Volume 210 — North Eastern Reporter, Third Series

The trial court erred by failing to give defendant-appellant the proper amount of jail-time credit towards both his offenses. Judgment reversed and remanded.

The trial court erred and deprived mother of her right to counsel in permanent custody proceedings when it permitted the withdrawal of her appointed counsel without determining whether mother was knowingly waiving her right to counsel and when it proceeded to hold hearings and render decisions in the refiled permanent custody and temporary custody proceedings in mother's absence and without counsel to represent mother.

Post-release control violation. Plea. Crim.R. 11. Maximum penalty. R.C. 2929.141.

summary judgment, statute of repose

The trial court did not err in finding that appellant committed a per se violation of her fiduciary duties by facilitating an assignment of all interests by the sole beneficiary in favor of appellant, who was acting as the administrator of the estate at the time the assignment was effectuated. Had the assignment not been later revoked, it would have resulted in the sole beneficiary losing her income-eligible benefits, including Medicaid, which was not in the best interests of the sole beneficiary. Nor did the trial court err in removing appellant as administrator based on her breach of fiduciary duties. Judgment affirmed.

Declaratory Judgment, Validity of Lease, Delivery of Contract as Condition Precedent, Equitable Estoppel

The trial court did not err by granting defendant-appellee's motion for judgment on the pleadings.

FINANCIAL MISCONDUCT SPOUSAL SUPPORT Trial court did not err by determining husband committed financial misconduct however, trial court did err by assessing entire amount of estimated taxes against husband when husband ultimately paid the taxes. Spousal support award was supported by the record.

The trial court did not abuse its discretion in considering a motion to exclude an expert witness even though the motion was brought after a deadline contained in a scheduling order. The trial court informed both parties that it did not want any "surprises" at trial and evidence came to light that appellant's expert report had been plagiarized, rendering it unreliable. In addition, the trial court did not abuse its discretion in denying appellant's motion to continue to find a new expert witness. The trial court was not obligated to further delay these proceedings to that the appellant could once again secure a new expert. Furthermore, appellant should have recognized that his proposed expert witness plagiarized a prior expert that was previously retained.

Order of trial court which determined liability but did not resolve issue of damages not a final order from which appeal could be perfected appeal sua sponte dismissed.

CIVIL SERVICE – JURISDICTION – R.C. 2506.01 – R.C. 4117.10 The Hamilton County Court of Common Pleas had subject-matter jurisdiction to entertain an appeal from a decision of the city's civil service commission under R.C. 2506.01 where the decision appealed from should have been made at a quasi-judicial proceeding: where the city's civil service rules require the civil service commission to set an employee's appeal of a layoff for a hearing and where an employee files a notice of appeal with the commission stating that he is appealing a layoff, cites or describes a violation of the civil service rule governing layoffs, and requests a hearing, the civil service commission must follow its own rules and set the matter for a hearing. Where the collective-bargaining agreement between the city and plaintiffs-employees' labor union provides for final-and-binding arbitration of grievances but specifically retains an employee's right to individually challenge the procedural aspects of the employee's layoff with the city's civil service commission and any employment action not specifically set forth in the agreement, R.C. 4117.10, which restricts the remedies available for contesting employment decisions, did not divest the trial court of jurisdiction over the employees' administrative appeal.

Securities fraud aggravated theft restitution financial sanctions R.C. 2929.18 termination of community-control sanctions R.C. 2929.15 civil judgment judgment on the pleadings Civ.R. 12(C) the absurd result principle double-jeopardy protections. Judgment affirmed. Appellant pled guilty to securities fraud and aggravated theft after collecting money from three victims, promising returns on their investments. Appellant was sentenced to five years of community control and required to pay restitution to the victims. Appellant's five years of community control elapsed and appellant had not paid restitution. Thereafter, the victims reduced the trial court's order to pay restitution to a civil judgment and filed a creditor's bill against appellant. The victims prevailed on a motion for judgment on the pleadings and appellant was ordered to pay $99,978.78 plus any interest to the victims. On appeal, appellant suggested that the trial court erred in granting the victim's motion for judgment on the pleadings, arguing that (1) he should not be required to pay the restitution since he was released from community control, and (2) that the civil judgment violated his double-jeopardy protections. We reject appellant's contentions and affirm the judgment of the trial court.

Amended indictment Crim.R. 7 grand jury evidence disclosure of grand jury transcripts particularized need insufficiency of the evidence Crim.R. 29 motion for judgment of acquittal and manifest weight of the evidence. The trial court's grant of the state's motion to amend the dates of the indictment was in accordance with Crim.R. 7 and did not prejudice the defendant and, therefore, did not constitute an abuse of discretion. Absent the defendant demonstrating a particularized need to review the grand jury transcripts, the trial court's refusal to disclose the transcripts was not an abuse of discretion. Where the evidence was sufficient to support defendant's convictions at the close of the state's case-in-chief and following the defendant's case-in-chief, defendant's insufficiency of the evidence and Crim.R. 29 motions for judgment of acquittal lacked merit. A review of the record demonstrated that the trier of fact did not lose its way and create a manifest miscarriage of justice when it convicted defendant.

Rape sufficiency manifest weight evidence credibility impeachment abuse of discretion ineffective assistance of counsel confrontation prosecutorial misconduct closing arguments plain error cross-examination preindictment delay. Defendant's rape conviction is supported by sufficient evidence and is not against the manifest weight of the evidence. Defendant was not deprived of his right to confront his accuser. Defense counsel did not render ineffective assistance of counsel by failing to disclose his impending suspension from the practice of law, failing to file a motion to dismiss based on prejudicial preindictment delay, and failing to effectively cross-examine the state's witnesses. Defendant's substantial rights were not prejudicially affected by the prosecution's closing arguments.

Warrantless Search - Fourth Amendment - Air Surveillance by Drone - No Contest Plea - Open Fields Doctrine

The trial court erred in granting summary judgment in favor of appellant-driver, who struck a pedestrian with his truck, because there were genuine issues of material fact as to where the pedestrian was standing when she was struck and whether appellant should have seen her sufficiently in advance to avoid striking her. Judgment reversed and remanded.

Defendant failed to offer facts supporting claim of merger. Gross sexual imposition and abduction convictions did not merge where defendant lured or pulled victim into car, drove her to alley where he sexually assaulted her, prolonged restraint so second assailant could assault victim, then drove her to another location. Restraint was prolonged beyond original assault to permit second assault, which caused harm separate from underlying assault, and victim was not immediately released after being attacked.