Court Filings

The Ohio Fifth District Court of Appeals affirmed the trial court's denial of Dennis Crowley's motion to suppress evidence found during a traffic stop. Officer Webb stopped Crowley on May 7, 2025 for a loud muffler in violation of Ohio law, and an inventory search of the towed vehicle uncovered powdered cocaine. The appellate court held the stop was supported by reasonable, articulable suspicion because Officer Webb observed and the body-camera recorded an audible rumble from the exhaust consistent with R.C. 4513.22(A). The conviction (no contest plea) and community-control sentence were left intact.

The court affirmed the Sandusky Municipal Court’s August 20, 2025 judgment denying Shardaye Smith’s motion for relief from judgment under Ohio Civil Rule 60(B). LVNV Funding obtained summary judgment in a small-claims-style collection action after serving process by certified mail to the address on Smith’s account. Smith later sought relief, claiming defective service, lack of jurisdiction, and invalid evidentiary foundation; the magistrate and trial court found she was properly served, had notice (as shown by an earlier filing contesting jurisdiction), failed to show a meritorious defense, and filed her motion untimely. The appellate court held the trial court did not abuse its discretion in denying relief and affirmed.

The Ohio Supreme Court accepted the resignation of attorney David Paul Greulich Jr. under the rule for resignation when disciplinary action is pending. The court treated the filing as a resignation with disciplinary action pending and ordered that Greulich be immediately prohibited from practicing law in Ohio, surrender his admission certificate, and have his name stricken from the roll. The court also imposed post-resignation obligations: notify clients and opposing counsel, deliver client files, refund unearned fees, refrain from handling client funds, reimburse the Lawyers’ Fund for Client Protection if applicable, and file proof of compliance with the court and disciplinary counsel.

The Eighth District Court of Appeals affirmed Tyler Stafford’s convictions and sentences after he pleaded guilty in three Cuyahoga County cases, including a third-degree count for having weapons while under disability under R.C. 2923.13(A)(2). Stafford argued the statute was facially unconstitutional based on this court’s prior Philpotts decision and that counsel was ineffective for advising the plea. The court held Philpotts had been stayed by the Ohio Supreme Court when Stafford pled, so the statute remained valid; and the record did not show counsel was deficient or that Stafford suffered prejudice. The convictions and aggregate sentence were affirmed.

The Ohio Court of Appeals affirmed Lorinzo Sampson’s total 36-month prison sentence after he pled guilty to attempted having weapons while under disability in two separate cases. The court rejected Sampson’s claims that the trial judge was biased, that the sentence was unlawful, and that he was improperly denied the right to hire counsel. The court found the judge’s courtroom comments and scheduling decisions did not demonstrate bias, that the record shows the court considered sentencing statutes and explained its reasons, and that the denial of a last-minute continuance to hire new counsel was a permissible exercise of discretion.

The Court of Appeals affirmed the trial court's grant of Marlon Lewis’s motion to suppress evidence seized from his vehicle after a traffic stop. Police smelled burnt marijuana, Lewis admitted he had smoked in the car earlier, and an officer then searched the reachable area and found used blunts and a bag containing a firearm. The appellate court concluded that, given Ohio law at the time, smoking marijuana in a vehicle did not constitute a statutory criminal offense for a driver, so there was no probable cause to justify the warrantless search under the automobile exception.

The Eighth District Court of Appeals affirmed the trial court’s denial of Tajul Islam’s motion to continue a domestic-relations hearing and related rulings. Islam’s counsel was unavailable due to a criminal trial and Islam argued this denied him counsel and due process when the hearing proceeded in his absence. The appellate court found the trial court did not abuse its discretion in denying the late continuance request, that no constitutional right to counsel existed in this civil contempt/post-decree proceeding, and that Islam failed to show cumulative error or timely objections. The judgment of the trial court was affirmed.

The Ohio Court of Appeals affirmed the juvenile court’s judgment terminating Mother’s parental rights and awarding permanent custody of twin infants A.N. and L.N. to Cuyahoga County Division of Children and Family Services (CCDCFS). The agency had sought permanent custody in its original complaint after the children were removed at birth because of Mother’s unresolved mental-health problems, inconsistent engagement with services, and prior involuntary termination of parental rights to older siblings. The appellate court found the juvenile court’s findings supported by clear and convincing evidence and not against the manifest weight of the evidence.

