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 summary judgment for deputies in a K-9 bite case, holding that claims alleging a duty to intervene in a K-9 attack are essentially battery claims governed by the one-year statute of limitations, not custodial negligence claims.
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.
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 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 a probate court’s interpretation of the Robert H. Fox Revocable Living Trust, holding that when all named beneficiaries died intestate and without issue, the trust assets should be distributed to the settlor’s heirs under the trust’s residual provision rather than reverting to the trustee.