The First District affirmed a $387 restitution order in a criminal damaging case where the crime victim, invoking Marsy’s Law rights, challenged the amount but failed to file a trial transcript, requiring the court to presume regularity of the proceedings.
The Georgia Court of Appeals affirmed drug and firearm convictions, holding that a free-air dog sniff conducted while a traffic citation was still being prepared did not unlawfully prolong the stop under the Fourth Amendment.
The Eighth District dismissed an appeal from summary judgment because the trial court’s order did not dispose of all parties and lacked the required Civ.R. 54(B) no-just-reason-for-delay language.
The Ninth District reversed a contempt finding, holding that community control violations in misdemeanor cases cannot be prosecuted as criminal contempt under R.C. 2929.25 and that the trial court lacked authority after community control expired.
The Seventh District affirmed a transfer of custody jurisdiction from Ohio to Virginia under the UCCJEA, holding that contractual jurisdiction-retention clauses carry little weight when neither party nor the children reside in the forum county.
The Georgia Court of Appeals dismissed Quentin Hill’s appeal from the denial of his motion for leave to file an out-of-time motion for new trial, holding it lacked jurisdiction because Hill had already had a direct appeal and did not qualify for relief under the newly enacted OCGA § 5-6-39.1.
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 Third District affirmed a conviction under R.C. 4511.204, Ohio’s distracted driving statute, rejecting constitutional challenges based on equal protection, due process, and vagueness, and holding that holding a phone for GPS navigation while driving violates the statute.
The Eleventh District sua sponte dismissed an appeal from a probate court’s partial summary judgment on heirship, holding that the order was not a final appealable order under R.C. 2505.02 because it resolved only one party’s rights while leaving other parties’ heirship determinations for further proceedings.
The Eleventh District reversed and remanded for resentencing, holding that the trial court violated the defendant’s right of allocution by repeatedly interrupting her personal statement and preventing her from reading it herself, particularly where the court then penalized her perceived lack of remorse.
The Ninth District reversed in part a partition case, holding that the trial court erred in scheduling a bench trial when a valid jury demand had been filed, while affirming the denial of multiple continuance requests and the denial of leave to amend the complaint.
The Twelfth District reversed a murder sentence that included ‘lifetime parole supervision,’ holding that no Ohio statute authorizes a trial court to impose such a condition and clarifying the distinction between imposing parole terms and notifying defendants of parole eligibility.
The Twelfth District reversed the trial court’s denial of a noncitizen defendant’s motion to withdraw his no-contest plea, holding that the court was required to apply the Strickland two-prong test when the motion was premised on counsel’s failure to advise of immigration consequences under Padilla v. Kentucky.
The Georgia Court of Appeals affirmed the trial court’s denial of a defendant’s motion to withdraw his guilty pleas, finding that plea counsel adequately informed him of recidivist sentencing consequences and parole ineligibility.
The Georgia Court of Appeals vacated a trial court custody order that granted sole custody to the mother and limited the father to daytime-only weekend visitation, finding the order lacked required statutory findings under OCGA 19-9-1 and improperly directed the father to transfer his child SSDI dependent benefit to the mother.