Lorain County Appellate Decisions, December, 2013

The Court of Appeals for the Ninth Appellate District released 10 Lorain County decisions in December of 2013. My summaries of the decisions appear below:

State v. Stone, 2013-Ohio-5782, released on December 30, 2013, was an appeal from the Lorain County Court of Common Pleas. At issue was the amount of jail credit that Stone should have received against his jail sentence imposed as a community control sanction. The Court of Appeals dismissed the appeal and held that it did not have jurisdiction to hear the appeal. It did not have jurisdiction and that Stone should have raised the issue in an appeal from the judgement entry of conviction. 

King v. Carleton, 2013-Ohio-5781, released on December 30, 2013, affirmed a decision of the Lorain County Juvenile Court. The appeal was filed pro se and the appellate court stated in its decision that it had difficulty understanding all the issues that the mother of the child was raising. The appellate court affirmed the decision of the Lorain County Juvenile Court granting overnight visitation to the child's father and also finding that the mother was in contempt, but imposing no penalty. 

State v. Bales, 2013-Ohio-5780, released on December 30, 2013, affirmed the Lorain County Common Pleas Court's order dismissing the case against Bales pursuant to Crim. R. 48. In dismissing the case the trial court made the following findings and set them forth in its journal entry. These findings included: 1) successful participation in the judicially created diversion program, (2) payment of fines and court costs, (3) no pending criminal charges, (4) no dependence on alcohol or drugs, and (5) a positive recommendation from the adult probation department. The Court of Appeals held that dismissing a charge after making such findings was not an abuse of discretion. 

In re T.A., 2013-Ohio-5646, released on December 23, 2013, affirmed a decision of the Lorain County Juvenile Court terminating the parental rights of both the mother and father of two minor children. The mother raised one assignment of error and the father raised two assignments of error. All assignments of error were overruled. 

Camera v. Lorain Civ. Serv. Comm., 2013-Ohio-5644, released on December 23, 2013, affirmed a decision of the Lorain County Common Pleas Court which, in turn, had affirmed a decision of the Lorain City Civil Service Commission. The Commission had terminated Camera's employment as Street Commissioner following his conviction for theft and tampering with records, both of which were first degree misdemeanors. The trial court found that there was reliable, substantial, and probative evidence supporting the Commission's decision. The Court of Appeals agreed. 

State v. Liebling, 2013-Ohio-5491, released on December 16, 2013, affirmed a decision of the Lorain County Common Pleas Court granting a motion to suppress evidence. The State raised two grounds for its appeal. One was that the trial court's factual findings were not supported by the record and the other was that the trial court improperly considered an argument not raised in the defendant's motion but was raised in a prior motion. 

The Court of Appeals rejected both arguments. it noted that the trial court had considered the testimony of both the Trooper making the traffic stop and Liebling. It found Liebling's version of events more plausible. Since the trial court is in the best position to judge the credibility of witnesses. The Court also found that the issue of the drug dog's credibility had been raised in a prior motion, it was not the basis of the trial court's ruling suppressing the evidence.

Bank of New York Mellon Trust Co. v. Bowers, 2013-Ohio-5488, released on December 16, 2013, affirmed a trial court's denial of a motion to set aside a judgment filed pursuant to Civ. R. 60 (B). The trial court denied the motion because Mr. and Mrs. Bowers did not asset that they had a meritorious defense and therefore could not satisfy their burden under Civ. R. 60.  

State v. Spurlock, 2013-Ohio-5369, released on December 9, 2013, affirmed in part and reversed in part a decision from the Elyria Municipal Court. Spurlock argued that his warrantless arrest violated his due process rights. That argument was rejected. he also argued that the State failed to show that the field sobriety tests were done in substantial compliance with testing standards as required by 4511.19(D)(4)(b). The Court of Appeals reversed the trial court on that assignment of error. In doing so it rejected the State's argument that Spurlock's motion did not set forth an adequate factual basis for the suppression of the test on those grounds. The Court of Appeals found that the State, by failing to object in the Municipal Court, had waived that argument. 

State v. Guerra, 2013-Ohio-5367, released on December 9, 2013, affirmed Guerra's conviction for aggravated murder. Guerra argued that his conviction was against the manifest weight of the evidence and that the evidence was insufficient to support his conviction. Both of those assignments of error were overruled. The Court of Appeals also rejected his argument that the trial court had improperly allowed evidence of prior confrontations between Guerra and the victim or friends of the victim. Guerra argued that the evidence was inadmissible under Evid. R. 404 and 403. That argument was also rejected. 

Bremke v. Sherck, 2013-Ohio-5361, released on December 9, 2013, reversed a decision of the Lorain County Common Pleas Court granting a motion for summary judgment in a case involving a vacated street and whether or not the defendants had an easement over the vacated land. The appellate court found that there was a material issue of fact regarding this issue and that a motion for summary judgment should not have been granted.