Medina County Courthouse

Friday, December 06, 2013

Medina County Appellate Decisions for November, 2013

The Court of Appeals for the Ninth Appellate District issued three decisions for appeals from Medina County during the month of November. All three decisions were issued on November 12, 2013.Summaries of the decisions appear below. 

 Sunset Estate Properties, L.L.C. v. Lodi, 2013-Ohio-4973 reversed a decision from the Medina County Common Pleas Court that upheld a zoning ordinance in the Village of Lodi that declared a mobile home park lot vacant if it had not been rented for six months. Such a declaration meant that the Lodi Board of Public Affairs wouldn't extend utility service to such lots. The Court of Appeals found that the ordinance was facially unconstitutional. The Court of Appeals reversed the granting of a summary judgment to the Village of Lodi on the grounds that the section involved was unconstitutional. It remanded the case back to the trial court for further proceedings. 

State v. McDonald, 2013-Ohio-4972  affirmed a decision by the Medina County Common Pleas Court Mr. McDonald him of various sexual offenses including three counts of rape. McDonald alleged four assignments of error. They were that the trial court erred in allowing a witness to testify as an expert; that the verdict was against the manifest weight of the evidence; that the trial court erred in admitting hearsay testimony; and that the trial court erred when it denied a motion to sever the charges. 

State v. Garnett, 2013-Ohio-4971 affirmed a decision of the Medina County Common Pleas Court convicting Mr. Garnett of drug trafficking in an amount equal to or greater than bulk amount. The appeal was based on the argument that the State erred in only testing one of the alleged Oxycodone pills and that it should have tested more. The Court of Appeals affirmed the conviction and held that the State could test a random sample of the pills given that the pills were identical, carried the same markings, and were manufactured by a pharmaceutical company.  

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