Court Filings

The Court of Appeals granted a writ of mandamus directing Cuyahoga Common Pleas Judge Kevin J. Kelley to follow this court’s prior mandate in JTC Solutions I. Relator JTC Solutions had argued the trial court failed to conduct the additional factfinding and explain the evidence supporting its ruling after this court reversed the trial court’s initial voiding of an arbitration clause. The appellate court found the January 5, 2026 entry granting arbitration ignored the express remand instructions to (1) inquire whether the arbitration clause is enforceable and applies to each claim and (2) state findings and evidence. The court denied the judge’s motion to dismiss and ordered compliance.

The Fifth District Court of Appeals affirmed Jack L. Bookhamer Jr.’s conviction for domestic violence following a jury trial in Mount Vernon Municipal Court. Bookhamer argued his verdict was against the manifest weight of the evidence because the State failed to disprove his claim of self-defense. The court reviewed competing witness accounts, assessed credibility, and found objective evidence (photographs and officer observations of injuries to the victim but not to appellant) supported the jury’s conclusion that Bookhamer was the aggressor. The court held the jury did not lose its way and affirmed the conviction and sentence.

The Fifth District Court of Appeals affirmed the Canton Municipal Court's judgment granting DNW Properties possession of rental premises and denying tenant David Tucker a jury trial in a forcible entry and detainer action. DNW served termination notices and filed the eviction complaint; Tucker was served and filed a jury demand after the statutory deadline. The appellate court held that R.C. 1923.09(A) — which requires a jury demand on or before the return day of the summons in forcible entry and detainer proceedings — is constitutional and that Tucker waived his jury right by failing to timely demand it.

The Ohio Fourth District Court of Appeals affirmed the Ross County Common Pleas Court's judgment revoking community control and imposing a 36-month prison term for Kirby Smith after finding multiple violations. Smith argued the trial court wrongly denied his mid-hearing request to proceed pro se and denied a continuance to obtain private counsel. The appellate court held both rulings were within the trial court’s discretion: Smith's invocation of the right to self-representation was untimely and the court properly balanced disruption and prior opportunities, and the denial of a continuance was not an abuse of discretion under the Unger factors.

The Fourth District Court of Appeals affirmed two Washington County trial-court rulings involving David S. Wiggers, Sr. In Case No. 25CA5 the court upheld his bench conviction for fourth-degree domestic violence, finding the State proved he knowingly attempted to cause physical harm by swinging an axe handle at his brother. In Case No. 25CA10 the court affirmed revocation of Wiggers’s community control and the imposition of a 15-month prison term after he refused to sign community-control terms and admitted the violation. The court relied on witness testimony, medical records, appellant's inconsistent statements, and the sentencing record.

The Ohio Fourth District Court of Appeals affirmed Richard Turner’s convictions for attempted murder (reduced charge), felonious assault, and breaking and entering following a jury trial. Turner argued insufficient evidence and that the verdicts were against the manifest weight of the evidence. The court reviewed the record, testimony (including the deputy victim, medical witnesses, and Turner’s statement), and applicable Ohio law, concluding the jury reasonably found Turner lured the deputy into a swamp, resisted arrest, grabbed the deputy’s radio, and placed him in a chokehold that led to near-drowning and serious physical harm. The court found the convictions supported by the evidence and not a miscarriage of justice.

The Fourth District Court of Appeals affirmed the Adams County Court's February 5, 2025 judgment granting Joyce Mapes a forcible entry and detainer (eviction) against Ewing “Toby” Gibbs and denying Gibbs' counterclaim asserting ownership under a $45,000 land contract. Gibbs argued the county court lacked jurisdiction and the case should have been transferred to the common pleas court. The appellate court reviewed jurisdiction de novo, relied on statutes authorizing county courts to decide contract-based equitable remedies, and followed precedent holding such courts may adjudicate contract enforcement tied to a possession action, so no transfer was required.