The Ohio Court of Appeals affirmed the trial court’s award of attorney fees to Citywide RX after Citywide prevailed on contract claims against multiple nursing-home defendants, including Selfridge Leasing. Citywide sought $434,252.95 in fees (primarily for a New York law firm plus local counsel); the trial court found Citywide the prevailing party under the contract’s fee provision, reviewed affidavits and itemized bills, and held the rates and hours reasonable. On appeal Selfridge argued the fees were excessive and duplicative, but the court rejected new arguments raised for the first time on appeal and found no genuine issue of material fact.

The Tenth District Court of Appeals affirmed the trial court’s November 20, 2025 denial of Letwan E. Cherry’s motion to vacate his six-to-nine year prison sentence for trafficking in a fentanyl-related compound. Cherry argued his sentence was void under Apprendi/Alleyne and Ohio authorities, but the appellate court held his sentence was an authorized indefinite term within the statutory range and that judicial factfinding to select a minimum within that range does not violate the Sixth Amendment. Several other challenges raised on appeal were tied to a later post-sentencing motion and thus were not properly before the court.

The Ohio Fourth District Court of Appeals affirmed the Pike County Common Pleas Court's denial of a motion to set aside a sheriff's sale of real property sold for delinquent taxes. Gary Damron argued he (and other known heirs) did not receive proper notice because the Notice of Sale was sent by email to his then-attorney during the holiday period rather than by regular mail. The appellate court held service on Damron's attorney by e-mail complied with Civ.R. 5(B)(2)(f), was complete upon transmission, and was reasonably calculated to provide notice, so the trial court did not err in denying the motion to set aside the sale.

The Ohio Fourth District Court of Appeals affirmed Walter Jackson’s convictions and sentence following his March 2023 jury trial and May 15, 2023 sentencing in Scioto County Common Pleas Court. Jackson was convicted on a 12-count indictment (drug trafficking/possession, weapons offenses, and related counts with firearm specifications). He raised five assignments of error including ineffective assistance, absence from trial, failure to merge allied offenses, improper consecutive sentences, and insufficiency/manifest-weight challenges. The court found the record supported the convictions and the consecutive sentences, and that the evidence (including circumstantial evidence and forensic lab results) was sufficient and not against the manifest weight.

The Ninth District Court of Appeals affirmed the juvenile court’s orders placing N.D. in the permanent custody of Summit County Children Services Board (CSB) and placing K.D. in the legal custody of the parents of her friend. The appeals came after contested juvenile proceedings in which the children were adjudicated abused and dependent due to Father’s physical and verbal mistreatment and Mother’s long absence and history of untreated mental illness/substance abuse. The appellate court held CSB proved an alternative statutory ground that the child could not be placed with either parent and found the placements were in the children’s best interests given parental noncompliance and the children’s expressed wishes.

The Seventh District Court of Appeals affirmed the Steubenville Municipal Court's August 5, 2025 judgment awarding plaintiff-appellant Sol Rose III $683.50 plus 8% interest for conversion of personal property by Jefferson Behavioral Health System (J.B.H.S.) after its employee, Lou Stein, entered and discarded items from Rose’s unit. The trial court found Stein acted within the scope of his employment but without malice, so J.B.H.S. was liable under respondeat superior while Stein faced no individual or punitive damages. The court declined to award compensation for the decedent daughter’s urn and ashes because sentimental value is speculative and no market value testimony was offered.

The Fifth District Court of Appeals affirmed the Delaware County Common Pleas Court's August 27, 2025 prison sentence for Adam Stone. Stone pleaded guilty to telecommunications fraud and attempted impersonation of a peace officer; the trial court imposed consecutive prison terms (36 months and 18 months). On appeal Stone argued the consecutive sentences were disproportionate and that the convictions should have merged as allied offenses. The appellate court found the trial court made the required statutory consecutive-sentence findings and that the two convictions arose from separate, distinct conduct, so it affirmed the sentence.

