The Judges of the Clermont County Common Pleas Court will from time to time post in PDF format decisions that have value as precedent or are of interest to the general public. These postings will generally occur at the time the decision is rendered, and before there is any review on appeal of these decisions. Counsel and parties are responsible for researching any later rulings of the Twelfth District Court of Appeals and/or the Ohio Supreme Court that may affect the legal value of these opinions.
Please note: The Google search function, activated by clicking on the magnifying glass icon in the upper right corner of this page, will allow you to search for keywords and phrases within these opinions. Counsel and the public are responsible for the accuracy and completeness of any search results they get. The Court is not responsible for any errors or problems with searches on this site.
As a public service: The Court from time to time will identify decisions in cases which may have particular importance or be of general interest to the public. The Court will post those decisions for approximately one month under the heading “NEW CASES” to allow easier access. Such decisions will also be posted in the regular categories.
NEW CASES
Judge McBride-Decision on the merits after jury-waived trial, tempering with evidence, forgery, falsification, venue, county where crime was committed, ORC 2901.12 interpreted, choice of venues, ORC 2901.12(G) interpreted, no evidence for location of phone calls, emails, mailing of post cards (December 8, 2021)
CRIMINAL ISSUES
Procedure
–Bindover
Judge McBride-Decision on motion to dismiss, delay in bindover, Sup. R. 39(B)(2) construed, no substantive right created for defendant by Rule of Superintendence (September 12, 2012)
–Speedy Trial/Statute of Limitations
Judge McBride-Decision on motion to dismiss, speedy trial, Interstate Agreement on Detainers (IAD). ORC 2963.30 construed, triggering events, calculation of 180 day limit, out of state incarceration (March 21, 2013)
Judge McBride-Decision on speedy trial motion, ORC 2945.71 applied, out of state incarceration, extradition, other Ohio counties, warrants, parole violation, factors to be applied (September 26, 2014)
Judge McBride-Decision on motions to dismiss, Crim. R. 12 (C), (F), and (J) construed, double jeopardy, speedy trial, ORC 2945.71 to .73 construed, tests for actual prejudice and unjustifiable delay, tolling of time for discovery and reasonable continuances, Brady violations, Crim. R. 16 construed (November 25, 2019)
Judge McBride-Decision on motion to dismiss, statute of limitations, Crim. R. 12(C) and (F) construed, tolling of statute, defendant in custody in other jurisdiction, loss of official records, reasonable diligence, warrant, Crim. R. 4(D) (May 27, 2020)
–Motions in Limine
Judge McBride-Decision on two motions in limine, evidence of “other acts”, ORC 2907.05 and 2945.59 construed, Evid. Rule 404 construed, facts and circumstances test, State vs. Williams applied, Ohio Rape Shield Law objectives (November 30, 2015)
Judge McBride-Decision on motions in limine, evidence of other acts, absence of accident or mistake, ORC 2907.05 and 2945.59 construed, Evid. R. 404, gross sexual imposition, cases remote in time, unfair prejudice (February 27, 2017)
-Competency to Stand Trial
Judge McBride-Decision on motion to dismiss, competency hearing, order by Municipal Court, ORC 2945.37, .38, and .39 construed, mental illness, ORC 5122.01 and 5123.o1 construed, no jurisdiction of Municipal Court after indictment, ten day time limit for competency hearing ((December 19, 2017)
Judge McBride-Decision on competency for community control, ORC 2945.37-39 construed, mental health, due process, restoration to competency, least restrictive treatment alternative, involuntary administration of medication, civil commitment as an alternative (July 31, 2018)
-Venue
Judge McBride-Decision on the merits after jury-waived trial, tempering with evidence, forgery, falsification, venue, county where crime was committed, ORC 2901.12 interpreted, choice of venues, ORC 2901.12(G) interpreted, no evidence for location of phone calls, emails, mailing of post cards (December 8, 2021)