The Fourth District Court of Appeals reviewed Husband Darrell L. Nichols Jr.’s appeal from a Pike County domestic relations judgment resolving competing post-divorce motions. The court overruled Husband’s challenges to the denial of a continuance and to alleged improper service, finding service at the 2060 Schuster Road address and Husband’s participation made the hearing proper. However, the court concluded the trial court exceeded its authority by revaluing and redistributing two specific vehicles (a 2007 Toyota Tacoma and a 2005 Subaru Impreza) after the original decree had ordered all listed vehicles sold and proceeds divided. The judgment is therefore reversed in part and remanded for further proceedings on those vehicles.

The Ohio Supreme Court affirmed the Fifth District Court of Appeals’ dismissal of inmate Lewis Leroy McIntyre Jr.’s habeas petition seeking immediate release. The appeals court had dismissed the petition sua sponte for noncompliance with R.C. 2969.25(A) because McIntyre’s affidavit listing prior civil actions omitted required details for one listed case. McIntyre argued the case need not have been listed, but the Supreme Court held he voluntarily included it and therefore cannot complain under the invited-error doctrine. The dismissal was affirmed for failure to strictly comply with the statute.

The Ohio Supreme Court reversed the Eighth District Court of Appeals and held that the City of Cleveland retained political-subdivision immunity for the drowning death of William Johnson at a city pool. The executor sued claiming the use of a low folding chair instead of an elevated lifeguard chair amounted to a “physical defect” on pool grounds under R.C. 2744.02(B)(4), which would remove immunity. The high court concluded that choosing one chair over another is not a tangible imperfection that impairs the function of pool grounds or equipment, so the statutory exception did not apply and summary judgment for the city must be entered.

The Ohio Supreme Court reviewed disciplinary proceedings against attorney Javier Horacio Armengau arising from his criminal convictions for rape, kidnapping, gross sexual imposition, sexual battery, and a misdemeanor public indecency. The Board of Professional Conduct had found those convictions established violations of professional-conduct rules and recommended permanent disbarment. The court rejected Armengau’s objections — including attempts to relitigate his criminal convictions, to introduce a polygraph, and to rely on character evidence — and held certified convictions are conclusive in disciplinary matters. The court adopted the board’s findings and permanently disbarred Armengau to protect the public and preserve professional integrity.

The Tenth District Court of Appeals affirmed the Franklin County Court of Common Pleas' dismissal of Haneef Muhammad’s complaint against PNC Financial Services. Muhammad sued PNC for claims arising from a 2023 bank-branch incident. The trial court granted PNC’s Civ.R. 12(B)(6) motion, concluding res judicata barred the claims because Muhammad previously sued PNC in federal court and that court dismissed several claims for failure to state a claim. The appellate court found the federal dismissal on those claims to be an adjudication on the merits under Ohio precedent, so the state action was precluded and the trial court’s dismissal was proper.

The Fifth District Court of Appeals affirmed the trial court’s denial of Anthony Cooper-King’s motion for leave to file a petition for postconviction relief. Cooper-King had been convicted of several drug-possession offenses and filed the postconviction materials more than 365 days after the trial transcript was filed in his direct appeal. The appellate court held the petition was untimely, Cooper-King failed to show he was unavoidably prevented from discovering the facts supporting his claims, and his claim that retained appellate counsel failed to timely file postconviction documents did not excuse the statutory deadline.

The Ohio Fifth District Court of Appeals affirmed Preston D. Jefferson's convictions after a jury trial for possession of over 100 grams of cocaine with a major drug offender specification and operating a vehicle while under the influence. The stop, inventory search of Jefferson's truck, body-camera footage, narcotics testing, and field-sobriety observations supported the convictions. The court found the evidence — including a large brick of cocaine in a compartment behind the driver's seat, drug paraphernalia within reach, traffic infractions, and poor performance on sobriety tests — did not create a manifest miscarriage of justice.

The Seventh District Court of Appeals affirmed the Harrison County Court's judgment granting Cedar One Properties possession of rental premises after finding tenant Isis Rudolph breached her lease by failing to pay rent. Rudolph argued various due-process, bankruptcy-stay, and disability-accommodation defects, and contended the bankruptcy court's order lifting the automatic stay was void. The appellate court found many issues involved the federal bankruptcy proceeding (beyond its jurisdiction), noted Rudolph's briefing and record deficiencies (no trial transcript, App.R. violations), and concluded the eviction was authorized because the bankruptcy court had granted relief from the stay limited to pursuing eviction.

