State v. Wade — Ohio appeals court affirms murder conviction, rejecting self-defense claim
Case State of Ohio v. Mark Wade Court Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County Date Decided […]
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Ohio
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State v. Yaeger — Ohio appeals court affirms armed robbery convictions, remands for corrected sentencing entry
Case State of Ohio v. Kaeden Yaeger Court Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County Date Decided
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Cleveland v. Stansell — Court vacates contempt findings for lack of statutory notice
The Eighth District reversed and vacated two contempt findings, holding the trial court improperly charged a defendant with indirect contempt without providing the statutory notice and hearing required by R.C. 2705.03.
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State v. Barnes — Eighth District affirms domestic violence and assault convictions, addresses threats to EMS workers as separate offenses
The Eighth District affirmed convictions for domestic violence and aggravated menacing against EMS workers, holding that the defendant’s verbal death threats to first responders constituted separately punishable offenses from the underlying domestic assault.
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State v. Mercado — Eighth District reverses dismissal for preindictment delay in 2002 rape case, finding no actual prejudice
The Eighth District reversed the trial court’s dismissal of a rape and kidnapping indictment for preindictment delay, holding that the defendant failed to establish actual prejudice from the 16-year gap between the offense and indictment despite the deaths of two potential witnesses.
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State v. Jackson — Eighth District reverses jail-time credit award for double counting days served in unrelated case
The Eighth District reversed a jail-time credit calculation where the trial court awarded credit for days the defendant had already received credit for in a separate, unrelated case, and remanded for factual findings supporting the recalculated credit.
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In re J.W. — Eighth District reverses denial of mandatory bindover, holds juvenile’s own confession established probable cause for firearm display during robbery
The Eighth District reversed the juvenile court’s denial of mandatory bindover, holding that a juvenile’s own recorded confession admitting he ‘put a gun on’ a victim established probable cause for the firearm display element without requiring victim testimony.
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State v. Overman — Eighth District partially reverses for missing consecutive-sentence finding despite affirming 60-month total for jewelry heist
The Eighth District affirmed individual maximum sentences for a jewelry store burglary but remanded for resentencing because the trial court failed to make the disproportionality finding required for consecutive sentences under R.C. 2929.14(C)(4).
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State v. McCalister — Eighth District reverses dismissal of OVI felony enhancement, defendant failed to make prima facie showing of unconstitutional prior plea
The Eighth District reversed the dismissal of a felony OVI enhancement, holding that the defendant failed to make a prima facie showing that a prior uncounseled conviction was constitutionally infirm where signed written waivers documented a knowing waiver of counsel.