Volume 224 — North Eastern Reporter, Third Series

COMMUNITY CONTROL DUE PROCESS. The trial court abused its discretion by extending defendant-appellant's community control because she was not provided the minimum requirements of due process.

The trial court did not err in granting summary judgment to appellee-mortgagee on its complaint for foreclosure where there was no genuine issue of material fact that the mortgagee had standing, and the mortgagor had defaulted on the loan. Judgment affirmed.

Commercial tenant appeals forcible entry and detainer order granting writ of restitution. Landlord alleged tenant violated the lease agreement by selling phone-related services. Prohibition on selling phone-related services was material aspect of the lease agreement. Court properly dismissed untimely filed counterclaim. Forcible entry and detainer statute did not permit the filing of untimely counterclaim.

Motion to Withdraw a Plea Nine-Factor Analysis Reasonable and Legitimate Basis. The nine-factor analysis for evaluating a trial court's decision on a motion to withdraw a plea still applies to cases that are not factually similar to the situation presented in State v. Barnes, 2020-Ohio-4486. Further, a trial court's decision to deny a motion to withdraw a plea is reviewed under an abuse of discretion standard.

PREP Act Motion to Dismiss Plain language review of the PREP Act does not establish immunity in this matter such that claims should have been dismissed.

The trial court erred in dismissing plaintiff-appellant's complaint sua sponte without providing prior notice of its intention to dismiss and an opportunity to respond. Judgment reversed and remanded.

CIVIL LAW- home rule ordinance is unconstitutional pit bulls vicious dogs dangerous dogs R.C. 955.11 general law breed specific

Attorneys—Character and fitness—Application to register as a candidate for admission to the practice of law in Ohio and as a candidate to take the February 2023 Ohio bar exam—Past criminal conduct—Applicant has established present character, fitness, and moral qualifications by clear and convincing evidence—Application approved.

Habeas corpus—Court of appeals properly considered certified copy of habeas petitioner's birth certificate and did not err in concluding that birth certificate was the most probative evidence of petitioner's age—Habeas petitioner has not shown that adult court lacked jurisdiction over his criminal case—Court of appeals' judgment affirmed.

Appellant waived all but plain error by failing to object at trial to an interpreter's qualifications and performance and to the trial court's supplemental jury instruction. Appellant failed to establish that any error by the trial court affected the outcome of the trial. Judgment affirmed.

(Osowik) Trial court's decision, to preclude parent-witnesses from testifying at trial of son accused of rape, was affirmed where son was recorded during jail-house telephone calls advising his mother of the evidence presented thus far, in contravention of the separation-of-witnesses order, and also encouraged her to blurt out testimony, knowing it would violate the rape-shield statute.