Court Filings

The court affirmed Thurmell Maley’s conviction for public indecency after a bench trial where an officer observed her with her pants and underwear pulled down, urinating at a busy bus stop. The officer’s testimony and body-worn camera showed her exposed buttocks in an area with heavy pedestrian and vehicle traffic, satisfying the statute’s requirement that the conduct was likely to be viewed by and affront others. Because the trial court’s journal entry mistakenly listed the offense as a third-degree misdemeanor, the case is remanded for a clerical correction to reflect a fourth-degree misdemeanor conviction.

The Ohio First District Court of Appeals affirmed Demarius Jester’s conviction for resisting arrest (R.C. 2921.33(A)). The municipal court struck Jester’s motion to suppress as untimely; the appellate court held that striking the motion did not constitute an abuse of discretion because the motion was filed after the Crim.R. 12(D) deadline and the State’s late disclosure of additional body-worn camera footage occurred after the motion was filed. The court also upheld admission of an officer’s testimony about computer-generated warrant information as non-hearsay evidence of the officer’s belief, and found the evidence sufficient to support the conviction.

The court affirmed the municipal-court judgments dismissing misdemeanor charges against Darryl Brown because his statutory right to a speedy trial was violated. Brown was arrested November 8, 2024; discovery problems (a missing 9-1-1 call) and the State’s delayed response led to multiple continuances and a motion to compel. The trial court found the State caused significant delay, sanctioned the State, and ultimately dismissed the complaints after calculating that more than 90 days had run. The appellate court held the continuances necessitated by the State’s discovery failures were chargeable to the State and affirmed.

The First District Court of Appeals dismissed Charles Greenlee’s appeal for lack of jurisdiction. Greenlee, a pro se incarcerated litigant, had sought relief under Civ.R. 60(B) from a March 3, 2025 trial-court dismissal of his claims against Walmart, arguing his amended complaint should have been deemed filed earlier under the prison-mailbox rule. The appeals court held the March 3 dismissal was not a final order because it left claims against municipal defendants pending and did not include a Civ.R. 54(B)/54(B)/no-just-reason-for-delay certification; therefore the trial court’s April 24 denial of his motion was not appealable.

The Ohio Fifth District Court of Appeals affirmed the trial court’s judgments against Samantha Huff. Huff had pleaded guilty in three consolidated Richland County cases (drug possession, failure to comply with police, and OVI) and later admitted violations of community control after pleading guilty to a first-degree heroin possession charge. She argued her plea was involuntary because she had professed innocence and the court failed to perform an enhanced inquiry for an Alford plea, and that the probation violation was unsupported. The appellate court found the record showed a knowing, voluntary plea with a factual basis and sufficient evidence to revoke community control, so it affirmed.

The Ohio Supreme Court affirmed the Public Utilities Commission of Ohio’s orders adopting an independent auditor’s recommendations about the Power-Purchase-Agreement (PPA) Rider for AEP Ohio for 2018–2019. OCC and OMAEG argued the commission erred in finding the PPA Rider costs prudent, violated due process by denying a subpoena for a commission staff member, and applied the wrong standard for auditor independence. The Court held the commission reasonably credited evidence that a must-run strategy for OVEC coal units was prudent when chosen, that denial of the subpoena did not prejudice the parties because other witnesses covered the issues, and that the commission properly found no undue influence on the auditor.

The Ohio Fifth District Court of Appeals affirmed the Delaware County Common Pleas Court’s convictions and sentences of Billie Jo Kirven following her consolidated guilty pleas in two cases. Kirven argued the trial court convicted her without first accepting guilty pleas and that her pleas were not knowing, intelligent, or voluntary under Crim.R. 11. The appellate court reviewed the plea hearing transcript, found the record showed Kirven personally acknowledged and accepted the plea terms, received the required constitutional advisements, and that the court accepted the pleas after completing the advisements. The court held any irregular sequencing did not invalidate the pleas.

