Court Filings

The court dismissed Hasan Howard’s petition for a writ of mandamus challenging a Lake County judge’s failure to quash a warrant or promptly hold a community-control violation hearing while Howard remains in federal custody. The judge granted the respondent’s motion to dismiss under Civ.R. 12(B)(6), concluding Howard cannot show a clear legal right to relief because Ohio law tolls community control while an offender is confined, and the interstate detainer statute does not require a prompt hearing for probation or community-control violations. The court also relied on due-process precedent holding no right to an immediate hearing before custody on the detainer has occurred.

The court dismissed H&S Investment Properties, LLC’s petition for a writ of mandamus seeking to force the Ashtabula County Auditor to change the owner name on the county tax list to match an affidavit recorded under R.C. 5301.252. The court held that the recorder’s affidavit statute does not itself create a right to change tax-roll entries and that the auditor’s duty under R.C. 319.28 is to compile the tax list, not to alter it based on a recorded affidavit. Because Relator cannot show a clear legal right or corresponding clear legal duty by the auditor, mandamus relief was unavailable and the petition was dismissed; the summary-judgment motion was denied as moot.

The Court of Appeals affirmed the Trumbull County Common Pleas judgment ordering the condominium association and unit-owner defendants to specifically perform a 2014 settlement agreement requiring stabilization and restorative work on a shared wall. The trial court had granted plaintiff Owen summary judgment on enforceability after finding no competent evidence that the agreement was mutually rescinded or impossible to perform. The court limited Owen’s liability to her original pro rata share of estimated 2014 costs and denied attorney fees. The appeals court found no error in granting specific performance.

The court affirmed the municipal small-claims judgment for defendant Jenna Nelson after a bench trial. Plaintiff Stephanie Milton sued Nelson for breach of contract and civil damages under Ohio cruelty statutes, alleging her adopted mustang lost significant weight and training while boarded with Nelson. The trial court found insufficient evidence that Nelson failed to provide proper nourishment or training, and the appellate court held that the trial court did not lose its way in weighing testimony and evidence. The court also rejected Milton’s claim that the case should have been moved off the small-claims docket, noting Milton chose that forum and sought only $6,000.

The Court of Appeals dismissed Thomas Crain’s appeal for lack of jurisdiction. Crain had appealed from post-trial documents related to a magistrate’s decision and a later trial-court entry adopting that decision. The appellate court found the filings attached to the notice of appeal were irregular: the magistrate’s paper was a dispositive magistrate’s decision, and the trial-court paper merely incorporated that decision but did not itself enter a separate, signed judgment specifying relief. Because the trial court failed to enter a final, independent judgment determining all claims, the appeal cannot proceed.

The Ohio Fifth District Court of Appeals affirmed a 90-day jail sentence plus two years of community-control supervision imposed on Aaron Hoover after he pled guilty to a first-degree misdemeanor domestic-violence offense. The court reviewed whether the trial court abused its discretion in sentencing and concluded the sentence was within statutory limits and not unreasonable. The trial judge considered the presentence report, victim injury, the defendant’s alcohol issues, and the use of a firearm; the appellate court found no affirmative showing the trial court failed to consider required factors.

The Seventh District Court of Appeals affirmed the Noble County Common Pleas Court's October 28, 2025 denial of Daniel T. McElfresh’s motions seeking return of $475 and contempt against the sheriff. McElfresh had pleaded guilty to aggravated possession and later claimed money seized in 2021 was never returned. The record and sheriff jail records showed the $475 was placed in McElfresh’s commissary account on March 8, 2021, and the remaining funds were applied to outstanding jail fees. Because the money had been returned and applied to McElfresh’s debt, the trial court did not abuse its discretion in denying relief.

The Court of Appeals reversed a municipal court order that had set aside a default judgment entered for Shelter Mutual Insurance Company against Dajuan Henry Jones. SMIC had obtained default judgment after certified-mail service to an address; Jones later moved to vacate the judgment claiming improper service, mistaken identity, and that he only learned of the case months later. The appeals court found Jones presented insufficient evidence to rebut the presumption of proper service but was entitled to an evidentiary hearing on the service issue; it also held Jones’s Civ.R. 60(B) motion was untimely and remanded for denial of relief under that rule and for a hearing only on service.

