Oct

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Each Friday, we highlight decisions of the First District Court of Appeals in the past week. For question about these cases, contact Vanessa Seeger.

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State of Ohio v. Saidou Sow
Case #C180502

Quote from Judge Mock's Opinion:

Petitioner-appellant Saidou Sow appeals the Hamilton County Common Pleas Court’s judgment denying his R.C. 2953.21 petition for postconviction relief. We affirm the court’s judgment.

Sow was convicted in 2016 upon no-contest pleas to aggravated vehicular assault and vehicular assault. We affirmed those convictions in the direct appeal. State v. Sow, 1st Dist. Hamilton No. C-160835 (Nov. 3, 2017). We later reopened that appeal and, in 2019, remanded for resentencing consistent with R.C. 2941.25. State v. Sow, 1st Dist. Hamilton No. C-160835, 2019-Ohio-3641.

In May 2017, while his initial direct appeal was pending, and within the time prescribed by R.C. 2953.21(A)(2), Sow challenged his convictions by filing with the common pleas court a petition under R.C. 2953.21 for postconviction relief. In June 2017, the court summarily “denie[d]” the petition for “lack of jurisdiction.” In December 2017, after we had affirmed his convictions in the direct appeal, Sow “refiled” his petition. And in January 2018, the court entered findings of fact and conclusions of law and denied the petition on the merits.

In this appeal, Sow presents two assignments of error that, read together, challenge the denial of his postconviction petition without an evidentiary hearing. We conclude that the common pleas court did not err in doing so.

In re: J.C.
Case # C180493

Quote from Judge Winkler's Opinion:

J.C. appeals from the judgment of the Hamilton County Juvenile Court adjudicating him a delinquent child for committing an act that would have constituted complicity to commit robbery had he been an adult. He argues that the evidence shows only that he was an innocent bystander and not a complicitor. For the reasons that follow, we affirm.

Lawrence E. Meehan v. John Howard Mardis, Lonnie G. Horn, TBG Properties, L.L.C., et al.
Case #C180406

Quote from Judge Crouse's Decision:

Plaintiff-appellant Lawrence E. Meehan has appealed the judgment of the trial court, arguing in one assignment of error that the court erred in granting partial summary judgment in favor of defendants-appellees John Howard Mardis and Lonnie G. Horn. For the following reasons, we affirm in part, reverse in part, and remand the cause for further proceedings.

State of Ohio v. Bryan Kanu
Case # C180585

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Following a bench trial, defendant-appellant Bryan Kanu was convicted of telecommunications harassment in violation of R.C. 2917.21 and sentenced to 180 days’ imprisonment. He appeals his conviction, raising eight assignments of error for our review.

Cincinnati Metropolitan Housing Authority v. Brandi Forte
Case #C180537

Quote from Judge Bergeron's Opinion:

In this landlord-tenant dispute, the trial court handed down a judgment that ruled in favor of both parties on certain claims, but offset those awards, which resulted in a net judgment in favor of the tenant for $1,940. The landlord, the Cincinnati Metropolitan Housing Authority (“CMHA”), dutifully appealed the judgment but neglected to seek a stay. In the meantime, the court released certain funds to the tenant, thereby fully satisfying the judgment. The complete satisfaction of the judgment without any stay (or attempted stay) renders these appeals moot, and we accordingly dismiss these appeals consistent with our prior case law.

State of Ohio v. Jack Brice
Case #C180504

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Defendant-appellant Jack Brice advances a single assignment of error on appeal, challenging the Hamilton County Common Pleas Court’s judgment overruling his 2018 “Motion to Vacate Void Sentence.” We affirm the court’s judgment as modified to dismiss the motion for lack of jurisdiction.

State of Ohio v. Steven Ward
Case #C180388

Quote from Judge Myers' Opinion:

Steven Ward appeals his convictions, following a bench trial, for failing to comply with an order or signal of a police officer and driving under a Financial Responsibility Act (“FRA”) suspension. Ward also appeals his conviction, following a guilty plea, for driving under a 12-point suspension.

