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: The H. Children
Quote from Judge Mock's Opinion:
Appellant father appeals the decision of the Hamilton County Juvenile Court awarding permanent custody of his two children, D.H. and K.H., to appellee Hamilton County Department of Job and Family Services (“HCJFS”). We find no merit in father’s two assignments of error, and we affirm the trial court’s judgment.
The record shows that D.H. was born on March 17, 2016. On April 6, 2016, HCJFS filed a complaint and a motion for interim custody regarding D.H. The complaint alleged that the parents had issues with homelessness, substance abuse, and domestic violence. Father appeared at the hearing on April 6, 2016, and the court appointed an attorney to represent him.
Sandra East v. Charles East
Case # C180586
Quote from Judgment Entry:
Plaintiff-appellant/cross-appellee Sandra East (“Wife”) and defendantappellee/cross-appellant Charles East (“Husband”) appeal from a decree of divorce. In Wife’s first assignment of error, she argues that the trial court erred in classifying and dividing Wife’s Charles Schwab and Morgan Stanley investment accounts. Wife argues that the trial court should have found Wife’s personal-injury settlement, gifts from her father, and the growth from her premarital property were her separate property. As to Wife’s personal-injury settlement, Wife admitted that the settlement had included claims for wage loss and medical expenses, and that her complaint had claimed $49,000 in wage loss, $109,000 in medical expenses, and $2,000 for out-of-pocket costs. Therefore, the trial court’s determination that it could not ascertain which portion of the $119,465 settlement was for Wife’s personal injuries was not against the manifest weight of the evidence. See R.C. 3105.171(A)(6)(a)(vi); Bennett v. Bennett, 2d Dist. Clark No. 2012 CA 36, 2012-Ohio5788, ¶ 20.
State of Ohio v. Damion McRae
Quote from Judge Bergeron's Opinion:
In the aftermath of a domestic violence altercation, the defendantappellant Damion McRae shot at the two responding police officers who arrived to investigate the incident. Mr. McRae managed to get one shot off before being disabled, and this shot struck one of the officers, seriously injuring him. In the wake of convictions for attempted murder and other charges, Mr. McRae presents various challenges to his convictions and sentences on appeal. For the reasons we discuss below, we ultimately affirm the trial court’s judgment.
Shortly after the clock struck midnight on March 12, 2017, Cincinnati police officers Kenneth Grubbs and William Keuper responded to a call concerning an incident at a nearby apartment complex. One of the complex’s residents, Ebony Berry, reported a domestic violence altercation perpetrated by her boyfriend, Mr. McRae. Upon arriving at the complex, the officers parked their vehicle and then split up, with Officer Grubbs proceeding directly through the complex’s central courtyard, while Officer Keuper ventured around the complex before entering the courtyard from the side.
State of Ohio v. Amanda Bush
Quote from Judge Bergeron's Opinion:
Sometimes, even the best-behaved children prove incapable of following simple directions from their parents. A mother instructed her four-year-old daughter to play in their front yard with her elder brother. Wandering outside and seeing the brother nowhere, the girl left the premises to explore across the street. Police officers intercepted her moments later and returned her home, with the entire incident lasting about five minutes. Although the mother was convicted for child endangerment, on the record before us, we find that the state failed to present sufficient evidence of the mother’s recklessness. We accordingly reverse her conviction.