The Ohio Court of Appeals affirmed the Franklin County trial court’s grant of summary judgment to BMI Federal Credit Union and its award of attorney fees after Carl Medley sued over the repossession and sale of his Audi. The trial court found Medley’s claims—fraud, waiver based on prior acceptance of late payments, emotional distress, and punitive damages—unsupported by admissible evidence, and granted BMI its deficiency, fees, and costs. The appellate court agreed that the loan’s anti-waiver language allowed BMI to accept late payments without forfeiting its rights, that BMI validly repossessed and sold the vehicle, and that Medley failed to rebut BMI’s evidence.

The Tenth District Court of Appeals held that R.C. 5715.19(A)(6)(a), a statutory restriction that limited who could file undervaluation complaints based on arm’s-length sales occurring before (but not after) the tax lien date and exceeding specified thresholds, violated Ohio’s constitutional requirement that property be taxed by a uniform rule. The court found the provision systematically and intentionally departed from uniform valuation by treating some properties as immune from complaint. The court severed the unconstitutional clause, left the legislative-resolution requirement intact, reversed the Board of Tax Appeals decisions, and remanded the cases for further proceedings consistent with this opinion, while certifying a conflict to the Ohio Supreme Court.

The Tenth District Court of Appeals reversed the Board of Tax Appeals’ order that vacated a county board of revision decision and remanded to dismiss a taxpayer’s complaint. The court held that R.C. 5715.19(A)(6)(a) — a statutory condition barring third-party valuation complaints unless the property sold in an arm’s-length transaction before the tax lien date and the sale price exceeded listed value by 10% and a monetary threshold — violates Ohio’s constitutional requirement that land be taxed by a uniform rule. The court severed that subsection, left the legislative-resolution requirement intact, and certified a conflict to the Ohio Supreme Court.

The court reversed the Board of Tax Appeals (BTA), finding an Ohio statute, R.C. 5715.19(A)(6)(a), unconstitutional because it allowed different treatment of parcels for valuation complaints and thus violated the state constitutional requirement that land be taxed by a uniform rule. Appellant Bahorek had filed a complaint challenging a neighbor’s valuation; the county Board of Revision dismissed it under R.C. 5715.19(A)(6)(a). The appellate court held that the statute’s conditions on who may file and when (arm’s-length sale before the lien date and a 10%/threshold sales test) create systematic departures from uniform valuation, so the court severed that subsection, reversed the BTA, and remanded for further proceedings.

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 Ohio Eighth District Court of Appeals denied Latoya J. Yancy’s App.R. 26(B) application to reopen her direct criminal appeal. Yancy claimed appellate counsel was ineffective for not challenging various trial errors, including prosecutorial misconduct, failure to move to suppress, and failure to present mitigating evidence. The court found no record support that appellate counsel performed deficiently or that Yancy suffered prejudice; many issues had already been considered on direct appeal or lacked record evidence. Because the record did not show a colorable ineffective-assistance claim, the application to reopen was denied.

The Ohio Supreme Court reversed the First District Court of Appeals and remanded the case. The dispute involved C.E., an unmarried former partner who sought legal parental recognition of three children born to P.S. through artificial insemination. The First District had directed the trial court to determine whether the couple "would have been married" but for Ohio's pre-Obergefell ban on same-sex marriage and to apply R.C. 3111.95(A) if so. The Supreme Court held R.C. 3111.95(A) applies only to married spouses and that Obergefell and Pavan do not authorize retroactively rewriting that statute to cover unmarried couples.

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 dismissed Brian K. Woofter’s appeal for lack of jurisdiction. Woofter, criminally charged in municipal court for purchasing and selling alcohol to minors, had the charge dismissed and then sought return of six cases of alcohol seized by the sheriff. The trial court denied his motion but said it could be reconsidered if Woofter produced proof of purchase. The appellate court held that the denial was not a final, appealable order because it anticipated further action and did not affect a substantial right or foreclose effective relief on the motion.

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 Court of Appeals reversed a municipal court conviction for operating a vehicle under the influence (OVI) because officers lacked reasonable articulable suspicion to extend a traffic stop and administer field sobriety tests. Ingram was pulled over for an unlit rear license plate, admitted having a drink earlier, and officers testified to smelling alcohol from the vehicle, but there was no erratic driving, no notable eye or speech impairment, and body-cam statements conflicted about odor and signs of impairment. The appellate court held the totality of circumstances did not justify prolonging the stop, vacated the conviction, and remanded for further proceedings.

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.