The Fifth District Court of Appeals affirmed Shawn Atchley’s conviction for trafficking in a fentanyl-related compound following his arrest at a tavern. Officers found a handgun, $1,200, and about 1.5 grams of fentanyl divided into 11 tied baggies in Atchley’s sock. Atchley admitted possessing the drugs and firearm but insisted the fentanyl was for personal use and sharing, not sale. The court held the jury’s verdict was not against the manifest weight of the evidence because the drug packaging, officer testimony about trafficking indicators, and Atchley’s own admission about sharing supported the trafficking conviction.

The Fifth District Court of Appeals affirmed the Richland County Common Pleas, Domestic Relations Division judgment that denied Heidi Back’s objections to a magistrate’s child support decision. The magistrate had designated Back the child-support obligor and ordered monthly support of $221.50. Back argued she was rushed at the July 24, 2025 hearing and prevented from presenting evidence about her inability to work and financial situation. The appellate court found she was sworn, had the chance to testify, was asked at the close if she had more to present, and did not provide the additional evidence at the hearing, so the trial court did not err in adopting the magistrate’s decision.

The Fifth District Court of Appeals affirmed Timothy A. Smith’s aggregate 88-month prison sentence imposed by the Guernsey County Court of Common Pleas. Smith had pleaded guilty to weapons under disability, two counts of gross sexual imposition, and one count of retaliation as part of a plea agreement. On appeal he argued the trial court gave only cursory consideration to statutory sentencing factors. The appellate court held the trial court expressly considered the purposes of sentencing and listed the specific factors from R.C. 2929.12 it applied, sentenced within the statutory ranges, and therefore the sentence was not contrary to law.

The Court of Appeals affirmed the Franklin County Court of Common Pleas. The appeal challenged (1) the municipal court’s grant of leave to amend a counterclaim and transfer to common pleas court, (2) the common pleas court’s grant of additional time under Civ.R. 56(F) for discovery, and (3) denial of plaintiff-appellant Castro’s motion for summary judgment. The appellate court held the municipal court properly transferred the case because the amended counterclaim exceeded its $15,000 jurisdictional limit, the trial court did not abuse discretion in granting a Civ.R. 56(F) continuance, and genuine disputes of material fact (about the terms and performance of an oral agreement concerning sewer-line work) precluded summary judgment.

The Ohio Sixth District Court of Appeals affirmed the Fulton County Common Pleas Court’s June 5, 2025 judgments sentencing James Pontious to an aggregate 24-month prison term. Pontious was convicted after a bench trial of tampering with evidence for submitting an Alcoholics/Narcotics Anonymous meeting sign-in sheet he knew to be false and intended to mislead his probation officer. The appeals court rejected arguments that trial errors, discovery violations, admission of testimony, insufficiency and weight of the evidence, and Miranda problems required reversal, finding any evidentiary errors harmless and the proof sufficient and not against the manifest weight.

The Fifth District Court of Appeals affirmed the Perry County Domestic Relations Court’s ruling that the pending divorce action abated when the husband (plaintiff) died before any adjudication on the merits. The couple originally filed for dissolution with a separation agreement, the matter was converted to divorce, but no evidentiary hearing or decree occurred before the husband’s death. Because no judicial decision existed that could be journalized after death, the appeals court held the trial court lacked authority to continue the divorce and properly closed the case.

The Ohio Court of Appeals affirmed the juvenile court's grant of permanent custody of John to the Butler County Department of Jobs and Family Services. Mother appealed, arguing the decision was against the manifest weight of the evidence and that her trial counsel was ineffective for not filing a motion to place John with a relative. The court found Mother had abandoned John by failing to maintain contact for more than 90 days and previously lost custody of a sibling, facts that relieved the Agency of reunification obligations and supported a permanent-custody award. The court held Mother's subsequent rehabilitation was insufficient to overcome those statutory factors.

The Ohio Seventh District Court of Appeals affirmed the Mahoning County Common Pleas Court's September 16, 2025 sentence of five consecutive one-year prison terms (aggregate five years) after Matthias Merritt Lewis pleaded guilty to five counts of pandering sexually oriented matter involving a minor. Lewis challenged only his sentence, arguing the record did not support the statutory findings for consecutive terms and that the trial court improperly considered societal harms of child pornography. The appellate court found the record, including Lewis’s admissions about two years of viewing and trading images across multiple platforms and the graphic nature of the materials, supported consecutive sentences and that considering societal impact was authorized by statute.

