Court Filings

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 Seventh District Court of Appeals affirmed a municipal-court judgment awarding William R. Meek $4,160 against Gino Collins for an incomplete fence installation and return of materials. Collins appealed pro se arguing the damages award lacked competent proof and was against the weight of the evidence. The appeals court held Collins failed to provide a transcript or an approved substitute of the bench hearing, so the court could not review the factual record and must presume the trial court acted properly. For that reason the appellate court affirmed the judgment.

The Seventh District Court of Appeals affirmed the municipal court’s rulings that tenants Nedra Bloor and Wayne Reed could deposit rent with the clerk and that the escrowed rent should not be released to landlord Alan Barnes. The tenants had notified Barnes of multiple repair issues (roof leaks, mold, loose fixtures, exposed wiring, floor problems) and deposited rent after giving notice. The trial court found the tenants were current on rent when they initiated escrow and that Barnes failed to remedy the conditions. The appeals court upheld the credibility findings and applied Ohio landlord-tenant statutes to affirm the return of the escrowed funds to the tenants.

The Court of Appeals affirmed the Mason Municipal Court's dismissal of Mirkomil Noziljon's small-claims suit against dentist Doktor Hasan seeking a $5,000 refund. After a bench trial before a magistrate, the court found credible testimony and a billing/credit receipt showing a $5,000 refund had been processed to a credit card provided at the office. The magistrate acknowledged a name discrepancy on the receipt but concluded Noziljon failed to meet his burden. The appellate court held the trial court did not abuse its discretion in refusing post-trial evidence and that the judgment was not against the weight of the evidence.

The Twelfth District Court of Appeals affirmed the trial court's decision denying Gregory Myers a court-ordered certificate of title for a 1970 Chevrolet Nova. Myers had sought title after buying property at a sheriff's sale where the car had been stored, but the trial court found he did not acquire the vehicle by operation of law under R.C. 4505.10. The court concluded title remained with the decedent, Elvin Potter, and that disputes over ownership of the decedent's personal property are for the probate court. The appellate court affirmed dismissal of Myers' petition with prejudice.

The Warren County Juvenile Court granted Warren County Children Services (WCCS) permanent custody of nine-year-old S.F., rather than returning her to the legal custody of her 74-year-old paternal grandmother. WCCS sought permanent custody after S.F. wandered away from grandmother’s home and exhibited severe behavioral and mental-health problems requiring specialized treatment. The juvenile court found grandmother medically frail, lacking stamina and knowledge to meet S.F.'s needs, and unable to provide the legally secure, specialized care S.F. requires. The appellate court affirmed, concluding the finding was supported by the weight of the evidence and was in S.F.'s best interest.

The Ohio Court of Appeals (Twelfth District) affirmed the probate court's ruling that the child's biological mother must give consent before the child may be adopted by the maternal grandmother. The probate court had found the mother had justifiable cause for failing to provide financial support during the one-year look-back period prior to the adoption petition, and the appellate court held that finding was supported by competent, credible evidence and was not against the manifest weight of the evidence. The court emphasized that adoption terminates parental rights and exceptions to consent must be strictly construed, and it concluded the mother reasonably believed her financial help was unnecessary because the petitioners provided fully for the child and never sought parental support.

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 Ohio Court of Appeals affirmed the trial court's grant of summary judgment for the defendants in a premises-liability suit. Appellant Irene Wunderle sued after falling stepping into a boutique and suffering serious eye injuries, claiming the threshold had an indistinct step down that was not open and obvious. The court found no genuine dispute of material fact: the step was small but visible, the store was well-lit, nothing obstructed her view, and no unusual attendant circumstances existed to distract her. Because the condition was open and obvious, the owners owed no duty to warn.

The Court of Appeals affirmed the trial court's dismissal of Dennis Tilton's filing titled a "Complaint and Intent to File Petition for Post-Conviction Relief". Tilton had been convicted in Willoughby Municipal Court and later filed his postconviction claim in the Lake County Court of Common Pleas. The appeals court held the common pleas court lacked jurisdiction because Ohio law requires R.C. 2953.21 petitions be filed in the sentencing court (the municipal court). Citing Ohio precedent, the court concluded municipal-court misdemeanants must seek relief through other procedures in the sentencing court, so dismissal was proper.

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 Court of Appeals affirmed the Trumbull County Common Pleas judgment ordering the condominium association and unit-owner defendants to specifically perform a 2014 settlement agreement requiring stabilization and restorative work on a shared wall. The trial court had granted plaintiff Owen summary judgment on enforceability after finding no competent evidence that the agreement was mutually rescinded or impossible to perform. The court limited Owen’s liability to her original pro rata share of estimated 2014 costs and denied attorney fees. The appeals court found no error in granting specific performance.