The First District Court of Appeals affirmed the trial court’s grant of summary judgment for UC Health, LLC in Danielle Drake’s wrongful-termination suit. Drake, an at-will social worker, was fired after she accessed a patient’s protected health information (PHI) without a legitimate business reason while attempting to report a coworker’s suspected HIPAA violation. The court held that UC had an overriding legitimate business justification—enforcement of its strict policy forbidding unauthorized PHI access—and Drake failed to show that termination was pretextual.

The Court of Appeals affirmed the conviction and sentence of Mashhud Petaway for felonious assault following a jury trial. Petaway challenged pretrial identification, admission of firearm photographs from his phone, limitations on cross-examination of the victim about mental health, sufficiency and weight of the evidence, cumulative error, the Reagan Tokes sentencing law, and imposition of firearm specifications. The court upheld the trial court’s rulings, finding the photographic evidence admissible (or harmless if not), the limitation on cross-examination permissible without a proffered nexus to impairments, the evidence sufficient and not against the weight of the evidence, and the sentencing (including firearm specifications) lawful under Ohio precedent.

The Court of Appeals affirmed the trial court's judgment convicting Daryl Anderson Dillard after he pleaded guilty to aggravated vehicular homicide, aggravated vehicular assault, vandalism, and one count of OVI. Dillard argued his trial counsel was ineffective for permitting guilty pleas instead of no-contest pleas because guilty pleas waived his ability to appeal the denial of his suppression motion. The appellate court held Dillard failed to show prejudice or deficient performance: the record did not show the State would have accepted no-contest pleas on the same terms and there is no evidence what advice counsel gave, so any off-the-record claims must be raised in post-conviction proceedings.

The Montgomery County Court of Appeals affirmed the convictions and sentence of Robert Crowder Jr. after a jury trial. Crowder was convicted of trespass in a habitation, breaking and entering (merged for sentencing), forgery of an elderly person’s deed, tampering with records, and two counts for false representation as an attorney. The court held there was sufficient evidence and that the verdict was not against the weight of the evidence because J.C. and his electrician came to the house while Crowder remained there. The court also rejected Crowder’s challenge to merger of the forgery and record-tampering counts, finding separate victims (J.C. and the government).

The Court of Appeals affirmed the defendant Precious Carmichael’s convictions following a jury trial for strangulation (fourth-degree felony) and child endangering (first-degree misdemeanor). Carmichael had sought jury instructions on a reasonable parental-discipline defense and moved to exclude certain prior-bad-acts evidence; she also challenged sufficiency/weight of the evidence and alleged ineffective assistance. The appellate court found no abuse of discretion in denying the instruction or excluding evidence, concluded the State presented legally sufficient and not-contradicted evidence (including the child’s testimony, bruising and a cord pattern of injury), and rejected the ineffective-assistance claim.

The Ohio Second District Court of Appeals affirmed Chelsey Lynn Boggs’s conviction and sentence for two counts of fentanyl possession after she violated intervention in lieu of conviction. The trial court terminated ILC, found her guilty and imposed three years of community control, including a residential term at the West Central community-based correctional facility. Boggs argued the West Central requirement was unnecessary and that the court erred by not obtaining a professional assessment first. The appellate court held the requirement was authorized, found no statutory mandate requiring a pre-sentence assessment for that residential sanction, and noted the issue may be moot if she already completed the program.

The Ohio Court of Appeals affirmed a trial court default judgment in favor of Pheasant Ridge Association, Inc. in its foreclosure action against property owner Jeremy Harper for unpaid association assessments. Harper, who was served with the complaint, failed to file an answer or otherwise respond; the Association moved for default judgment and submitted an affidavit of account, its declaration, and its certificate of lien. The appellate court held the trial court did not abuse its discretion in granting default judgment because Harper forfeited defenses by failing to respond and provided no evidence to dispute the Association’s proofs.