Experts
Judge McBride-Decision in criminal case on motion in limine regarding expert testimony on fingerprint indentification Daubert test (January 31, 2011)
Judge McBride-Decision on motion to exclude expert testimony, Evid. R. 104(A) and 702, Daubert test, court function as gatekeeper, expert opinion testimony, auto brewery syndrome, reliability of expert testing of defendant (December 12, 2017)
Consolidation/Severance
Judge McBride-Decision in criminal cases, motion to consolidate, one defendant with offenses of similiar character (April 17, 2012)
Judge McBride-Decision on motions to consolidate or sever trials of co-defendants, Crim. R. 8, 13, and 14 construed, antagonistic defenses, statements of co-defendants, prejudice to fair trials (December 15, 2015)
Judge McBride-Decision on motion to consolidate, similar offenses, Crim. Rules 8(A) and 14 construed, other acts and joinder tests, ORC 2945.59 construed, “scheme, plan or system” evidence, Evid. R. 404 construed (August 22, 2016)
Judge McBride-Decision on motion to sever charges, counts involving alleged crimes four months apart, Crim. R. 8(A) and 14 construed, evidence of other acts, Evid. R. 404, ability of jury to separately consider evidence, absence of prejudice (April 24, 2017)
Search and Seizure, Interrogation
Judge McBride-Decision on motion to supress, Fourth Amendment, controlled drug buy, traffic stop, reasonable and articulable suspicion, totality of circumstances, (October 29, 2012)
Judge McBride-Decision on motion to supress, facts and circumstances, hearsay in affidavit, information from informants, plain view, curtilage, voluntary consent of property owner, fruit of the poisonous tree, (November 7, 2013)
Judge McBride-Decision on motion to supress, photographic line up, procedures for, ORC 2933.83 construed, facts and circumstances, “unduly suggestive”, reliability, administration of line up, use of folders (February 4, 2014)
Judge McBride-Decision on motion to supress, search warrant, daytime distinguished from nighttime, ORC 2933.24, Crim.R. 41(C), time of execution of warrant, time of sunset irrelevant (May 13, 2014)
Judge McBride-Decision on motion to supress, computer hard drive, probable cause, warrant, single warrant needed for computer and hard drive, child pornography images, off-site forensic examination of hard drive (January 13, 2015)
Judge McBride-Decision on motion to suppress, custodial interrogation, Miranda warning, defendant initiates conversation with detective, interview in jail, Fourth Amendment, search of clothing and keys, expectation of privacy (June 30, 2015)
Judge McBride-Decision on motion to suppress, custodial interrogation, Miranda warning, request for counsel, credibility determination between detective and suspect, effect of heroin withdrawal (February 12, 2016)
Judge McBride-Decision on motion to suppress, Fourth Amendment, residential search, warrant, reasonableness, scope of search, plain view exception, items not listed in the warrant (April 21, 2016)
Judge McBride-Decision on motion to suppress, traffic stop, smell of marijuana, probable cause, search of vehicle, search incident, automobile exception to warrant requirement, custodial interrogation, Miranda warning (June 1, 2016)
Judge McBride-Decision on motion to suppress, probable cause, shoplifting, reliance on store loss prevention specialist as reliable informant, search incident to arrest, search of backpack, scope of search (June 1, 2016)
Judge McBride-Decision on motion to suppress, search and seizure, traffic stop, probable cause, canine sniff inspection, scope of search, unreasonable delay (August 17, 2016)
Judge McBride-Decision on motion to suppress, search and seizure, police observation at gas station, consensual encounter, observation of drug related item, canine sniff of vehicle exterior, reasonable delay to get canine unit on scene (February 9, 2017)
