11th District Criminal Case Update

Ohio’s 11th District Court of Appeals released opinions in a few criminal cases and one juvenile court case:

State v. Campbell, 2013-A-0047
Campbell was convicted of illegal manufacture of drugs, illegal assembly or possession of chemicals for the manufacture of drugs, possession of drugs and endangering children.  All the charges were related to the meth cooking operation in his home.  The court merged all the counts as allied and gave him 5 years, 4 of them mandatory.  Campbell appealed on grounds that the manifest weight of the evidence didn’t support his conviction, and that there was insufficient evidence to convict him.  The presence of the meth lab and the child in the home when the cops came to the door defeats both arguments.  He didn’t even get bonus points for having his girlfriend answer the door in her underwear.  O’Toole, Grendell, Rice.

State ex rel. Davies v. Schroeder, 2013-A-0059
Davies filed a writ of procedendo to get the judge to rule on his motion to seal his record.  The judge did by the time the court issued this opinion, so it’s dismissed as moot.  Per Curiam; Grendell, Wright, O’Toole concur.

In re: M.G. and B.G., 2013-G-3162/3165
Mother of the children appeals a grant of permanent custody to Geauga County JFS.  Courts call permanent custody proceedings “the death penalty of juvenile law.”  This was the third permanent custody trial for this family; the court denied the first two.  Mother appeals on manifest weight, but the testimony this time was that the situation was still getting worse.  These are always sad cases.  Cannon, Wright, O’Toole.

Willoughby Hills v. Brown, 2013-L-065
Brown moved to suppress his field sobriety tests, arguing that the police officer didn’t substantially comply with NHTSA regulations.  The court denied the motion so he pled no contest and appealed that denial.  He didn’t file a complete transcript of the suppression hearing, so the suppression is upheld.  Wright, Grendell, Rice.

The court also released two other opinions, both in domestic relations cases.