The Montgomery County Court of Appeals affirmed the juvenile court’s decision to grant legal custody of six-year-old P.W. to her father. The child had been adjudicated neglected and dependent after the mother’s arrest and unsafe home conditions; the mother later entered residential drug treatment and had interrupted in-person contact. The father completed assessments and a home study, developed a consistent visitation schedule, and showed stability. The appellate court found the juvenile court reasonably applied Ohio’s best-interest factors and concluded legal custody to father was supported by the preponderance of the evidence.

The Ohio Court of Appeals affirmed the juvenile court’s judgments granting permanent custody of three children (C.P., M.R., and C.R.) to the Montgomery County Department of Jobs and Family Services – Children Services Division (MCCS). MCCS had removed the children for neglect and dependency, obtained temporary custody, and later moved for permanent custody. The court found by clear and convincing evidence that reunification with the mother was unlikely in the foreseeable future and that awarding permanent custody to MCCS was in the children’s best interests, given the children’s behavioral needs, the mother’s inconsistent engagement with services and visits, housing and stability concerns, and exposure to a known substance user.

The appellate court reversed the trial court’s grant of leave allowing Kettering Medical Center (KHBMC) to amend its answer shortly before trial to assert immunity under R.C. 2305.51(B), and it reversed the trial court’s subsequent grant of summary judgment to KHBMC. The court held the trial court abused its discretion in permitting the last-minute amendment and reopening discovery because the amendment was untimely, unexplained, and prejudicial. The court also found genuine factual disputes existed about foreseeability, precautions taken, and whether the patient’s conduct constituted an explicit threat, so summary judgment on statutory immunity was improper.

The Seventh District Court of Appeals affirmed Dean Dominique Gore’s convictions for engaging in prostitution and possession of criminal tools arising from an undercover online sting. Police posted an ad, Detective Haueter communicated with Gore by text and provided a false rendezvous location; officers observed Gore’s vehicle acting like it was searching for the address, stopped and arrested him, seized his phone, and later obtained his consent to search it. The court held the stop and seizure were supported by reasonable suspicion and probable cause, the phone seizure and subsequent consented search were lawful, and the evidence supported the convictions.

The Sixth District Court of Appeals affirmed Dennis Thompson Jr.’s conviction for strangulation following a jury trial in Fulton County. Thompson was acquitted of domestic violence but convicted under R.C. 2903.18(B)(3) after the victim and witnesses testified that Thompson gripped the victim’s neck, causing pain, difficulty breathing, and visible bruising. The court held the evidence was legally sufficient and the verdict was not against the manifest weight of the evidence, rejecting defense arguments about inconsistent witness accounts, lack of expert medical proof, and brief contact with the victim’s neck.

The Ohio Sixth District Court of Appeals affirmed Anthony Mitchell’s convictions for aggravated murder, murder, felonious assault, aggravated burglary, and strangulation following a jury trial. The court found sufficient evidence linking Mitchell to the killing—most importantly, Mitchell’s DNA was found under the victim’s left fingernails and a new scar near his eye supported a struggle—so a rational juror could find him guilty beyond a reasonable doubt. The court also rejected arguments that strangulation should have merged with aggravated murder, found the bill of particulars claim forfeited without prejudice, and rejected ineffective-assistance claims.

The Ohio Court of Appeals affirmed the trial court’s sentence of 8 to 12 years imprisonment after defendant Antonio Castaneda pled guilty to one count of felonious assault. Castaneda argued on appeal that the trial court improperly relied on a supposed lack of remorse when imposing an above-minimum sentence. The appeals court found the remorse determination falls within the nonexhaustive factors courts may consider under R.C. 2929.12 and is not subject to reversal as contrary to law; the court distinguished the case relied on by defendant and upheld the sentence based on the defendant’s violent history, the injuries to the victim, and the allocution. Costs of appeal were assessed to Castaneda.

