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 Eighth District Court of Appeals affirmed the trial court’s confirmation of an arbitration award and the entry of a final decree of divorce. The parties had agreed in a signed Cooperative Participation Agreement to mediate and, if necessary, proceed to binding arbitration. After arbitration produced an award dividing assets and awarding fees, appellee Shechter filed an application to confirm the award under R.C. 2711.09. The court held that the domestic relations court had jurisdiction to confirm the award and enter judgment under R.C. 2711.12 because the statutory procedures for confirmation, vacatur, or modification under Chapter 2711 control, and Dubick failed to timely move to vacate or modify the award.

The Eighth District Court of Appeals affirmed the Lyndhurst Municipal Court’s dismissal with prejudice of Stedson McIntyre’s small-claims suit against Landscape Management & Design, Inc. McIntyre claimed the company’s snowplow damaged five driveway lights and introduced a video. The magistrate found the video showed the plow stayed on the driveway and that the missing lights were obscured by displaced snow, not destroyed by the driver. The appellate court held there was competent, credible evidence to support the trial court’s finding of no breach of duty and affirmed under the manifest-weight standard.

The Court of Appeals affirmed the trial court’s grant of summary judgment for Schuler Painting, Inc. and the Ohio Bureau of Workers’ Compensation, concluding that plaintiff Robert Leghart was an independent contractor, not an employee, when he was injured. Leghart sought workers’ compensation after a June 29, 2022 scaffolding fall; the Bureau denied benefits and the trial court granted summary judgment to defendants. The appellate court found the undisputed facts — lack of payroll or onboarding paperwork, payment by invoice and Form 1099, short-term work arrangement, and medical records describing him as self-employed — supported the independent-contractor finding and no genuine factual dispute existed.

The Court of Appeals affirmed the trial court's denial of Alexandria Kung’s Civ.R. 60(B) motion and upheld the entry of final judgment for State Farm. Kung had sued State Farm over the appraisal-based valuation of two stolen personal articles. After State Farm obtained an appraisal and issued payment, the trial court entered summary judgment. Kung sought relief from judgment claiming lack of notice, attorney withdrawal, and alleged improper influence of the appraisal umpire. The appellate court concluded Kung failed to timely appeal the summary-judgment order, could not use Civ.R. 60(B) as a substitute for a direct appeal, and did not demonstrate entitlement to relief on the record.

The Eighth District Court of Appeals affirmed the trial court’s dismissal of Matthew Joy’s two-count complaint against The MetroHealth System. Joy alleged breach of contract and wrongful termination for reporting patient-safety concerns, relying on a March 2022 reappointment letter and MetroHealth’s employee handbook and a reporting policy. The court held that the documents did not create an employment contract or modify at-will status, and Joy failed to plead a specific source of law showing a clear public policy prohibiting his termination. Because the pleadings and attached writings could not support relief as a matter of law, judgment on the pleadings was proper.

The Eighth District Court of Appeals affirmed the juvenile court’s grant of legal custody and designation of the father as the residential parent of A.C.-L., following a custody application by the father under R.C. 2151.23(A)(2). The mother appealed pro se arguing lack of notice, failure to consider custodial history and documentary evidence, absence of an active guardian ad litem, erroneous factual findings, an unfavorable exchange time, and improper child-support handling. The appellate court reviewed for plain error because the mother did not file transcripts below, found no prejudice from the GAL’s nonparticipation, and concluded the juvenile court acted within its discretion and applied the statutory best-interest standard, so it affirmed.

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 court affirmed the trial court's judgment finding Marysville Animal Care Center, LLC breached an employment agreement with Dr. Cassie Wooden by failing to timely offer her either a partnership interest or a $45,000 bonus after three years of employment. The magistrate and trial court found the parties had orally modified Dr. Wooden’s work schedule to three clinic days per week by course of conduct, so the December 7, 2021 partnership offer conditioned on returning to four clinic days did not cure the earlier breach. The court rejected appellant’s challenges to factual findings, parol-evidence rulings, credibility determinations, and alleged bias.

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 Ohio Tenth District Court of Appeals affirmed the Franklin County Common Pleas Court's grant of summary judgment to The Huntington National Bank in a breach-of-loan case. The bank sued Xiaowei He for unpaid balances under a June 15, 2021 loan; the trial court found He defaulted and owed $19,187.69. The appeals court rejected He’s arguments that the case should have been dismissed for lack of prosecution, that the bank lacked standing because it sold the loan, and that fraud by a third party relieved her of liability. The court held the loan was charged-off (not sold) and remained enforceable, and no genuine factual dispute precluded judgment.

The Ohio Tenth District Court of Appeals affirmed the Franklin County trial court's July 21, 2025 judgment denying appellant Christina Bushong's Civ.R. 60(B) motion for relief from judgment. The court held that the parties' November 17, 2023 memorandum of agreement did not itself dismiss the case because no journalized dismissal entry was filed, so the trial court retained jurisdiction to resolve the child-support issues. The court also found appellant failed to timely appeal the June 24, 2025 judgment adopting a magistrate's contempt decision, so the appellate court lacked jurisdiction to review that portion of the proceedings.

The Ohio Tenth District Court of Appeals affirmed the Franklin County Court of Common Pleas’ grant of summary judgment to the Director of the Ohio Division of Cannabis Control. Bear River Dispensaries (appellant) sold its medical marijuana certificate before applying for an adult-use dispensary license under former R.C. 3780.10(B). The court held the statute unambiguously requires applicants to possess a medical certificate at the time of application, not merely have possessed one earlier, so the Division correctly denied appellant’s adult-use application and the trial court properly entered judgment for the Division.

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 Supreme Court affirmed the Public Utilities Commission of Ohio’s orders adopting an independent auditor’s recommendations about the Power-Purchase-Agreement (PPA) Rider for AEP Ohio for 2018–2019. OCC and OMAEG argued the commission erred in finding the PPA Rider costs prudent, violated due process by denying a subpoena for a commission staff member, and applied the wrong standard for auditor independence. The Court held the commission reasonably credited evidence that a must-run strategy for OVEC coal units was prudent when chosen, that denial of the subpoena did not prejudice the parties because other witnesses covered the issues, and that the commission properly found no undue influence on the auditor.

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 Ohio Court of Appeals affirmed the Franklin County trial court’s grant of summary judgment to BMI Federal Credit Union and its award of attorney fees after Carl Medley sued over the repossession and sale of his Audi. The trial court found Medley’s claims—fraud, waiver based on prior acceptance of late payments, emotional distress, and punitive damages—unsupported by admissible evidence, and granted BMI its deficiency, fees, and costs. The appellate court agreed that the loan’s anti-waiver language allowed BMI to accept late payments without forfeiting its rights, that BMI validly repossessed and sold the vehicle, and that Medley failed to rebut BMI’s evidence.