The court dismissed a mandamus complaint filed by Davontez Otis seeking an order compelling a judge to calculate jail-time credit in his underlying criminal case. Otis argued the calculation was ministerial and that appeal would be inadequate because his 90-day jail term would expire before appellate review. The court held that the statute governing jail-time credit grants the sentencing court discretion to grant or deny credit, so mandamus is not available to control that discretion; furthermore, an appeal (with a stay request) is an adequate remedy. The writ was dismissed and costs were assessed to Otis.

The Fifth District Court of Appeals affirmed the Stark County Common Pleas Court's dismissal without a hearing of Nicole Perenkovich's petition for post-conviction relief. Perenkovich argued trial counsel was ineffective for not subpoenaing a stepsister to testify, for failing to use Snapchat photos to impeach police testimony about an unoccupied bedroom, and for not using a phone record to impeach testimony about a jail-call. The appellate court found the submitted affidavits and exhibits did not provide sufficient, authenticated operative facts showing counsel's performance was deficient or that the outcome would likely have changed, so no evidentiary hearing was required.

The Ohio Supreme Court reversed the Eighth District and held that a police officer lawfully extended a traffic stop to verify the driver’s license status even after the original basis for the stop (a believed inoperable headlight) was shown to be mistaken. Officer Rose stopped Quentin Fips for a presumed faulty headlight, learned Fips did not have his license, obtained identifying information, and then confirmed through dispatch that Fips’s license was suspended and a warrant existed. The Court ruled the additional inquiry was reasonable under the Fourth Amendment and that Fips’s failure to produce a license gave new reasonable suspicion to continue the stop.

The Ohio Supreme Court affirmed the Tenth District Court of Appeals’ dismissal of inmate Patrick O. Stokes’s mandamus action seeking copies of an electronic kite and its response. Stokes filed the action against A. Combs but, in the affidavit required by R.C. 2969.25(A), failed to provide the case numbers for three appeals he said he filed within the prior five years. The court held that the statute requires strict compliance and that an inmate must list and describe all civil actions and appeals filed in the previous five years, including their case numbers, so dismissal was proper.

The Ohio Supreme Court granted in part and denied in part James Quinn’s mandamus request to compel Judge Douglas Rastatter to rule on filings in Quinn’s 2014 criminal case. Quinn had filed a petition for postconviction relief and a combined motion for leave to file a new-trial motion plus the new-trial motion itself in April 2024. Because the trial judge later denied the postconviction petition, the Court denied that part of the writ as moot. The Court held the judge must rule on the motion for leave to file a new-trial motion (Crim.R. 33(B)) but denied relief as to the substantive new-trial motion because the rules require the motions be decided sequentially.

The Ninth District Court of Appeals affirmed the Lorain County Common Pleas Court’s grant of summary judgment in favor of Nancy Vega, holding she is entitled to participate in the Ohio workers’ compensation system. Vega fell at work and injured her shoulder; the court concluded her fall was an “unexplained fall” under Waller v. Mayfield, meaning it arose from a neutral risk tied to the workplace. Because Vega eliminated idiopathic (personal) causes and there was no evidence of a non-employment cause, an inference arose that the injury was work-related. The BWC forfeited its challenge by not participating in initial briefing.

The Eleventh District Court of Appeals dismissed Jeffrey A. Swiecicki’s pro se appeal for lack of jurisdiction. Swiecicki appealed a February 6, 2026 magistrate’s decision, but the court determined the decision was not a final, appealable order because the trial court had not yet adopted the magistrate’s decision or entered judgment disposing of all claims. Under Ohio law, only a judge’s final order is appealable; magistrate decisions remain interlocutory until the trial court acts. The court granted the appellee’s motion to dismiss and noted the appellant may appeal after a final judgment is entered in the trial court.

The Eleventh District Court of Appeals affirmed the trial court’s denial of Todd D. Campbell Sr.’s petition for postconviction relief. Campbell, who pleaded guilty in 2022 to aggravated vehicular homicide and OVI, sought to vacate his convictions in a 2025 filing asserting ineffective assistance of counsel, discovery violations, evidence tampering, and competency issues. The trial court found the petition untimely under Ohio R.C. 2953.21 and that Campbell failed to meet the statutory exceptions in R.C. 2953.23, and that his claims were barred by res judicata. The appellate court concluded Campbell did not show error in that ruling and affirmed.

