Court Filings

The Fifth District Court of Appeals vacated and remanded the defendant Carl S. Williams Jr.’s aggregate eight-year prison sentence because the trial court imposed consecutive terms without making all statutory findings required by R.C. 2929.14(C). Williams had pled guilty to multiple theft-related felonies while on post-release control and received consecutive eight-month terms plus two years for post-release-control violation. The appellate court found the trial court failed on the record to state that consecutive sentences were necessary to protect the public or to punish the offender, so the sentence was contrary to law and must be vacated for resentencing. The court upheld the post-release-control prison term itself.

The Ohio Eighth District Court of Appeals vacated a domestic-violence civil protection order (DVCPO) that a Cuyahoga County domestic-relations magistrate had entered against G.S. following a full hearing. The court reviewed the record and concluded the petitioner, R.S., failed to present sufficient, credible evidence by a preponderance that she was in danger of domestic violence. Because the appellate court found the evidence inadequate—R.S.’s uncorroborated testimony, impeachment by exhibits, and competing testimony and exhibits from G.S.—the DVCPO was vacated and the case remanded for notification that the order is no longer in effect.

The Twelfth District Court of Appeals vacated a juvenile-court order that had granted visitation rights to the paternal grandfather because the juvenile court in Madison County lacked subject-matter jurisdiction to decide a grandparent-visitation claim under R.C. 3109.11. The appellate court reviewed statutory text and Ohio Supreme Court precedent establishing that only the common pleas general division has jurisdiction under R.C. 3109.11 and that juvenile courts have only the powers expressly granted by statute. Because Madison County's juvenile division has not been granted the common-pleas division's powers, the visitation judgment was void and therefore vacated.

The Ohio Court of Appeals vacated a trial-court default judgment and receivership appointment entered against Janiene Johnson in a public-nuisance action brought by Community Gain. The court found that the affidavit supporting Community Gain’s request for service by publication did not identify the efforts taken to locate Johnson or show her address could not be ascertained with reasonable diligence, as required by Civ.R. 4.4 and R.C. 2703.14. Because service by publication was therefore improper, the trial court lacked jurisdiction and the default judgment is void; the matter is remanded for further proceedings.