FIRST DISTRICT
COURT OF APPEALS
THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT. THEY ARE NOT HEADNOTES OR SYLLABI. INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.
DATE: Wednesday, June 11, 2025
CAPTION: STATE V. BRUNSON
APPEAL NO.: C-240244
TRIAL NO.: B-2301217
KEY WORDS: FELONIOUS ASSAULT — SELF DEFENSE — MANIFEST WEIGHT —— MINIMUM SENTENCING – R.C. 2953.08(G)(2) – REAGAN TOKES – R.C. 2903.11
SUMMARY: Defendant’s conviction for felonious assault was not against the manifest weight of the evidence where the State disproved one element of defendant’s self-defense claim.
The trial court did not err by imposing more than the minimum sentence for defendant’s felonious-assault conviction where the trial court considered the appropriate statutory factors.
The trial court erred by failing to advise defendant of the required Reagan Tokes notifications under R.C. 2929.19(B)(2)(C).
JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED
JUDGES: OPINION by NESTOR, J.; KINSLEY, P.J., and CROUSE, J., CONCUR.
CAPTION: THOMAS V. COVRETT
APPEAL NO.: C-240331
TRIAL NO.: A-2301175
KEY WORDS: SOVEREIGN IMMUNITY — R.C. 2744.03 — CIV.R. 12(C) — CIV.R. 7 — CIV.R. 10 – NOTICE PLEADING – JUDGMENT ON THE PLEADINGS
SUMMARY: The trial court did not err in denying defendant police officer’s motion for judgment on the pleadings on the basis of sovereign immunity where plaintiff sufficiently pled an exception to sovereign immunity.
JUDGMENT: AFFIRMED
JUDGES: OPINION by NESTOR, J.; KINSLEY, P.J., and CROUSE, J., CONCUR.
CAPTION: STATE V. HARPER
APPEAL NO.: C-240476
TRIAL NO.: B-2301418-A
KEY WORDS: POSSESSION – TRAFFICKING – SUFFICIENCY – MANIFEST WEIGHT – PROSECUTORIAL MISCONDUCT
SUMMARY: Defendant’s conviction for trafficking in a fentanyl-related compound was supported by sufficient evidence and not contrary to the manifest weight of the evidence where the body-worn-camera video depicted defendant admitting ownership of the fentanyl and officers testified about the three bindles and four cellphones found near defendant.
Defendant was not denied a fair trial by the prosecutor’s improper comments during closing argument where defendant could not demonstrate that but for those comments the result of the trial would have been different.
JUDGMENT: AFFIRMED
JUDGES: OPINION by MOORE, J.; KINSLEY, P.J., and ZAYAS, J., CONCUR.
CAPTION: STATE V. ANTOLINI
APPEAL NO.: C-240543
TRIAL NO.: 24/CRB/4103/B
KEY WORDS: AGGRAVATED MENACING — SERIOUS PHYSICAL HARM — JURY INSTRUCTION — PLAIN ERROR — SUFFICIENCY AND WEIGHT OF THE EVIDENCE
SUMMARY: Where defendant was charged with aggravated menacing, the trial court did not commit plain error in providing the jury with the definition of physical harm rather than serious physical harm where the trial court instructed the jury that it had to find that the victim believed defendant would cause her serious physical harm before finding defendant guilty of aggravated menacing, the State highlighted the difference between serious physical harm and physical harm during closing arguments, and the evidence supported a finding of a threat of serious physical harm.
Where the evidence established that victim had a subjective belief of fear of serious physical harm, defendant’s conviction for aggravated menacing was supported by sufficient evidence and was not against the manifest weight of the evidence.
JUDGMENT: AFFIRMED
JUDGES: OPINION by CROUSE, J.; ZAYAS, P.J., and BOCK, J., CONCUR.
CAPTION: IN RE: B.R.F.
APPEAL NO.: C-250143
TRIAL NO.: F/18/1620 X
KEY WORDS: LEGAL CUSTODY — BEST INTEREST OF THE CHILD
SUMMARY: In a permanent-custody case, the juvenile court’s decision denying the grandmother’s petition for legal custody was supported by a preponderance of the evidence and therefore was not an abuse of discretion where the evidence showed that grandmother tested positive for illicit substances, and the child’s young age at the time of trial prevented self-protection.
JUDGMENT: AFFIRMED
JUDGES: OPINION by KINSLEY, P.J.; ZAYAS and BOCK, JJ., CONCUR.