The court affirmed the municipal small-claims judgment for defendant Jenna Nelson after a bench trial. Plaintiff Stephanie Milton sued Nelson for breach of contract and civil damages under Ohio cruelty statutes, alleging her adopted mustang lost significant weight and training while boarded with Nelson. The trial court found insufficient evidence that Nelson failed to provide proper nourishment or training, and the appellate court held that the trial court did not lose its way in weighing testimony and evidence. The court also rejected Milton’s claim that the case should have been moved off the small-claims docket, noting Milton chose that forum and sought only $6,000.

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 First District Court of Appeals affirmed the trial court’s grant of summary judgment for UC Health, LLC in Danielle Drake’s wrongful-termination suit. Drake, an at-will social worker, was fired after she accessed a patient’s protected health information (PHI) without a legitimate business reason while attempting to report a coworker’s suspected HIPAA violation. The court held that UC had an overriding legitimate business justification—enforcement of its strict policy forbidding unauthorized PHI access—and Drake failed to show that termination was pretextual.

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).

The Court of Appeals affirmed the defendant Precious Carmichael’s convictions following a jury trial for strangulation (fourth-degree felony) and child endangering (first-degree misdemeanor). Carmichael had sought jury instructions on a reasonable parental-discipline defense and moved to exclude certain prior-bad-acts evidence; she also challenged sufficiency/weight of the evidence and alleged ineffective assistance. The appellate court found no abuse of discretion in denying the instruction or excluding evidence, concluded the State presented legally sufficient and not-contradicted evidence (including the child’s testimony, bruising and a cord pattern of injury), and rejected the ineffective-assistance claim.

The Ohio Second District Court of Appeals affirmed Chelsey Lynn Boggs’s conviction and sentence for two counts of fentanyl possession after she violated intervention in lieu of conviction. The trial court terminated ILC, found her guilty and imposed three years of community control, including a residential term at the West Central community-based correctional facility. Boggs argued the West Central requirement was unnecessary and that the court erred by not obtaining a professional assessment first. The appellate court held the requirement was authorized, found no statutory mandate requiring a pre-sentence assessment for that residential sanction, and noted the issue may be moot if she already completed the program.

The Ohio Court of Appeals affirmed a trial court default judgment in favor of Pheasant Ridge Association, Inc. in its foreclosure action against property owner Jeremy Harper for unpaid association assessments. Harper, who was served with the complaint, failed to file an answer or otherwise respond; the Association moved for default judgment and submitted an affidavit of account, its declaration, and its certificate of lien. The appellate court held the trial court did not abuse its discretion in granting default judgment because Harper forfeited defenses by failing to respond and provided no evidence to dispute the Association’s proofs.

The Montgomery County Court of Appeals affirmed the juvenile court’s decision to grant legal custody of six-year-old P.W. to her father. The child had been adjudicated neglected and dependent after the mother’s arrest and unsafe home conditions; the mother later entered residential drug treatment and had interrupted in-person contact. The father completed assessments and a home study, developed a consistent visitation schedule, and showed stability. The appellate court found the juvenile court reasonably applied Ohio’s best-interest factors and concluded legal custody to father was supported by the preponderance of the evidence.

The Ohio Court of Appeals affirmed the juvenile court’s judgments granting permanent custody of three children (C.P., M.R., and C.R.) to the Montgomery County Department of Jobs and Family Services – Children Services Division (MCCS). MCCS had removed the children for neglect and dependency, obtained temporary custody, and later moved for permanent custody. The court found by clear and convincing evidence that reunification with the mother was unlikely in the foreseeable future and that awarding permanent custody to MCCS was in the children’s best interests, given the children’s behavioral needs, the mother’s inconsistent engagement with services and visits, housing and stability concerns, and exposure to a known substance user.

The Seventh District Court of Appeals affirmed Dean Dominique Gore’s convictions for engaging in prostitution and possession of criminal tools arising from an undercover online sting. Police posted an ad, Detective Haueter communicated with Gore by text and provided a false rendezvous location; officers observed Gore’s vehicle acting like it was searching for the address, stopped and arrested him, seized his phone, and later obtained his consent to search it. The court held the stop and seizure were supported by reasonable suspicion and probable cause, the phone seizure and subsequent consented search were lawful, and the evidence supported the convictions.

The Sixth District Court of Appeals affirmed Dennis Thompson Jr.’s conviction for strangulation following a jury trial in Fulton County. Thompson was acquitted of domestic violence but convicted under R.C. 2903.18(B)(3) after the victim and witnesses testified that Thompson gripped the victim’s neck, causing pain, difficulty breathing, and visible bruising. The court held the evidence was legally sufficient and the verdict was not against the manifest weight of the evidence, rejecting defense arguments about inconsistent witness accounts, lack of expert medical proof, and brief contact with the victim’s neck.