11th District Criminal Case Update

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State v. Jarvi, 2014-Ohio-1774
Jarvi was originally charged with Aggravated Murder and some lesser counts after she was involved in the beating death of a former friend and financial benefactor.  Apparently at the time of the incident, he didn’t give her and her co-defendants any additional financial aid.  She worked out a plea to Aggravated Robbery and Aggravated Burglary and got two consecutive 9-year sentences.  She appealed that sentence and won, because the counts should have merged, resulting in only a single 9 year sentence.  The court resentenced her to that 9.  She now appeals that sentence, arguing that the judge didn’t consider all the statutory factors.  Without some proof that the court specifically ignored one of the factors, the court is presumed to have considered them, even if the judge doesn’t say so on the record.  Nine years is affirmed. Wright, Rice, O’Toole.

State v. Lynch, 2014-Ohio-1775
Lynch appeals his meth cooking conviction, claiming his right to a speedy trial was violated.  The State has 270 days to try a felony case, but a defendant gets credit for 3 days for every 1 that he’s in jail.  So if a defendant spends the entire time awaiting trial in jail, the State has to try him within 90 days.  Lynch’s trial fell between the two numbers, but he didn’t raise the issue at trial and there’s nothing in the record that indicates whether he’s entitled to the 3-for-1 deal.  The appellate court’s hands are tied, and it’s overruled.  His argument that the evidence didn’t point to his guilt also goes nowhere.  Wright, Cannon, Grendell.

State v. Williams, 2014-Ohio-1778
Beer, Vicodin, a poorly-cooked dinner and a misplaced laptop lead to Williams screaming at his mother in her driveway.  The neighbor hears and comes out to “chastise him for talking to his mother in a disrespectful manner.”  In the ensuing physical altercation, the neighbor falls and breaks her wrist.  She ends up with rods, a steel plate and 16 months of physical therapy.  Williams testified that she grabbed him and he was just trying to get her grip off his arms when she fell in the grass.  The only issue on appeal is manifest weight, which boils down to Williams arguing that the jury should have believed his story over the neighbors.  But the jury actually gets to see the witness testify, the appellate court only reads about it.  So it’s a rare day when they don’t defer to the jury’s assessment, and that doesn’t change here.  Wright, Cannon, Grendell.

State v. Johnson, 2014-Ohio-1781
Johnson files a pro se appeal after the court denies his motion to suppress some evidence.  He’s too early.  He hasn’t been convicted or sentenced yet so there is no final appealable order.  Appeal dismissed.  Wright, Cannon, O’Toole.

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