Case State of Ohio v. Paul A. Steele Court Ohio Court of Appeals, Fifth Appellate District, Knox County Date Decided […]
Case State of Ohio v. Case Minnich Court Ohio Court of Appeals, Fifth Appellate District, Muskingum County Date Decided June
The Fifth District vacated a guilty plea to criminal mischief, holding that the trial court completely failed to inform the defendant that a guilty plea is a complete admission of guilt as required by Crim.R. 11(E), making a prejudice showing unnecessary.
The Fifth District affirmed sexual battery and strangulation convictions, finding that the victim’s testimony, corroborated by SANE nurse examination, supported the trial court’s credibility determination in a bench trial.
The Fifth District affirmed convictions for gross sexual imposition against a minor, holding that the trial court did not abuse its discretion by ruling a child victim incompetent to testify without an in-person hearing and that the Confrontation Clause does not guarantee the right to comment on a witness’s absence at trial.
The Fifth District affirmed a felonious assault conviction arising from an attack at a juvenile correctional facility, holding that inconsistent verdicts between co-defendants do not invalidate a guilty verdict and that the evidence supported a finding of serious physical harm.
The Fifth District reversed and remanded for resentencing, holding that aggravated vehicular assault (OVI-based) and vehicular assault (recklessness-based) are allied offenses of similar import that must merge under R.C. 2941.25 when committed against the same victim.
The Fifth District affirmed the conviction and sentence of a 19-year-old DYS inmate for felonious assault committed within a juvenile correctional facility, rejecting the argument that the case should have originated in or been remanded to juvenile court.
The Fifth District affirmed convictions for obstructing official business and assaulting a police dog where the defendant fled from deputies serving warrants, hid from a K-9 search, and kicked the dog when it found him.
The Fifth District affirmed the juvenile court’s decision to transfer jurisdiction of a 16-year-old charged with aggravated robbery and felonious assault to adult court, finding the amenability determination was supported by competent, credible evidence.