Judge McBride-Decision on motion to suppress, search and seizure, traffic stop, probable cause, drug dog sniff test, reliability, interrogation, driver in custody during traffic stop, duration of vehicle inspection (October 25, 2016)
Judge McBride-Decision on motion to suppress, search and seizure, sufficiency of affidavit for warrant, Crim. R. 41(C) and ORC 2933.24 construed, veteran officer observing drug related activity, nexus between person and motel room (May 1, 2017)
Judge McBride-Decision on motion to suppress, Crim. R. 12(C), police interrogation, Miranda warning, arrest or custody, facts and circumstances, questioning at police station, voluntary confession, police promises, leading questions, inducement (July 21, 2017)
Judge McBride-Decision on motion to suppress, Crim. R. 12(C), motor vehicle, reasonable suspicion of OMVI, 911 call, wellness check, ORC 4511.19(A) construed, driver passed out behind wheel, “operate vehicle” ORC 4511.01(HHH) construed (September 29, 2017)
Judge McBride-Decision on motion to suppress, OVI arrest, officer’s investigation at scene, one car accident, probable cause, totality of circumstances, horizontal gaze nystagmus (HGN) test, HGN test in hospital bed, NHTSA test standards (February 5, 2018)
Judge McBride-Decision on motion to suppress, Crim. R. 12(C), search and seizure, traffic stop, duration of stop, reasonableness of stop, probable cause, smell of marijuana in vehicle, (May 2, 2018)
Judge McBride-Decision on motion to suppress, search warrant, medical records after auto accident, sufficiency of affidavit, probable cause, basis of knowledge for issuing magistrate, specific allegation regarding evidence of crime, no good faith exception, statutory exception under ORC 2317.02 and .022, reasonable expectation of privacy in medical records (July 6, 2018)
Judge McBride-Decision on motion to suppress confession, Miranda warning, in-custody interrogation, absence of coercion, silence as waiver of right to call an attorney, statements by interrogating officer not coercion, voluntary admissions (August 7, 2018)
Judge McBride-Decision on motion to suppress confession, custodial interrogation, Miranda warning, reading of rights from form, lack of written waiver, oral waiver, knowing and voluntary admissions (December 21, 2018)
Judge McBride-Decision on motion to suppress, investigation of drug overdose, police interrogation, knowing, intelligent, voluntary, promise of leniency, totality of circumstances, confession voluntary, ORC 2921.12(A) tampering with evidence (January 18, 2019)
Judge McBride-Decision on motion to suppress, Fourth Amendment, possession of drugs, search of purse, Terry stop, investigative stop, anonymous tip, lack of reasonable suspicion, totality of circumstances (May 3, 2019)
Judge McBride-Decision on motion to suppress, Fourth Amendment, exception to warrants requirement, police/citizen encounter, check of identification, consensual encounter vs. arrest, pat down for drugs or weapons (July 1, 2019)
Judge McBride-Decision on motion to suppress, Fourth Amendment, traffic stop, weaving within traffic lane, use of turn signal, reasonable suspicion, probable cause for arrest, field sobriety tests, dash camera evidence, observation of defendant driver (February 24, 2020)
Judge McBride-Decision on motion to suppress, Fourth Amendment, traffic stop, probable cause, reasonable suspicion, drug sniffing dog, ORC 4529.11 construed, “acquired from a former owner” construed, vehicle registration, driver not the owner (February 25, 2020)
Offenses
Judge McBride-Decision in criminal case after bench trial, definitions-felonious assault, deadly weapon, intent, operable weapon,interference with custody. Application of proof beyond reasonable doubt (July 6, 2012)
Judge McBride-Decision in criminal case after bench trial, ORC 4511.19(A)(1)(a) OMVI, influence of a drug of abuse, absence of proof of alcohol use, proof of drug usage, burden of proof, no chemical test, lack of evidence, driving under suspension (August 24, 2012)
Judge McBride-Decision in criminal case after bench trial, ORC 4511.19(A)(1)(a), OMVI, prescription medications, drug of abuse, lack of physical imparement, burden of proof, explanations for troopers’ observations, defendant’s physical conditions (September 12, 2012)
