Friday First District Roundup 9-10-21

State of Ohio v. Christopher Hall 
Case # C200264
Quote from Judge Crouse's Opinion:
Defendant-appellant Christopher Hall appeals his conviction for domestic violence. For the reasons that follow, we reverse the trial court’s judgment and remand the cause for a new trial.
Hall was arrested later that morning and charged with one count of domestic violence, in violation of R.C. 2919.25(A). On May 29, 2020, Hall filed a demand for discovery and a demand to preserve recordings. The state never filed a discovery response. On July 16, 2020, the matter proceeded to a bench trial. Before opening arguments, defense counsel made an oral motion in limine. Counsel argued that he asked for discovery in May, received no response, and yet, was provided photographs of Smith’s injuries on the morning of trial. Accordingly, counsel asked for the photographs to be excluded from use at trial. The court denied counsel’s motion to exclude the photographs and instead offered him a continuance. Counsel refused and proceeded to trial. After one morning of testimony, Hall was found guilty and sentenced to 45 days in jail.

State of Ohio v. Jermaine Spurling 
Case #C200323
Quote from Judge Myers' Opinion:
Defendant-appellant Jermaine Spurling appeals his convictions for trafficking in cocaine, possession of a fentanyl-related compound, and having a weapon while under a disability. In three assignments of error, Spurling challenges the validity of his guilty pleas, the effectiveness of his trial counsel, and the sentences imposed. Finding no merit to Spurling’s assignments of error, we affirm.
In the case numbered B-1905121, Spurling was indicted for possession of a fentanyl-related compound, a fifth-degree felony, carrying a concealed weapon and improper handling of a firearm in a motor vehicle, both fourth-degree felonies, and having a weapon while under a disability, a third-degree felony. In exchange for Spurling’s guilty pleas to the fentanyl and weapon-under-disability charges, the state dismissed the remaining weapons charges. The trial court imposed prison terms of 12 and 36 months respectively, and ordered them to run concurrently to each other.
In the case numbered B-1905397, Spurling was indicted for two first degree felonies, possession of cocaine and trafficking in cocaine, and accompanying major-drug-offender specifications. In exchange for Spurling’s guilty plea to a reduced charge of trafficking in cocaine, a felony of the third degree, the state dismissed the possession count and the specifications for both offenses. The trial court imposed a 36-month prison term and ordered it to run consecutively to the sentence in the case numbered B-1905121, for an aggregate prison term of six years.

Richard Elliot v.  Abubakar Atiq Durrani, M.D., Center for Advanced Spine Technologies, Inc., TriHealth, Inc., f.d.b.a. The Good Samaritan Hospital of Cincinnati, Ohio  
Case #C180555
Quote from Judge Crouse's Opinion: Plaintiff-appellant Richard Elliot appeals the trial court’s denial of his motion for leave to amend his complaint, and the trial court’s grant of Abubakar Atiq Durrani, M.D., (“Durrani”), the Center for Advanced Spine Technologies, Inc., (“CAST”), and TriHealth, Inc.’s motions to dismiss. For the reasons that follow, we reverse the dismissal as to Durrani, but affirm the dismissal as to CAST and TriHealth.
I. Facts and Procedure
In early 2010, Elliot began suffering lower back pain and sought treatment from Durrani. Durrani allegedly recommended lumbar spinal-fusion surgery to alleviate Elliot’s pain. Elliot underwent the surgery on March 1, 2010, at Good Samaritan Hospital. Unfortunately, Elliot’s surgical wounds became infected and he required extensive postoperative treatment.
In June 2014, Elliot filed suit against Durrani, CAST, and TriHealth (formerly Good Samaritan Hospital). Elliot voluntarily dismissed the case a few months later, in September 2014. He refiled the claims less than a year after dismissal, in August 2015. Elliot alleged medical malpractice, battery, lack of informed consent, intentional infliction of emotional distress, and fraud against Durrani. Elliot alleged vicarious lability, negligent hiring, retention, and supervision, fraud, and other statutory violations against CAST and TriHealth. Elliot later moved to amend the complaint to add a civil state law RICO claim against all of the defendants.