth District Court of Appeals affirmed a 90-day jail sentence plus two years of community-control supervision imposed on Aaron Hoover after he pled guilty to a first-degree misdemeanor domestic-violence offense. The court reviewed whether the trial court abused its discretion in sentencing and concluded the sentence was within statutory limits and not unreasonable. The trial judge considered the presentence report, victim injury, the defendant’s alcohol issues, and the use of a firearm; the appellate court found no affirmative showing the trial court failed to consider required factors.

The Seventh District Court of Appeals affirmed the Noble County Common Pleas Court's October 28, 2025 denial of Daniel T. McElfresh’s motions seeking return of $475 and contempt against the sheriff. McElfresh had pleaded guilty to aggravated possession and later claimed money seized in 2021 was never returned. The record and sheriff jail records showed the $475 was placed in McElfresh’s commissary account on March 8, 2021, and the remaining funds were applied to outstanding jail fees. Because the money had been returned and applied to McElfresh’s debt, the trial court did not abuse its discretion in denying relief.

The Court of Appeals affirmed the conviction and sentence of Mashhud Petaway for felonious assault following a jury trial. Petaway challenged pretrial identification, admission of firearm photographs from his phone, limitations on cross-examination of the victim about mental health, sufficiency and weight of the evidence, cumulative error, the Reagan Tokes sentencing law, and imposition of firearm specifications. The court upheld the trial court’s rulings, finding the photographic evidence admissible (or harmless if not), the limitation on cross-examination permissible without a proffered nexus to impairments, the evidence sufficient and not against the weight of the evidence, and the sentencing (including firearm specifications) lawful under Ohio precedent.

The Court of Appeals affirmed the trial court's judgment convicting Daryl Anderson Dillard after he pleaded guilty to aggravated vehicular homicide, aggravated vehicular assault, vandalism, and one count of OVI. Dillard argued his trial counsel was ineffective for permitting guilty pleas instead of no-contest pleas because guilty pleas waived his ability to appeal the denial of his suppression motion. The appellate court held Dillard failed to show prejudice or deficient performance: the record did not show the State would have accepted no-contest pleas on the same terms and there is no evidence what advice counsel gave, so any off-the-record claims must be raised in post-conviction proceedings.

The Montgomery County Court of Appeals affirmed the convictions and sentence of Robert Crowder Jr. after a jury trial. Crowder was convicted of trespass in a habitation, breaking and entering (merged for sentencing), forgery of an elderly person’s deed, tampering with records, and two counts for false representation as an attorney. The court held there was sufficient evidence and that the verdict was not against the weight of the evidence because J.C. and his electrician came to the house while Crowder remained there. The court also rejected Crowder’s challenge to merger of the forgery and record-tampering counts, finding separate victims (J.C. and the government).