Judge McBride-Decision on motion to dismiss, sex offender, failure to register, effect of statute being unconstitutional, ORC 2950.05(F)(1) and 2950.99 construed, State vs. Bodyke applied. (October 29, 2012)
Judge McBride-Decision after jury waived trial, gross sexual imposition, ORC 2907.05(A)(4) interpreted, “erogenous zone” defined (November 4, 2012)
Judge McBride-Decision after jury waived trial, ORC 2913.02(A)(1), theft of drugs, evidence, credibility, beyond reasonable doubt, facts and circumstances (November 20, 2013)
Judge McBride-Decision after bench trial, child endangering, felonious assault, child abuse, corporal punishment, excessive when (January 21, 2014)
Judge McBride-Decision on merger of offenses, ORC 2941.25, drug offenses, separate animus, same conduct, allied offenses, (May 14, 2014)
Judge McBride-Decision on merger of offenses, ORC 2941.25, criminal non-support, allied offenses of similar import, multiple victims as showing different import, different time periods, (April 13, 2015)
Judge McBride-Decision following jury waived trial, gross sexual imposition, ORC 2907.05(A)(1) construed, definitions-sexual contact, sexual gratification, erogenous zone; facts and circumstances test, proof beyond reasonable doubt, use of force (March 9, 2015)
Judge McBride-Decision following jury waived trial, receiving stolen property, misuse of a credit card, elements, knowingly, facts and circumstances, proof beyond reasonable doubt, determining intent from actions with credit card (September 14, 2015)
Judge McBride-Decision after jury waived trial, child endangerment, ORC 2919.22(A), elements, misdemeanor or felony, serious physical harm, malnutrition, failure to thrive, factors to consider in determining level of offense (May 2, 2016)
Judge McBride-Decision on the merits following jury waived trial, possession of heroin, ORC 2915.11 construed, constructive possession, “knowingly” construed, circumstantial evidence of knowledge (June 2, 2017)
Judge McBride-Decision on the merits after jury-waived trial, theft offense, theft from the elderly, ORC 2913.02(A) construed, intent “knowingly”, “intent to deprive”, home construction, time to perform, factors affecting delay (July 5, 2017)
Judge McBride-Decision on the merits following jury waived trial, drug offenses, proof beyond reasonable doubt, bringing drugs into a detention facility, resisting arrest, elements of offenses (December 8, 2017)
Judge McBride-Decision on the merits following jury waived trial, reporting requirements, sexual offender, ORC 2950.06 and .07 construed, tolling for incarceration, records as hearsay, Evid. R. 803(6) and (8) and 902 applied (January 12, 2018)
Judge McBride-Decision on the merits after jury waived trial, attempted aggravated murder, proof beyond reasonable doubt, ORC 2901.05(E) construed, prior calculation and design, felonious assault, improper discharge of a firearm, sawed off shotgun, transferred intent (March 8, 2018)
Judge McBride-Decision on the merits after jury waived trial, resisting arrest, assault on a police officer, ORC 2921.33 and 2903.13 construed, beyond reasonable doubt, ORC 2901.05(E) construed, recklessly, ORC 2901,22(C) construed (March 20, 2018)
Judge McBride-Decision on the merits following jury waived trial, beyond reasonable doubt defined, elements of crimes of kidnapping, felonious assault and conspiracy to commit aggravated murder, insufficiency of indictment, Crim. R. 7(B) applied (November 9, 2018)
Judge McBride-Decision on the merits following jury waived trial, traffic stop, substance in baggies, possession of drugs, ORC 2925.11(A) construed, trafficking in drugs, ORC 2925.03(A) construed, weight of drugs, testing samples, scales, cell phones, cash and baggies as evidence (January 9, 2019)
Judge McBride-Decision on the merits following jury waived trial, beyond reasonable doubt, drug offenses-possession, trafficking, weapon under disability, improper handling of a firearm, ORC 2923.13(A), 2923.16, 2921.33, 2925.11(A) and 2925.03(A) construed (February 19, 2019)
