Friday First District Roundup 3-26-21

State of Ohio v. Anthony Rosemond  
Case #C180221 
Quote from Judge Zayas' Opinion:
Defendant-appellant Anthony Rosemond has filed a timely application under App.R. 26(B) to reopen this appeal. We grant the application, because it demonstrates a genuine issue as to a colorable claim of ineffective assistance of appellate counsel in failing to assign as error trial counsel’s ineffectiveness concerning the imposition of an unauthorized five-year period of postrelease control for murder.
Rosemond was convicted on multiple counts of murder, felonious assault, having weapons while under a disability, and drug trafficking. In the direct appeal, this court affirmed his convictions, but remanded for proper calculation and award of jail-time credit. State v. Rosemond, 1st Dist. Hamilton No. C-180221, 2019- Ohio-5356, appeal not accepted, 159 Ohio St.3d 1435, 2020-Ohio-3634, 148 N.E.3d 592.
In his application to reopen his direct appeal, Rosemond asserts that his appellate counsel was ineffective in not presenting on appeal assignments of error challenging the adequacy of his judgment of conviction and his trial counsel’s effectiveness concerning postrelease control and the joinder of his offenses for trial. The state has responded with a memorandum in opposition, asking this court to deny reopening on the grounds that the application was not signed as required by Civ.R. 11 and did not include the “sworn statement” required by App.R. 26(B)(2)(d). Rosemond has moved to amend the application with an affidavit attesting to the truth of the matters presented there. 


Richard Deffren, Deffren Machine Tool Service, Inc. v. Donna Johnson, Kathy Popp, Brian Johnson 
Case #C200183 
Quote from Judge Bergeron's Opinion:
An asset purchase agreement to sell the assets of a family-run business forms the centerpiece of this appeal. Long after the transaction (and the buyer’s hiring some of the seller’s family), the parties’ relationship soured, with the buyer alleging a pilfering of assets. The seller (the sole shareholder of the business), however, had passed away by this point, and he was the only signatory to the agreement. Confronted with this obstacle, the buyer accordingly tried to hold both the seller’s wife liable for unjust enrichment and her son and daughter liable for breaching their employment agreements. After a bench trial, the court sided with the buyer, but we are compelled to reverse. The purchase agreement governed the sale of the assets, and the buyer cannot skirt that agreement and hold the seller’s wife accountable on an unjust enrichment theory on these facts because the buyer never conferred a benefit upon her. Nor did he establish a breach of any employment agreement. We accordingly sustain the relevant assignments of error.


State of Ohio v. Anthony Marshall  
Case #C190758
Quote from Judge Crouse's Opinion:
Defendant-appellant Anthony Marshall was convicted of nine counts related to possession of and trafficking in various drugs and having a weapon while under a disability. On December 20, 2019, Marshall’s counsel filed a notice of appeal in the case numbered C-190748. On December 31, 2019, Marshall, acting pro se, filed a notice of appeal in the case numbered C-190758. Both appeals arose from Marshall’s convictions for the offenses described above in the trial court case numbered B-1806939C. Therefore, the appeal numbered C-190758 is dismissed.
In the appeal numbered C-190748, Marshall presents six assignments of error for our review. He contends: (1) the state failed to disclose evidence in a timely manner, depriving him of his due-process rights under the United States Constitution and Ohio Constitution; (2) the court erred in denying his motion for a mistrial; (3) he was denied the effective assistance of trial counsel; (4) his convictions were based upon insufficient evidence; (5) his convictions were against the manifest weight of the evidence; and (6) the record does not support the sentences imposed by the court.
We sustain the sixth assignment of error as it relates to the imposition of consecutive sentences and remand for a new sentencing hearing on that issue alone. All other assignments of error are overruled, and the remainder of the trial court’s judgment is affirmed.


In re: R / G Children 
Case #C200394 
Quote from Judge Zayas' Opinion:
Appellant mother and appellant petitioner, maternal grandmother, appeal the decision of the Hamilton County Juvenile Court, granting permanent custody of two children to the Hamilton County Department of Job and Family Services (“HCJFS”) and denying the custody petition filed by grandmother. Both raise a single assignment of error contending that the trial court erred in awarding permanent custody to HCJFS. Grandmother also contends that the trial court erred in denying her petition for custody. For the reasons discussed below, we find no merit in their assignment of error, and we affirm the judgment of the trial court.
Mother has two children S.R., born May 15, 2015, and K.G., born August 12, 2017. HCJFS received interim custody of S.R. on February 1, 2017, via an ex parte telephone emergency order, and S.R. was placed in a foster home. The following day, the court granted interim custody to HCJFS. The facts that supported interim custody to HCJFS were that her mother, who was also a minor, had engaged in a heated altercation with grandmother. As a result, mother fled grandmother’s home with S.R., and both were living in the home of mother’s cousin. The cousin, who was in the custody of HCJFS, resided in independent living, which prohibited mother and S.R. from living there. Mother also had open warrants for a domesticviolence charge and truancy matters. Mother was placed in the interim custody of HCJFS. S.R. was found to be dependent and neglected and committed to the temporary custody of HCJFS.