The Ohio Fifth District Court of Appeals affirmed the trial court’s denial of Anthony Sanchez’s August 2025 post-sentence motion to withdraw his 2016 guilty pleas. Sanchez claimed his trial lawyer withheld discovery and misled him about the State’s evidence, amounting to ineffective assistance. The appellate court found Sanchez’s second motion barred by claim preclusion because he had raised ineffective-assistance claims in a prior 2022 motion and had not shown the discovery was newly discovered. The court also held the submitted affidavits and documents were insufficient to show a fundamental unfairness requiring withdrawal.

The Ohio Fifth District Court of Appeals affirmed the municipal-court conviction of Tangie Goodson for operating a vehicle while under the influence. Goodson argued her trial lawyer was ineffective because a motion to suppress was filed late and denied without a hearing, after which she pled no-contest. The appeals court found counsel’s delay was deficient under the rules, but concluded Goodson could not show prejudice: the traffic stop and officer observations justified tests, admissible lay observations would remain even if test results were suppressed, and the breath-test evidence was not necessary to the conviction. Therefore the conviction was affirmed.

The Ohio Supreme Court reversed the Ninth District and trial court, holding that NC Enterprises did not prove adverse possession of two narrow parcels owned by Norfolk Southern Railway. Although NC Enterprises performed regular lawn and landscape maintenance beginning in 1998 and later erected a fence and drainage in 2000 and 2011, the court concluded the required 21-year period must have begun on or before July 22, 1999. Maintenance alone before the fence was not open and notorious enough to put the title owner on constructive notice, so NC Enterprises failed to meet the open-and-notorious element by clear and convincing evidence.

The Ohio Court of Appeals reversed the trial court’s grant of class certification in Stewart v. Farmers Insurance. The plaintiff insured’s vehicle was declared a total loss and Farmers invoked a court-ordered, binding appraisal provision in the policy. The appraisal produced a higher actual-cash-value award, which Farmers paid. The appellate court held that because the appraisal award resolved the plaintiff’s individual contract claim before class certification, the controversy was moot and the entire action — including class claims — had to be dismissed. The court declined to apply the “pick-off” exception because the payment resulted from an enforceable contractual appraisal, not a unilateral settlement tactic.

The Eighth District Court of Appeals affirmed the trial court’s denial of Michael Riley’s application for postconviction DNA testing of six shell casings. Riley sought new collection and testing based on improved DNA collection techniques, but the court found he implicitly conceded that no “parent sample” (an existing collected sample of biological material containing human DNA) remains. Ohio law requires a parent sample to accept a DNA-testing application. Because Riley sought creation of a new sample from the casings rather than testing an existing parent sample, the statutory prerequisites were not met and the application was properly denied.

The Ohio Court of Appeals affirmed the trial court’s denial of Mike Jones’s untimely, successive petition for postconviction relief and his motion for leave to file a motion for new trial. Jones argued newly discovered materials — an internal prosecutor memorandum and a 2024 affidavit from Larissa Taylor — would have supported his self-defense theory or shown Brady suppression. The court held Jones failed to show he was unavoidably prevented from discovering the evidence, that the memorandum was admissible or material, or that Taylor’s affidavit would undermine confidence in the jury’s verdict. The court therefore lacked jurisdiction to grant relief and denied the motions.

The Eighth District Court of Appeals affirmed the trial court’s judgment in State v. Griffin. Griffin challenged a juvenile court’s probable-cause bindover and the imposition of a sentence that included both prison terms and a no-contact condition. The court held Griffin waived his challenge to the bindover by pleading guilty and did not separately raise or preserve a claim that his plea was invalid. The court also held there was no plain error in imposing a no-contact condition because the no-contact term was part of the negotiated plea agreement and Griffin invited any error by accepting the bargain. The convictions and 14-year aggregate sentence were affirmed.

The Ohio Eighth District Court of Appeals affirmed John Centers’s 66-month prison sentence after he pleaded guilty to amended unlawful sexual conduct with a minor, tampering with evidence, and gross abuse of a corpse. Centers argued on appeal that the tampering and corpse-abuse convictions should have merged for sentencing because they arose from the same conduct. The court applied merger statutes and plain-error review, concluded Centers did not meet his burden to show the offenses were allied, and held the record supported separate sentences because the conduct could reflect distinct acts and import.