Friday First District Roundup 5-14-21

State of Ohio v. Damonte Cole-Walker 
Case #C200038
Quote from Judge Bergeron's Opinion:
In this appeal from a conviction for sexual imposition, the defendant’s unwelcome attempts to rekindle his relationship with a former girlfriend escalated into criminal charges. On appeal, the defendant contends that the victim’s testimony lacked credibility, and, even if true, was insufficiently corroborated under R.C. 2907.06(B). We disagree, overrule his sole assignment of error, and affirm the judgment of the trial court.


State of Ohio v. Deonte Baber 
Case #C190338
Quote from Judge Bergeron's Opinion:
A lunchtime work excursion turned tragic when a driver accidentally hit and injured a young boy. The boy’s father responded in fury by throwing open the car door and pummeling the driver. A crowd gathered, with some tending to the boy, some trying to intercede in or break up the fight, and others probably just wondering what all the commotion was about. During the melee, someone shot and killed the driver. After the gunshot, the father grabbed his son and raced to the hospital, calling 911 en route. Believing he had disconnected the call, he then turned to his son and told the boy (repeatedly) that he (the father) had killed the driver. Although that recorded confession seemed damning, the investigating officers soon focused their gaze on an alternative suspect, defendant-appellant Deonte Baber, and the father proved eager to assist in diverting attention from himself. The father identified Mr. Baber as the shooter, and the officers believed that a video that captured the shooting validated that conclusion. The jury ultimately agreed, convicting Mr. Baber for murder, from which he now appeals, bringing seven assignments of error.
Although we see a few errors in the trial proceedings, none rise to the level of reversible error. The evidence against Mr. Baber, while certainly not overwhelming, was powerful and probative, including the video recording and eyewitness identifications. Taking into account the totality of the record, we find the errors at hand harmless, and therefore we affirm the trial court’s judgment. 


Qiming He v. Half Price Heating & Air 
Case #C200312 
Quote from Judge Myers' Opinion:
Plaintiff-appellant Qiming He appeals the judgment of the Hamilton County Municipal Court in favor of defendant-appellee Half Price Heating & Air (“Half Price”) on his complaint for breach of a contract to install a furnace. For the reasons set forth below, we affirm the trial court’s judgment.
On November 4, 2017, Mr. He and Half Price entered into a written contract for the installation of an 80,000-BTU Goodman gas furnace in a home owned by Mr. He, and for two years of service. The contract indicated that Mr. He paid $1,900 in cash.
On January 27, 2020, Mr. He brought a breach-of-contract action against David Baker, the owner of Half Price, seeking $2,154 in damages. Mr. He alleged that Mr. Baker installed a “cheaper furnace” than that called for in the contract. Mr. Baker filed a counterclaim seeking damages of $1,040 for “unnecessary service calls, work not paid for,” and alleging that the “furnace was always operating.” Mr. He later filed an amended complaint to substitute Half Price Heating & Air as the defendant and to increase his claim for damages, and Mr. Baker amended the counterclaim to reflect the change in party.