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Posted by: Karen Belcher on May 27, 2020

This is an appeal of the post-divorce modification of a parenting plan. Father ceased making regular contributions into an account for the children’s education that was established in the original parenting plan agreed upon in 2004, but was not included in a modified plan adopted by agreement seven years later. Mother sought to recover the contributions that were not made by Father after 2011 in addition to the amount Father withdrew from the college fund account without her consent. Mother also sought reimbursement for the cost of a vehicle she purchased for one of the children and for an upward adjustment to Father’s child support obligation to pay for extracurricular expenses. The court held that Father was not obligated to contribute to the college fund after 2011, but ordered Father to reimburse the fund for the amount he withdrew; the court denied Mother’s request for reimbursement of the cost of the vehicle and for an upward adjustment of child support, and granted Mother a money judgment for expenses incurred when the children moved out of Father’s home to reside with her. Mother appeals. Upon a thorough review of the record, we discern no error and affirm the judgment.

Posted by: Karen Belcher on May 26, 2020

This post-divorce appeal is the fourth appeal between the parties. This action involves the court’s holding of the mother in criminal contempt for her repeated failure to adhere to the orders of the court. We affirm.

Posted by: Karen Belcher on May 26, 2020

PER CURIAM. By all accounts, Ohio’s public officials have admirably managed the problems presented by the unprecedented COVID-19 pandemic. This includes restricting Ohioans’ daily lives to slow the spread of a highly infectious disease. Nearly every other state and the federal government have done the same. And these are the types of actions and judgments that elected officials are supposed to take and make in times of crisis. But these restrictions have not gone unchallenged. See, e.g., Maryville Baptist Church, Inc. v. Beshear, 957 F.3d 610 (6th Cir. 2020) (per curiam); Adams & Boyle, P.C. v. Slatery, 956 F.3d 913 (6th Cir. 2020). Our Constitution, of course, governs during both good and challenging times. Unlike those cases, however, the Plaintiffs and Intervenors here do not challenge the State’s restrictions per se. Rather, they allege that COVID-19 and the State’s stay-at-home orders have made it impossibly difficult for them to meet the State’s preexisting requirements for initiatives to secure a place on the November ballot—violating their First Amendment rights. So they challenge Ohio’s application of its general election and ballot-initiative laws to them.

“[I]nterlocutory orders of the district courts of the United States . . . granting, continuing, modifying, refusing or dissolving injunctions” are immediately appealable. 28 U.S.C. § 1292(a)(1). And the district court has already denied Defendants’ motion for a stay pending appeal in that court. So we have jurisdiction and Defendants’ motion is ripe for our review.

Posted by: Karen Belcher on May 26, 2020

MURPHY, Circuit Judge. In the First Step Act of 2018, Congress gave district courts discretion to modify some criminal sentences that have long been final. Jamel Smithers appeals a district court’s discretionary denial of his request that the court reduce his sentence under that Act. Yet another federal criminal statute—18 U.S.C. § 3742(a)—identifies only four grounds on which a defendant may seek appellate review of an “otherwise final sentence.” Id. The interrelationship of these laws raises many significant legal questions: Does § 3742(a) apply to Smithers’s appeal of the denial of a sentence reduction under the First Step Act? If so, does his appeal fall within one of the statute’s four authorized grounds? If not, does he have another route to our review? Cf. United States v. Foreman, __ F.3d __, 2020 WL 2204261, at *5–7 (6th Cir. May 7, 2020).

We can avoid these questions in this case. Because § 3742(a) does not affect our subject- matter jurisdiction, the United States may forfeit the argument that § 3742(a) restricts our review by failing to raise that argument. It failed to do so in this case. Yet the district court did not abuse its discretion when denying Smithers’s request for a reduced sentence. So we affirm.

Posted by: Karen Belcher on May 26, 2020

Following a bench trial, the trial court found the Petitioner, Christopher S. Mayberry, guilty of two counts of the sale of methamphetamine. The trial court sentenced the Petitioner to concurrent sentences of ten years for each count, to run consecutively to a prior sentence. The Petitioner timely filed a post-conviction petition, alleging the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that his attorney was ineffective and also asserts that the post-conviction court erred by “delaying the [post-conviction] hearing.” After review, we affirm the post-conviction court’s judgment.

Posted by: Karen Belcher on May 26, 2020

This is a breach of contract action in which Plaintiffs sought to recover the balance of a promissory note executed to secure payment for of a deceased owner’s interest in the defendant company and to recover on a guaranty to secure the note. Defendants conceded that they did not pay the note according to its terms and counterclaimed, asserting that Plaintiffs breached a separate agreement which required the deceased owner’s estate to file amended tax returns and tender payment to the Internal Revenue Service for taxes which had been paid on behalf of the deceased owner by the company. The parties filed cross motions for summary judgment; the court granted Plaintiffs’ motion, denied Defendants’ motion, and dismissed Defendants’ counterclaim. Finding no error, we affirm the judgment.

Posted by: Karen Belcher on May 26, 2020

This is an appeal from a jury trial. The defendants own and manage an apartment complex in Memphis, Tennessee. In 2010, two pit bull dogs left one of the apartments and attacked two individuals in a neighboring lot. One of the individuals died on the scene. The jury found the defendants were at fault and awarded a total jury verdict of $2.5 million. The trial judge granted the defendants’ motion for remittitur of the jury verdict and suggested remittitur of the award to $1.3 million. The plaintiff accepted the remittitur under protest. The defendants appeal, arguing that the trial court erred by denying their motion to amend their answers to assert comparative fault; denying their motion for a continuance; denying their motion for directed verdict; denying their motion for a mistrial due to comments made by plaintiff’s counsel during closing arguments; and denying their motion for new trial due to juror misconduct. In her posture as appellee, the plaintiff asserts that the trial court erred in suggesting remittitur of the jury verdict. For the following reasons, we affirm the decision of the circuit court and remand for further proceedings.

Posted by: Karen Belcher on May 26, 2020

The maternal grandparents filed this action against their daughter, seeking court-ordered visitation with her four-year-old son, after she ceased their visitation during her parenting time. The daughter insisted that the grandparents accept her new husband and cease contact with the child’s father, her ex-husband, before the grandparents could see her and the child again. The grandparents rebuffed their daughter’s request, choosing to visit with the grandchild during the ex-husband’s residential time instead. Following a trial, the trial court found, inter alia, that the daughter placed reasonable conditions on the grandparents’ visitation pending a resolution of the family dispute, that there had not been a severe reduction in the grandparents’ visitation with the child, and there was no danger of substantial harm to the child because the child continued to visit the grandparents on a regular basis. We affirm.

Posted by: Karen Belcher on May 26, 2020

In this divorce matter, the parties engaged in protracted litigation concerning the initial amount of the father’s child support obligation before the trial court set the amount of child support to be paid. Meanwhile, the father sought a modification of his child support obligation. The trial court determined that its order entered on January 27, 2014, was final as to the amount of the father’s initial child support obligation because the order left no remaining issues to be determined. The father has appealed. Discerning no reversible error, we affirm the trial court’s judgment.

Posted by: Karen Belcher on May 26, 2020

Following a bench trial, the trial court found the Petitioner, Christopher S. Mayberry, guilty of two counts of the sale of methamphetamine. The trial court sentenced the Petitioner to concurrent sentences of ten years for each count, to run consecutively to a prior sentence. The Petitioner timely filed a post-conviction petition, alleging the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that his attorney was ineffective and also asserts that the post-conviction court erred by “delaying the [post-conviction] hearing.” After review, we affirm the post-conviction court’s judgment.


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