State of Ohio v. Derrius A. Bronson 
Case #C200151
Quote from Judge Myers' Opinion:
Defendant-appellant Derrius A. Bronson entered guilty pleas to failure to stop after an accident and vehicular assault. He was sentenced to 12 months in prison and a three-year driver’s license suspension on the failure-to-stop count and to 18 months in prison and a five-year driver’s license suspension on the assault count. The court ordered the prison terms to be served consecutively to each other, for an aggregate 30-month prison sentence. In this appeal, Bronson challenges the trial court’s imposition of a prison term for the failure-to-stop offense, the imposition of consecutive prison terms, and the imposition of what he claims are consecutive driver’s license suspensions. Finding no merit in Bronson’s assignments of error, we affirm the trial court’s judgment.
Each of Bronson’s assignments of error challenge his sentences. Under R.C. 2953.08(G)(2)(a), an appellate court may modify or vacate a defendant’s sentence only if it clearly and convincingly finds that the sentence is contrary to law or that the record does not support the trial court’s findings under certain enumerated statutes including R.C. 2929.13(B), R.C. 2929.13(D), R.C. 2929.14(B)(2)(e), R.C. 2929.14(C)(4), and R.C. 2929.20(I). State v. Harris, 1st Dist. Hamilton No. C-190576, 2021-Ohio-371, ¶ 25, citing State v. Jones, Slip Opinion No. 2020-Ohio-6729, ¶ 31, 37; State v. Anderson, 1st Dist. Hamilton No. C-190588, 2021-Ohio-293, ¶ 6. 


State of Ohio v. Donald Conley 
Case #C200144
Quote from Judge Zayas' Opinion:
Defendant-appellant Donald Conley pleaded guilty to one count of aggravated possession of drugs in violation of R.C. 2925.11(A) and was sentenced to a term of 12 months in prison. In his first assignment of error, Conley contends the trial court abused its discretion in denying his motion to withdraw his guilty plea. In his second assignment of error, Conley argues the record does not support the sentence imposed by the trial court. For the following reasons, we overrule both assignments of error and affirm the judgment of the trial court.
On November 15, 2019, Donald Conley was indicted on one count of aggravated possession of drugs in violation of R.C. 2925.11(A), a felony of the fifth degree. Conley was arraigned and initially pleaded not guilty. On January 30, 2020, Conley withdrew his plea of not guilty and entered a plea of guilty. He signed a plea form which explained, among other things, the charge and degree, the potential sentence range, and the maximum possible fine. The form also expressed an agreement that he was satisfied with his attorney’s advice, counsel and competence, that he understood the rights he was giving up as a result of pleading guilty, and that he understood that the plea was a complete admission of guilt to the charge. 


In re: The B. Children 
Case #C200419 
Quote from Judge Winkler's Opinion:
The mother of C.B., A.B., D.B.1 and D.B.2 appeals the judgment of the Hamilton County Juvenile Court granting permanent custody of her children to the Hamilton County Department of Job and Family Services (“HCJFS”). Mother challenges the grant of permanent custody on the ground that it was not in the children’s best interest. Mother’s guardian ad litem filed an amicus brief in support of mother’s position. The children’s longtime guardian ad litem and HCJFS argue that a grant of permanent custody was in the children’s best interest, due to mother’s failure to understand her need for the treatment of serious mental-health issues that will continue to interfere with her ability to provide an appropriate and safe home for the children. They request we affirm the juvenile court’s judgment. After careful review of the record, we conclude that the evidence supported the juvenile court’s decision, and we therefore affirm its judgment.
This immediate matter began in September 2017, when HCJFS filed a complaint for neglect and dependency involving all four children. The allegations of the 2017 complaint involved unsanitary home conditions, untreated mental-health issues, and abusive, threatening behavior by mother towards her children. This included asking them, “Who wants to die today.” The agency had raised similar concerns about mother’s mental health and abusive behavior on multiple occasions since 2013, resulting in the temporary removal of the children from mother’s care.


State of Ohio v. Marlon Shepard  
Case #C190747 
Quote from Judge Myers' Opinion:
Defendant-appellant Marlon Shepard appeals the trial court’s judgment convicting him of aggravated murder, felonious assault, aggravated burglary, and two counts of kidnapping, and sentencing him to an aggregate sentence of 36 years to life imprisonment.
In five assignments of error, Shepard argues that the trial court abused its discretion in allowing prejudicial evidence of prior unrelated bad acts to be admitted at trial, that the trial court erred in failing to merge allied offenses of similar import, that his convictions were not supported by sufficient evidence and were against the manifest weight of the evidence, and that he received ineffective assistance from his trial counsel. Finding no merit to Shepard’s arguments, we affirm the trial court’s judgment.
On July 19, 2013, Brandon Simms, Lateesha Wright, and their young daughter were accosted in their garage by two assailants. They were held at gunpoint, their home was robbed, and both Simms and Wright were shot. Simms died from his injuries


State of Ohio v. Ricky Reynolds 
Case #C190710
Quote from Judge Crouse's Opinion:
Defendant-appellant Ricky Reynolds was convicted of domestic violence in violation of R.C. 2919.25(A). He has appealed, arguing in two assignments of error that (1) the trial court erred by shifting the burden of persuasion to him to prove his alibi defense, and (2) the conviction was against the manifest weight of the evidence.
We overrule both assignments of error and affirm the judgment of the trial court.
Heather Reynolds testified that on October 31, 2019, she and defendant-appellant Ricky Reynolds argued about whether to take their children trick or treating. She testified that Reynolds wrapped his arm around her neck and pulled her to the floor, causing her to black out. As she stood up, he hit her in the face and “stomped” on her leg. She testified the incident occurred between 5:00 and 6:00 p.m.