The appellate court affirmed Jennifer Hefner’s convictions and sentences from the Lake County Court of Common Pleas. Hefner was convicted after a jury trial of complicity to aggravated burglary, complicity to kidnapping, burglary, and having weapons while under disability (several counts merged at sentencing). The court found the State presented sufficient evidence—including phone records, surveillance, witness testimony, and Hefner’s own statements—that she knowingly assisted or encouraged the home invasion and related assaults. The court also rejected challenges to the denial of Crim.R. 29 acquittal, weight-of-the-evidence claims, and an ineffective-assistance claim regarding joinder of two cases for trial.

The Court of Appeals affirmed the Portage County Court of Common Pleas judgment for plaintiff Fred Molai against the Standing Rock Cemetery Board of Trustees. After a jury awarded Molai $10,000 for breach of contract and $90,000 for intentional infliction of emotional distress, the trial court refused to instruct the jury on punitive damages and attorney fees based on R.C. 2744.05(A). The appellate court held Molai waived a facial constitutional challenge by not raising it below and found the statutory prohibition on punitive damages applicable to this public cemetery, so exclusion of that instruction was not an abuse of discretion.

The Ohio Court of Appeals affirmed the trial court’s grant of summary judgment to Kirtland Country Club (KCC) in a suit by Sandy and Kevin Donovan challenging noise from KCC’s skeet shooting range. The Donovans alleged nuisance and negligence based on loud gunfire; KCC argued it was immune under R.C. 1533.85 because it substantially complied with the Division of Wildlife noise rules (Ohio Adm.Code 1501:31-29-03) and had a conditional use permit. The court held the statutory immunity and compliance with the administrative noise standard defeated the claims and found no genuine issue of negligence, so summary judgment for KCC was affirmed.

The Third District Court of Appeals affirmed Andrew Myers’ conviction for operating a vehicle while under the influence of a listed controlled-substance metabolite. Myers was stopped for speeding early on the morning of December 30, 2023; police observed signs of impairment, conducted field sobriety tests, arrested him, and obtained a urine sample showing marijuana metabolite. Myers moved to suppress the field test results and the urine test results; the trial court denied suppression. On appeal the court found the officer had reasonable suspicion to expand the stop, the officer substantially complied with sobriety-test standards, and the lab substantially complied with Ohio health regulations, so the convictions and sentence were affirmed.

The Ohio Third District Court of Appeals affirmed the Van Wert County Common Pleas Court. Ryan E. Houser pleaded no contest to murder (Count Two) under a plea agreement; other counts were dismissed. Houser had sought to withdraw his plea before sentencing and moved to suppress cloud-based cellphone data. The trial court denied his motion to withdraw and denied suppression; on appeal the court held the warrant was sufficiently particular and supported by a probable-cause nexus to the phone and associated cloud data, and alternatively police relied in good faith on the warrant. The appellate court therefore affirmed the conviction and sentence.

The Ohio Third District Court of Appeals affirmed the Henry County trial court's judgment in State v. Grond. Ashley Grond pleaded guilty to amended aggravated trafficking (a second-degree felony); the trial court sentenced her to 6–9 years, waived the statutory fine due to indigence, but imposed statutory court costs and stayed collection until 60 days after release. Grond argued the court erred by ordering costs without findings on her ability to pay or specifying which costs. The appellate court held the trial court complied with statutory duties: courts must impose costs and may—but are not required to—make ability-to-pay findings when denying waiver.

The Third District Court of Appeals affirmed the Auglaize County Municipal Court’s September 11, 2025 conviction of Abdullah M. Alqahtani for speeding. Alqahtani challenged admission of radar evidence, argued insufficient and against-the-weight evidence, and sought a continuance for additional discovery. The court held the trooper’s testimony and a radar certification provided adequate, case-specific proof of the device’s accuracy and operator qualifications, rejected claims of manifest-weight error, and found no abuse of discretion in denying a continuance because the State had provided the available discovery.