Judge McBride-Decision on the merits after jury waived trial, telecommunications harassment, ORC 2917.21(B)(2) construed, Facebook post, defendant’s state of mind, knowingly, lack of purpose to harass or threaten, proof beyond reasonable doubt, (March 19, 2019)
Judge McBride-Decision on the merits following jury-waived trial, breaking and entering, ORC 2911.13 (A) construed, definition of stealth, fenced area as an occupied structure, proof beyond reasonable doubt, ORC 2901.05(E) construed (April 19, 2019)
Judge McBride-Decision on the merits after jury waived trial, drug possession, ORC 2915.11(A) construed, proof beyond a reasonable doubt. ORC 2901.05(E) construed, driver and passenger, state of knowledge, circumstantial evidence, concealment in pop can (April 22, 2019)
Judge McBride-Decision on the merits after jury waived trial, proof beyond reasonable doubt, burglary, ORC 29111.12(A) construed, occupied structure, present or likely to be present, homeowner away at work, theft of a firearm, ORC 2913.02(A) construed (May 8, 2019)
Judge McBride-Decision on the merits after jury waived trial, proof beyond reasonable doubt, ORC 2911.12, 2911.10, 2941.141, 2913.02, and 2923.13 construed, burglary, trespass, “likely to be present”, theft of a firearm, firearm specification, weapon under disability, validity of a prior juvenile offense (January 31, 2020)
Judge McBride-Decision on the merits after a jury-waived trial, acquittal, proof beyond reasonable doubt defined, drug possession, ORC 2925.11(A) construed, constructive possession, traffic stop, driver is not owner of car, actual knowledge of presence of drugs (June 17, 2021)
Motion for New Trial/Mistrial
Judge McBride-Decision in criminal case, motion for new trial, alleged juror misconduct, You Tube video, Evid. R. 606(B), scope of aliunde rule (June 15, 2012)
Judge McBride-Decision on motion for a new trial, Crim. R. 33 construed, newly discovered evidence, Brady violation, material evidence, different result at trial, expert opinion on point of origin of fire (December 30, 2013)
Judge McBride-Decision on motion for a mistrial after guilty verdict, motion considered to be a motion for new trial, Crim. R. 33 and 16 construed, past history of defendant, additional Children Services records, records under seal, Brady violation, grounds for in camera inspection (June 2, 2017)
Judge McBride-Decision on motion for a new trial, newly discovered evidence vs. newly available evidence, timing of discovery of evidence, witness availability, due diligence, Crim R. 33(A) construed (April 21, 2020)
Judge McBride-Decision on motion for new trial, Crim. E. 33(A)(6) construed, newly discovered evidence vs. evidence already in existence, post-conviction relief, ORC 2953.21 construed, withdrawal of guilty plea, Crim. R. 32.1, manifest injustice, res judicata from prior appeal (May 27, 2020)
Post Conviction Relief/Post-trial Issues/Withdraw Guilty Plea/Forfeiture
Judge McBride-Decision on petition for post conviction relief, timeliness for jurisdiction (December 1, 2011)
Judge McBride-Decision on petition for post-conviction relief, federal and state, habeas, filing deadlines (January 23, 2012)
Judge McBride-Decision on motion for relief from judgment, Civ.R. 60(B) not applicable to criminal proceedings, res judicata, merger of offenses (October 29, 2012)
Judge McBride-Decision on motion for transcript at state expense, defendant entitled to transcript, when. One copy, post-conviction relief (October 29, 2012)
Judge McBride-Decision on motion to seal record, ORC 2953.31 and .32 construed, number of offenses, counting misdemeanors and felonies (February 15, 2013)
Judge McBride-Decision on motion to seal record, crime of violence defined, ORC 2953.31-.36 construed, ORC 2901.01 construed, review of record, attempted felonious assault (July 5, 2013)
Judge McBride-Decision on motion to vacate judgment, ORC 2953.21 construed, juror misconduct, aliunde rule, YouTube video, ineffective assistance of counsel (July 12, 2013)
