The Court of Appeals of Ohio affirmed the domestic violence conviction of the appellant, finding sufficient and credible evidence that he knowingly caused physical harm to a household member. The case emphasizes that intent to harm is not a required element for a domestic violence conviction under Ohio law.
Criminal Law
17 Articles
The Court of Appeals affirmed the trial court’s dismissal of Defendant-Appellant’s second untimely petition for postconviction relief, finding it procedurally barred by res judicata and lacking in substantive support. The defendant’s sentencing claims, including errors related to consecutive sentencing and merger of allied offenses, were previously litigated or could have been raised on direct appeal.
The Court of Appeals of Ohio affirmed the juvenile court’s decision to grant permanent custody of three minor children to Cuyahoga County Department of Children and Family Services and to terminate the parental rights of their father, who appealed the decision. The court held that despite completing required services, the father failed to sufficiently remedy the conditions leading to the children’s removal and did not demonstrate the ability to provide a safe and stable environment.
Defendant appealed the imposition of a no-contact order accompanying a prison sentence following guilty pleas to unlawful sexual conduct with a minor and strangulation. The appellate court vacated the no-contact order, finding it constituted an unauthorized hybrid sentence under Ohio law.
The Court of Appeals affirmed a juvenile court’s decision classifying a minor as a Tier I juvenile sex offender following his adjudication for gross sexual imposition. The appellate court held that the juvenile court properly considered all relevant statutory factors and did not abuse its discretion in imposing the classification.
Defendant-Appellant, a juvenile at the time of the offense, was convicted of aggravated murder, felonious assault, and related firearm specifications stemming from a fatal shooting during an attempted robbery. The appellate court affirmed the convictions and sentence, finding sufficient evidence and proper consideration of the defendant’s age under statutory and constitutional sentencing requirements.
The Court of Appeals of Ohio affirmed the denial of Defendant-Appellant’s successive and untimely petition for postconviction relief, holding that the trial court lacked jurisdiction because the defendant failed to establish that he was unavoidably prevented from discovering the evidence or that the State suppressed it in violation of Brady.
The Supreme Court of Ohio held that an inmate’s failure to strictly comply with the affidavit requirements under R.C. 2969.25(A) at the time of filing a mandamus action requires dismissal without prejudice, reversing the court of appeals’ dismissal with prejudice.
The Fifth District Court of Appeals affirmed the trial court’s imposition of a prison sentence for aggravated drug possession, finding it was supported by the record and not contrary to law, despite the defendant’s argument that community control would have been appropriate.
The Supreme Court of Ohio affirmed the dismissal of a habeas corpus petition filed by an inmate who alleged that his conviction was void due to a procedural irregularity in the assignment of a visiting judge, holding that any such irregularity rendered the judgment voidable, not void, and that the inmate waived the issue by not raising it earlier.