Ward raises several issues on appeal—including challenges to the trial court’s proceeding with a bench trial, defense counsel’s failure to file a timely jury demand, the weight of the evidence, and the trial court’s acceptance of his guilty plea. Finding no merit to any of these arguments, we affirm.

Battle Axe Construction L.L.C. v. H. Hafner & Sons, Inc.
Case # C180640

Quote from Judge Crouse's Opinion:

Defendant-appellant H. Hafner & Sons, Inc., (“Hafner”) failed to fulfill its contractual obligation to furnish compactible soil to plaintiff-appellee Battle Axe Construction L.L.C. (“Battle Axe”), and then ignored repeated requests from Battle Axe to remedy the situation. Hafner now appeals the trial court’s award of $15,000 in damages to Battle Axe for breach of contract and breach of implied warranty for a particular purpose.

In two assignments of error, Hafner argues that the trial court erred in its statute-of-frauds analysis, and in failing to consider Battle Axe’s conduct in frustrating Hafner’s ability to perform and failure to mitigate damages. Finding both assignments of error to be without merit, we affirm the judgment of the trial court.

State of Ohio v. Deonta Williams
Case #C180538

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Defendant-appellant’s appointed counsel has advised this court that, after a thorough review of the record, he can find nothing that would arguably support appellant’s appeal, and that the appeal is wholly frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); see also Freels v. Hills, 843 F.2d 958 (6th Cir.1988). Counsel, as required by Anders, has communicated this conclusion to appellant, and has offered appellant an opportunity to respond and to raise any issues. Counsel has also moved this court for permission to withdraw as counsel. See Anders at 744; see also 1st Dist. Loc.R. 16.2(C)(1) and 16.2(D)(2).

In re: A.W.
Case #C180521

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Appellant mother appeals the decision of the Hamilton County Juvenile Court awarding custody of her child, A.W., to the child’s father. We find no merit in mother’s arguments, and we affirm the trial court’s judgment.

In her sole assignment of error, mother contends that the juvenile court abused its discretion in granting custody of the child to the child’s father. She argues that the court relied on facts contrary to the evidence, ignored factors adverse to father, and relied on unproven allegations against mother. This assignment of error is not well taken.

David A. Dickerson v. Sarah Morrison, Acting Administrator, Ohio Bureau of Workers' Compensation, Robert McCabe Lumber, Inc.
Case #C180372

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Defendant-appellant Robert McCabe Lumber, Inc., (“McCabe”) appeals from a decision of the Hamilton County Court of Common Pleas allowing plaintiff-appellee David A. Dickerson to participate in the workers’ compensation fund for the condition of a right shoulder strain. We find no merit in McCabe’s sole assignment of error, and we affirm the trial court’s judgment.

In its assignment of error, McCabe argues that the trial court erred in allowing Dickerson to participate in the workers’ compensation fund. It argues that he failed to show causation because his expert testified in terms of possibilities, and the expert’s opinion was inconsistent and equivocal. This assignment of error is not well taken.

Rose Koehler v. Abubakar Atiq Durrani, M.D., Center for Advanced Spine Technologies, Inc., The Christ Hospital, Inc., Children's Hospital Medical Center
Case # C180204

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Plaintiff-appellee Rose Koehler appeals decisions of the trial court (1) granting motions to dismiss filed by defendants-appellees The Christ Hospital, Inc. (“Christ”) and Children’s Hospital Medical Center (“Children’s”), (2) granting motions for judgment on the pleadings filed by defendants-appellees, Abubakar Atiq Durrani and Center for Advanced Spine Technologies, Inc., (“CAST”), and (3) denying Koehler’s motion to amend her complaint. We find no merit in her two assignments of error, and we affirm the trial court’s judgments.