Judge McBride-Decision on motion for post-conviction relief, ORC 2953.23, due process, constitutionality of post-conviction relief statute, mental illness, mental retardation, effective assistance of counsel, effective assistance of experts, res judicata, Brady exculpatory evidence, prosecutorial misconduct (November 14, 2013)
Judge McBride-Decision on motion to modify community control sanctions, restitution, monetary judgment for victim, dollar amount fixed, ORC 2929.15 and .18 construed, changes in non-monetary terms, continuing jurisdiction (December 30, 2013)
Judge McBride-Decision on motion for post-conviction relief, actual innocence, ORC 2953.21 and .23, second petition, timing, photographic evidence, DNA testing (September 19, 2014)
Judge McBride-Decision on motion for post-conviction relief, ORC 2953.21, ineffective assistance of counsel, speedy trial, factors to be considered, Defendant out of state, attorney’s decision not to file pre-trial motion, client input on decision not to file motion (March 3, 2015)
Judge McBride-Decision on motion for post-conviction relief, ORC 2953.21 and .23 construed, time for filing, lack of jurisdiction, only statutory right to appointed counsel, merger of offenses, res judicata by appellate decision, no withdrawl of guilty plea (March 17, 2015)
Judge McBride-Decision on motion to seal record, expungement, ORC 2953.31 and .32 construed, number of felonies and misdemeanors, counting felony in case under consideration (June 10, 2015)
Judge McBride-Decision on motion for post-conviction relief, ORC 2953.21 construed, substance of motion rather than label, res judicata as to prior motions, issues that could have been raised on appeal, notice of court costs and post-release control (December 28, 2015)
Judge McBride-Decision on motion to withdraw guilty plea, Crim. R. 32.1 construed, ineffective assistance of counsel, duty to investigate, value of stolen property, price tags, ORC 2913.02 and 2913.61 construed, manifest injustice (February 21, 2014)
Judge McBride-Decision on petition for post-conviction relief, ORC 2953.21 and .23 construed, time of filing petition, absence of newly discovered evidence, res judicata effect of prior decisions, ineffective assistance of counsel (May 11, 2017)
Judge McBride-Decision on motion to withdraw guilty plea, Crim. R. 32.1 and 11 construed, motion filed before sentence is passed, reasonable and legitimate basis for withdrawal, nine factors applied (August 1, 2017)
Judge McBride-Decision on “Motion to Correct Sentence”, motion considered based on content, not the label, ORC 2953.21 construed, timing of filing post-sentence motion, exceptions to deadline for filing, effect of res judicata, allied offenses (August 11, 2017)
Judge McBride-Decision on motion to withdraw guilty plea, Crim. R. 32.1 and 11(C) construed, manifest injustice, knowing, intelligent, and voluntary plea, colloquy with defendant while taking plea, ineffective assistance of counsel, prediction of sentence, (August 15, 2017)
Judge McBride-Decision on motion for post conviction relief, ORC 2953.21 construed, time limits for filing, lack of newly discovered evidence, no direct appeal, res judicata, ineffective assistance of counsel, effect of guilty plea (September 29, 2017)
Judge McBride-Decision on motion for post conviction relief, time limits, res judicata, date of commission of crime, ORC 2953.21 construed, post release control, effect of S.B. 2, no retroactive application of post release control, ORC 2967.021 construed (October 2, 2017)
Judge McBride-Decision on motion to withdraw guilty plea prior to sentencing, Crim. R. 32.1 and 11 construed, nine factor test in withdrawal decision, balancing test, review of factors, (April 9, 2019)
Judge McBride-Decision on motion to seal record/expungement, ORC 2953.31, .32, and .33 construed, consideration of entire record, ORC 2901.01(A)(9) construed, timing requirement, ORC 2953.32(C) construed (May 27, 2020)
-Fines and Costs
Judge McBride-Decision on post-conviction motion, court costs, criminal fines, conversion of community service to fines and costs, ORC 2947.23(A) construed (December 29, 2014)
