Friday First District Roundup 11-8-19

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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In re: D.D.
Case #C190387

Quote from Judge Myers' Opinion:

Mother has appealed from the Hamilton County Juvenile Court’s judgment granting permanent custody of her son D.D. to the Hamilton County Department of Job and Family Services (“HCJFS”).

Mother does not challenge the sufficiency or the weight of the evidence supporting the trial court’s grant of permanent custody, but rather contends that a new permanent-custody trial is necessary due to various errors that she claims occurred in the proceedings below. Finding mother’s arguments to be without merit, we affirm the trial court’s judgment.

In re: E.R.
Case #C180615

Quote from Judge Crouse's Opinion:

Father appeals the decision of the Hamilton County Juvenile Court, denying his motion to reallocate parental rights and responsibilities and maintaining mother as the legal custodian of E.R. For the reasons set forth below, we reverse the judgment of the juvenile court.

State of Ohio v. Clifford Rucker
Case #C180606

Quote from Judge Zayas' Opinion:

Defendant-appellant Clifford Rucker has appealed his classification as a Tier II sex offender under Ohio’s version of the Adam Walsh Act (“AWA”). We hold that the trial court had no authority to classify Rucker as a Tier II sex offender after he had served the prison portion of his sentence for his sex offense, and therefore, Rucker has no duty to register under the AWA.

State of Ohio v. Sherry Tidwell
Case # C180512

Quote from Judge Zayas' Opinion:

The state of Ohio appeals from the judgment of the Hamilton County Municipal Court granting defendant-appellee Sherry Tidwell’s motion to suppress evidence gathered from a traffic stop. For the following reasons, we affirm the trial court’s judgment.

In re: I.B., a minor child
Case #C180558

Quote from Judge Zayas' Opinion:

On May 8, 2013, a complaint was filed in the Hamilton County Juvenile Court alleging that appellant I.B. had committed an act which, if committed by an adult, would have constituted rape. I.B. admitted to a reduced charge of gross sexual imposition on September 26, 2013. I.B., who was 14 years old at the time of the offense, had placed his penis into the vagina of his three-year-old niece “for a second or so” before the girl’s mother had walked in. Both I.B. and the victim tested positive for chlamydia.

On December 12, 2013, I.B. was classified as a Tier I juvenile sexoffender registrant under Ohio’s version of the Adam Walsh Act. He was committed to the custody of the Ohio Department of Youth Services until the age of 21. The commitment was suspended, and I.B. was placed on probation with the condition that he complete the Altercrest program.

State of Ohio v. Louisha Little
Case #C180523

Quote from Judge Winkler's Opinion:

Defendant-appellant Louisha Little appeals from a conviction for misuse of credit cards under R.C. 2913.21(B)(2). She takes issue with two conditions of her community control. We find no merit in her two assignments of error, and we affirm her conviction.

The record shows that Little worked as a nurse’s aide at a nursing home. She cared for Yvette Lucas, who was a quadriplegic due to an auto accident. Little had access to Yvette Lucas’s debit card and pin number, which she used at more than one ATM. In total, Little took $853 dollars from Yvette Lucas’s bank account without her permission.

In re: T.M.
Case # C180622

Quote from Judge Mock's Opinion:

In five assignments of error, appellant T.M. claims that the trial court erred when it ruled that he was a delinquent child for committing a felonious assault, when it committed him to the Department of Youth Services (“DYS”) for that offense, and when it committed him to DYS for a second, unrelated offense for which he had previously been adjudicated delinquent. For the reasons set forth, we reverse the decisions of the trial court and remand the causes for further proceedings.

In re: K.M.P.
Case # C180590

Quote from Judge Zayas' Opinion:

K.M.P. appeals the juvenile court’s denial of his request for credit toward his adult sentence for the time that he was in detention pending disposition of the delinquency charges. Because we find that K.M.P. was entitled to credit for the time that he was detained awaiting disposition, we reverse the judgment of the trial court.

State of Ohio v. Nathan Dowers
Case # C180565

Quote from Judgment Entry:

Defendant-appellant Nathan Dowers was indicted on two counts of rape and two counts of gross sexual imposition. The victim was Dower’s niece, who was between five and eight years old and living with him at the time of the offenses. Dowers subsequently entered into a plea agreement with the state. He agreed to plead guilty to one count of gross sexual imposition, and the state agreed to drop both rape counts and the second count of gross sexual imposition.

Additionally, the parties agreed to a jointly-recommended sentence of three years in prison. The trial court accepted Dowers’s plea and imposed the agreed sentence. The next day, trial counsel filed a motion to withdraw the guilty plea on Dowers’s behalf. In the motion, Dowers claimed that he had been pressured by counsel to enter the plea. The only attachments to the motion were handwritten forms completed by Dowers, which contained his unsworn statements that he didn’t feel counsel was on his side and that he had been pressured to enter the plea. The trial court denied the motion without a hearing. In two assignments of error, Dowers now appeals.

Elizabeth Henderson v. Bobby Ball
Case #C180443

Quote from Judgment Entry:

Defendant-appellant Bobby Ball appeals the Hamilton County Municipal Court’s issuance of a writ of restitution in a forcible-entry-and-detainer action brought by plaintiff-appellee Elizabeth Henderson.

For the following reasons, we dismiss this appeal as moot. Henderson filed an action in forcible entry and detainer seeking to regain possession of her apartment located at 739 Oak Street in Cincinnati from Ball, and seeking damages in an amount of $3,000, well within the municipal court’s $15,000 jurisdictional limit. See R.C. 1901.17, 19o1.18(A)(18) and 1923.01(A).

State of Ohio v. Steven Carson
Case # C180336

Quote from Judge Crouse's Opinion:

Defendant-appellant Steven Carson was accused of threatening and pointing a handgun at Quincy White, a contractor who had come to Carson’s home to install carpet in his basement. Carson was convicted of aggravated menacing in violation of R.C. 2903.21. In two assignments of error, Carson argues that (1) his conviction was contrary to law because it was against the manifest weight of the evidence, and (2) the trial court erred in its rulings on two evidentiary matters— when it admitted testimony regarding Carson’s mental health, and when it sustained an objection to testimony from Quincy White which demonstrated his motive to lie. For the following reasons, we affirm the judgment of the trial court.