Court Filings

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 Illinois Appellate Court (3rd District) answered a certified question about whether a litigant granted a full fee waiver under Illinois Supreme Court Rule 298 is also entitled to a waiver of court reporter transcript costs. The court held that Rule 298 incorporates the waiver terms of 735 ILCS 5/5-105(a)(1), and following the Second District’s reasoning in In re Marriage of Main, concluded that transcript costs necessary for an appeal fall within the waivable "fees, costs, and charges." The case is remanded for the trial court to identify which transcripts are necessary and to provide them to the appellant without charge.

The Appellate Division, Fourth Department affirmed Supreme Court’s grant of summary judgment dismissing plaintiff’s dental malpractice complaint against the Deol defendants. Plaintiff sued for injuries from root canals performed by an endodontist, Dr. Taggar, who practiced at premises operated by the Deol defendants. The court concluded Taggar was an independent contractor, not an employee, and the Deol defendants neither controlled his professional work nor actually supervised him, so they are not vicariously or directly liable. Plaintiff’s opposition lacked admissible evidence to create a triable issue of fact.

The Appellate Division, Fourth Department affirmed a Supreme Court order dismissing plaintiff Varma's complaint against Allstate and Wayne LeVan. The court held the complaint was barred by res judicata because the claims — challenging termination and asserting breach based on the same agency agreement and incorporated supplement — either were raised or could have been raised in an earlier action between the same parties. The court also held that the prior dismissal and the denial of leave to amend had preclusive effect because the new complaint mirrors the proposed amended pleading previously rejected on the merits.

The Appellate Division, Fourth Department reversed the trial court's dismissal of a personal injury complaint brought under New York's Adult Survivors Act (CPLR 214-j). The plaintiff alleged sexual abuse by a Syracuse University employee while he worked at a university-affiliated fraternity house. The court held the amended complaint sufficiently pleaded lack of consent and therefore alleged conduct that would constitute a Penal Law sex offense, so the claims were timely revived under the ASA. The case is remitted to Supreme Court for consideration of other dismissal grounds the lower court did not decide.

The defendant appealed from a Supreme Court (Onondaga County) order denying his motion to vacate a default judgment in a mortgage foreclosure action. While the appeal was pending, the defendant and plaintiff’s attorney signed a stipulation of discontinuance in February 2026. The Appellate Division consequently dismissed the appeal without costs on April 24, 2026. The court did not reach the merits of the underlying motion to vacate because the parties stipulated to discontinue the action.

The Appellate Division dismissed an appeal and cross-appeal in an Erie County civil action between Sycamore Maple Family Ltd. Partnership and James F. Jerge. The parties filed a stipulation of discontinuance on April 2, 2026, and the court ordered the appeals dismissed without costs on April 24, 2026. No opinion on the merits was issued because the case was discontinued by the parties.

The Appellate Division, Fourth Department, unanimously affirmed a lower court order denying plaintiff Jeremiah Smith's motion for leave to amend his complaint against the City of Buffalo, its police department, and unnamed officers. The appeal challenged Supreme Court (Erie County)'s November 12, 2024 decision refusing permission to amend, but the appellate court found no reversible error and denied relief. The appellate decision is brief and affirms the trial court's exercise of discretion without further elaboration in the slip opinion.

The Appellate Division affirmed a divorce judgment, modifying it to reduce the required life insurance the husband must carry from $750,000 to an amount equal to the remaining unpaid maintenance and allowing a declining term policy. The court upheld the equitable distribution, the sale of marital real estate, the maintenance award (including using the statutory income cap), and the attorney-fee award, rejecting claims of dissipation and insufficient property valuation. The cross-appeal succeeded only on the life-insurance security amount, which the court held should track the unpaid maintenance balance and decline as payments are made.

The Appellate Division dismissed both the appeal and cross-appeal in a divorce action concerning the equitable distribution of marital property. The appeals arose from a September 19, 2024 Supreme Court order in Livingston County that, among other things, distributed the parties' marital assets. The appellate court issued a unanimous order dismissing both matters without costs and referenced a companion memorandum decision in a related appeal. No substantive reversal or modification of the lower court's distribution is contained in this short order.

The Appellate Division, Fourth Department affirmed an order of the Court of Claims that granted the administrator of Kaazim Freeman’s estate leave to amend her wrongful-death claim against the State and denied the State’s motion to dismiss. The court held that the proposed amendments related back to the original claim for statute-of-limitations purposes because they arose from the same occurrence — Freeman’s unexplained death in state custody — and that the State failed to show prejudice from the delay. Consequently, amendment was properly allowed under CPLR 3025 and CPLR 203(f).

The Appellate Division, Fourth Department unanimously affirmed a March 28, 2025 Oswego County Court order classifying defendant Alexander R. Watros as a Level Two sex offender under New York's Sex Offender Registration Act (SORA). The court reviewed the county court's risk-level determination and found no basis to disturb it. Because the Appellate Division affirmed, the Level Two classification and its attendant registration and community-notification requirements remain in effect.

The Appellate Division, Fourth Department affirmed defendant Terrell L. Walker's conviction for driving while ability impaired. The court had previously reserved decision and remitted the case to Monroe County Court to resolve whether the People were required to obtain DMV refusal-hearing transcripts or recordings under the statutory discovery and whether any failure violated defendant's speedy-trial rights. On remand the court denied the motion to dismiss, and this court upheld that ruling, concluding the DMV materials were not in the prosecution's possession or deemed to be in possession and thus were not required to be obtained or listed in the certificate of compliance.

The Appellate Division, Fourth Department reversed a conviction entered after defendant pleaded guilty to weapons and drug possession because the court improperly required defendant to waive his right to appeal as a condition of a court-initiated plea and because the trial court erred in denying suppression of physical evidence. The panel found the waiver invalid and concluded that the prosecution failed to prove defendant voluntarily consented to the frisk and search; body-worn camera footage contradicted the officer's testimony. The plea was vacated, the suppression motion granted, the indictment dismissed, and the case remitted for CPL 470.45 proceedings.

The Appellate Division, Fourth Department affirmed defendant Bounleaung Thanthima’s convictions for predatory sexual assault against a child and endangering the welfare of a child. On appeal the defendant argued the jury heard evidence of oral sexual acts not specifically described to the grand jury, alleged prosecutorial misconduct, and ineffective assistance of counsel. The court held the indictment and bill of particulars were broad enough to cover the testimony, found the claimed prosecutorial errors either unpreserved or harmless, and determined defense counsel’s choices were strategic and did not amount to ineffective assistance. The sentence was upheld as not unduly harsh.