Judge McBride-Decision on motion to waive court costs, ORC 2947.23 construed, facts and circumstances, indigent defendant, child support (March 16, 2015)
-Forfeiture
Judge McBride-Decision on asset forfeiture, firearm, not guilty by reason of insanity, ORC Chapter 2981 construed, weapon under disability ORC 2923.13 construed, requirement for state to specify forfeiture in indictment, procedure required for forfeiture (August 21, 2017)
Sentencing and Offenses, Merger
Judge McBride-Decision on merger of allied offenses for sentencing purposes (November 9, 2011)
Judge McBride-Decision on merger of offenses, allied offenses of similar import, ORC 2941.25, sentencing, burglary, attempted rape, kidnapping (October 9, 2012)
Judge McBride-Decision on resentencing, ORC 2929.14(A)(3)(B), retroactivity of HB 86, effect on judicial release of change in statutory penalties (November 5, 2012)
Judge McBride-Decision on merger after guilty plea, ORC 2941.25, allied offenses, possession of criminal tools and forgery, fake gift cards (December 17, 2012)
Judge McBride-Decision on merger after guilty plea, ORC 2941.25, allied offenses, possession of criminal tools, forgery, ORC 2913.05(A) telecommunications fraud, fake gift cards (December 20, 2012)
Judge McBride-Decision on merger after jury waived trial, allied offenses of similar import, felonious assault, child endangering, two part test, ORC 2941.25 construed (February 14, 2014)
Judge McBride-Decision on merger after guilty plea, multiple offenses, alteration of VIN numbers, ORC 2941.25 construed, same conduct, separate animus, (April 14, 2014)
Judge McBride-Decision on motion for independent living, not guilty by reason of insanity, mental illness, ORC 2945.401, least restrictive alternative, conditions (May 24, 2013)
Judge McBride-Decision on classification as sexual predator, former ORC 2950.09(B)(3) construed, Megan’s Law, factors to be considered, clear and convincing evidence, nature of offenses, (June 14, 2013)
Judge McBride-Decision on motion for jail time credit and appointment of counsel, correcting jail time credit, ORC 2967.191 and ORC 2929.19 construed, delayed appeal, res judicata, waiver of issue if no appeal (June 20, 2013)
Judge McBride-Decision on motion for post conviction relief, ORC 2953.21, standards for ineffective assistance of counsel, trial strategy, impeachment of witness (November 27, 2013)
Judge McBride-Decision on amount of restitution-ORC 2929.18(A) and 2929.01 construed, definition of “economic loss” and “victim”, supported by credible evidence, Evid. R 101 (August 15, 2014)
Judge McBride-Decision on classification as sexually oriented offender, Megan’s Law, Adam Walsh Act, ORC 2950.09 construed, effect of prior case and res judicata, risk factors, clear and convincing evidence standard, expert testimony (April 20, 2015)
Judge McBride-Decision on motion regarding possible sentence, ORC 2915.041(C) and 2945.75 construed, prior convictions, no allegation in indictment, enhance penalty or change degree of crime, element of crime, requirement for jury fact finding, Apprendi vs. New Jersey applied, (October 6, 2015)
Judge McBride-Decision on motion for new trial, change in Ohio case law, sentencing for multiple OVI offenses, repeat offender statute, ORC 4511.19 and 2929.14(A)(3) compared, effective assistance of counsel when law later changes, Crim. R. 33(A) and 11 compared, conversion to petition for post conviction relief (April 25, 2016)
Judge McBride-Decision on motion regarding sentencing, merger of offenses, ORC 2941.25 construed and applied, similar import, animus, committing offenses separately, burglary and theft as offenses (July 11, 2018)
Judge McBride-Decision on the issue of merger, ORC 2941.25 construed, State vs. Ruff analysis, corrupting another with drugs, involuntary manslaughter, crimes of similar import, separate animus, crimes committed separately, crimes not merged (January 3, 2019)
-Community Control
Judge McBride-Decision on violation of community control, relaxed rules of evidence, hearsay, proof beyond reasonable doubt not required, (June 12, 2014)
