Friday First District Roundup 2-28-20

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. Jason Bennett
Case #C190181

Quote from Judge Crouse's Opinion:

Defendant-appellant Jason Bennett appeals his conviction for aggravated menacing. For the reasons set forth below, we affirm the judgment of the trial court.

State of Ohio v. Darris Devaughn
Case # C180586

Quote from Judge Zayas' Opinion:

Darris Devaughn was charged with four counts of felonious assault for attempting to cause physical harm to four peace officers by means of a motor vehicle, all felonies of the first degree, two counts of failure to comply with an order or signal of a police officer, both felonies of the fourth degree, one charge of possession of cocaine, a third-degree felony, one charge of trafficking in cocaine, a felony of the third degree, one charge of possession of heroin, a felony of the fifth degree, and four counts of aggravated possession of drugs, all fifth-degree felonies.

In three assignments of error, he contends that the convictions were contrary to the manifest weight of the evidence, the convictions were based upon insufficient evidence, and the court’s cumulative errors deprived Devaughn of a fair trial. For the reasons set forth below, the judgment of the trial court is affirmed in part and reversed in part.

State of Ohio v. Recah Showes
Case #C180552

Quote from Judge Zayas' Opinion:

Recah Showes appeals his convictions, after no-contest pleas, for having a weapon while under a disability, carrying a concealed weapon, aggravated possession of drugs, and possession of cocaine. In one assignment of error, Showes contends that the trial court erred in failing to suppress the gun and drugs because the stop and the pat-down were unconstitutional. We agree that the gun and drugs should have been excluded because the officer did not have a reasonable basis to believe that Showes was armed and dangerous.

City of Cincinnati v. Greenacres Foundation
Case #

Quote from Judgment Entry:

In order to comply with orders of this court, see State ex rel. Greenacres Found. v. City of Cincinnati, 2015-Ohio-5479, 56 N.E.3d 335 (1st Dist.), and the trial court, plaintiff-appellee/cross-appellant the city of Cincinnati (“the city”) filed an appropriation complaint to determine the just compensation owed to defendantappellant/cross-appellee Greenacres Foundation for the temporary, regulatory taking of a 2.85 acre parcel of land (“the property”). Following a jury trial, the trial court entered a total award of $180,020 in favor of Greenacres: $53,436 as compensation for the temporary taking of the property and $127,557 in residual damages to the roughly 18 acres of land adjacent to and surrounding the property (“the residual property”). The trial court also awarded Greenacres interest on the total award as well as $32,074.75 in attorney fees, costs and expenses.

Greenacres appealed the trial court’s judgment, challenging the award of attorney fees, and the city cross-appealed, challenging the award of damages for the diminished value of the residual property during the taking. For the following reasons, we vacate the award of damages with respect to the residual property. We affirm the trial court’s judgment in all other respects, including the award of attorney fees.

State of Ohio v. Edward Smith
Case #C180227

Quote from Judge Crouse's Opinion:

Defendant-appellant Edward Smith appeals his convictions for aggravated murder and having a weapon while under a disability. In his appeal, Smith raises five assignments of error for our review. For the reasons set forth below, we affirm the judgment of the trial court.

In a convoluted chain of events, Smith shot and killed Trevor Tiemann. The primary evidence of the incident came from several surveillance videos located in the area. The videos depict a series of inconspicuous movements and covert intentions that culminated into a chaotic situation.

State of Ohio v. Charles William Johnson
Case #C190370

Quote from Judgment Entry:

Defendant-appellant Charles William Johnson entered a no-contest plea to obstructing official business in violation of R.C. 2921.31. At the plea hearing, the state indicated that the charge was based on the fact that “the police called out for the suspect to make himself known. The suspect refused and instead hid silently in a garbage can.” The trial court found Johnson guilty based on these facts and sentenced him to 31 days in jail.

In Johnson’s appeal, he raises a single assignment of error, arguing that there was insufficient evidence to convict him of obstructing official business because the facts do not demonstrate that he committed an “overt act,” and instead, only demonstrate that he “merely failed to act” by remaining silent when the police called out for him. The prosecution argues that Johnson’s overt act was contorting his body to fit in the garbage can and remaining silent to avoid detection. We agree with the prosecution.

State of Ohio v. Leandre Jordan
Case #C180560

Quote from Judge Crouse's Opinion:

Defendant-appellant LeAndre Jordan appeals his convictions for aggravated trafficking in drugs. In two assignments of error, he argues that the trial court erred in denying his motion to suppress, and in failing to document a three year license suspension in its sentencing entry. For the following reasons, Jordan’s first assignment of error is overruled and his second assignment of error is sustained.