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 Court of Appeals reversed the trial court’s denial of a motion to enforce a settlement agreement and remanded for further proceedings. The trial court had announced a settlement at an on-the-record hearing in which it expressly stated it would retain jurisdiction to enforce the agreement, but its subsequent journal entry omitted that retention of jurisdiction and did not incorporate the settlement terms. The appellate court held the journal entry did not reflect what occurred in open court and directed the trial court to issue a nunc pro tunc entry conforming the record to the hearing so the court can enforce the settlement terms.

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 reviewed a juvenile court’s orders on parenting time, modification of a shared-parenting plan, and a contempt finding. The appellate court affirmed most rulings: it upheld the denial of Mother’s motion to terminate the shared-parenting agreement and the juvenile court’s decision not to further modify parenting time based on the record and the guardian ad litem’s findings. However, the court reversed the contempt finding against Mother because she established a reasonable, good-faith basis for withholding Father’s parenting time due to concerns about his housing, utilities, and alleged substance use and she promptly sought court intervention. The remainder of the juvenile court’s orders were left intact.

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 Eighth District Court of Appeals reviewed an administrative appeal by Dr. Joseph Badie Abdelmalak challenging the Cuyahoga County Common Pleas Court’s affirmation of the State Medical Board of Ohio’s revocation of his medical license and $20,000 fine. The appeals court upheld most rulings but found reversible error because the common pleas court failed to determine whether the Board’s order was supported by substantial evidence as required by R.C. 119.12(N). The court affirmed that the Board did not improperly shift the burden of proof and did not deny due process by admitting a two-page ombudsman excerpt, but remanded for the common pleas court to assess the substantial-evidence question.

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 court dismissed relator Atravion Preston’s mandamus action seeking public records from the Lorain Correctional Institution and the Ohio Department of Rehabilitation and Correction. The magistrate concluded, and the court adopted that recommendation, that Preston failed to file with his complaint the written affirmation required by amended R.C. 149.43(C)(2). Because the statute mandates dismissal if that affirmation is not filed, the court granted respondents’ motion to dismiss, denied as moot the motion to strike, and dismissed the action without reaching the merits or statutory-damages arguments.

The Tenth District Court of Appeals denied Lorenza Barnette’s petition for a writ of mandamus and granted the Ohio Department of Rehabilitation and Correction’s motion for summary judgment. Barnette sought an order directing the Department to change its records to reflect that his June 28, 2021 entry imposed no prison sentence. The court concluded the 2011 judgment imposing two life-without-parole terms (plus additional consecutive terms) remains the operative sentence. The 2019 entry imposing post-release control was vacated on appeal and the 2021 entry only notified him of post-release control for kidnapping, not resentencing.

The Court of Appeals reversed the Court of Claims and remanded for further proceedings in a public-records dispute. Michael Newman sought 13 categories of records from the Greater Columbus Arts Council (GCAC) and its Film Columbus division. The Court of Claims had granted disclosure for three financial items under R.C. 149.431 but denied the rest after finding GCAC was not the functional equivalent of a public office under the Public Records Act. The appellate court held the lower court failed to adequately weigh the totality of the Oriana House factors (especially government involvement) and remanded for a fuller functional-equivalency analysis, while affirming the ruling on annual reports as non-R.C. 149.431 records.

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 Ohio Supreme Court reversed the First District and remanded the case. The court held that Article I, Section 10 of the Ohio Constitution (the state right-to-counsel clause) did not apply to Morris’s preindictment investigatory interview, because that provision applies to trials in court. The court also considered whether Morris invoked his Sixth Amendment right to counsel during the recorded interrogation after an initial waiver. It concluded Morris did not unambiguously and unequivocally invoke his federal right to counsel at the relevant point, so suppression under the federal Constitution was not required.

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.