The Court of Appeals affirmed the trial court’s grant of summary judgment to defendants-appellees and denial of plaintiffs-appellants’ summary judgment in a foreclosure action. Plaintiffs had executed and recorded a quitclaim deed in 2020 conveying the property to defendants and later sued in 2024 claiming an oral land-sale contract and unpaid installments. The court held plaintiffs lacked standing to foreclose because they held no recorded mortgage or lien, and the deed’s recited consideration barred use of prior oral agreements under the parol evidence and merger-by-deed rules. The judgment dismissing the case was affirmed.

The Court of Appeals affirmed the Lake County Court of Common Pleas’ grant of summary judgment for defendant-attorney David Patterson in Bruce Arnoff’s legal malpractice suit. Arnoff alleged Patterson’s representation in his federal habeas proceedings breached professional duties and caused dismissal of his habeas petition. The appellate court held there were no genuine issues of material fact: Patterson owed a duty but Arnoff failed to produce expert proof of breach or causation, and the federal petition’s untimeliness preceded Patterson’s retention. The court also rejected claims of improper joinder, discovery abuse, denial of jury trial, and judicial bias.

The Ohio Third District Court of Appeals affirmed the conviction and 17-month prison sentence of Allen Ochier for felony domestic violence arising from an altercation with his mother. The jury rejected Ochier’s self-defense claim and found prior domestic-violence conduct; the trial court sentenced within the statutory range. On appeal, the court rejected challenges that the verdict was against the weight of the evidence, that the prosecutor’s remarks deprived Ochier of a fair trial, that trial counsel was ineffective, and that the sentence was contrary to law. The court found the jury’s credibility determinations reasonable and the sentence supported by the record.

The Third District Court of Appeals affirmed the Marion Municipal Court conviction and sentence of Marquis D. Montgomery for telecommunications harassment. Montgomery had been charged after repeatedly sending unwanted texts to the mother of his children and her boyfriend despite warnings from them and police. He represented himself at trial after counsel withdrew, was convicted by a jury, and received community control with jail time. The appeals court rejected claims that the court lacked jurisdiction due to service defects, that the waiver of counsel and standby/hybrid representation were invalid, that evidence was insufficient, and that the court abused its discretion in denying a continuance.

The Ohio Third District Court of Appeals affirmed the Marion Municipal Court’s denial of Nicholas Meads’ 2025 request to expunge a 2019 disorderly conduct conviction. Meads had pleaded no contest in 2019 and later violated community control, resulting in a 10-day jail term. At the expungement hearing the prosecutor did not object, but the victim opposed expungement and described continued harassment. Meads presented no testimonial or documentary evidence. The trial court found the government’s interest in maintaining the record outweighed Meads’ interest, and the appeals court held the decision was supported by the record.

The Ohio Court of Appeals reversed the Marion Municipal Court’s denials of Nicholas Meads’s requests to seal two dismissed misdemeanor matters (domestic violence and violation of a civil protection order). The appeals arose after the trial court denied sealing following a hearing where the victim spoke and the State took no position. The appellate court held the trial court applied the wrong statute and improperly considered the victim’s statements when R.C. 2953.33 governs sealing of dismissed cases and limits the court to considering the movant’s submissions and any prosecutor objection. The matters are remanded for further proceedings under the correct statute.

The Ohio Court of Appeals affirmed the Bellefontaine Municipal Court conviction of Eric Lochtefeld for driving under an administrative suspension (R.C. 4510.14). The appeal challenged the weight of the evidence, ineffective assistance of counsel, and exclusion of evidence that Lochtefeld held a valid Florida license. The court found the Florida license irrelevant because Ohio suspension rules apply to Ohio driving privileges and are triggered when an arresting officer reads the suspension notice after a chemical-test refusal. The court concluded the jury reasonably found Lochtefeld had been told his Ohio privileges were suspended and counsel’s performance caused no prejudice.