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Ohio Appeals / Appellate Law Questions & Answers
1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Ohio on
Q: Is my driving record clear after an overturned physical control charge for a job?

I had an OVI charge in Ohio over three years ago that was reduced to physical control because I wasn't driving the car. I completed a rehab program, paid fines, and got the charge overturned in appeals court. I've reviewed my driving record at the BMV, and I'm now applying for a job... View More

James L. Arrasmith
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answered on Jun 5, 2025

Dealing with a past OVI can be stressful, but having the conviction overturned means that there should not be a conviction on your official driving record. Once the appeals court vacated the physical control charge, the BMV will not list a conviction or points for that incident. While an arrest... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Medical Malpractice and Personal Injury for Ohio on
Q: Case law on split in appeal circuits: medical care, force, immunity.

I am looking for case law on the split in appeal circuits regarding inadequate medical care and excessive force claims, specifically focusing on whether contractor jail doctors are granted qualified immunity. Additionally, I am interested in conflicting cases within the 6th Circuit Court of Appeals... View More

James L. Arrasmith
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answered on May 15, 2025

This is a very important and evolving area of law, and you're right to focus on the circuit split — especially when it comes to how qualified immunity applies to privately contracted medical providers in jails and prisons. Some federal appellate courts have held that private contractors are... View More

1 Answer | Asked in Appeals / Appellate Law, Social Security and Public Benefits for Ohio on
Q: How to obtain psychological eval used in Ninth District decision for SSI?

I am assisting Steven O'Malley, whose case was mentioned in the 2006 Ohio Court of Appeals decision for the Ninth District, State v. O'Malley. The decision refers to Steven's mental disability. I am seeking psychological evaluation reports or similar documentation used in his appeal... View More

James L. Arrasmith
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answered on May 7, 2025

To obtain psychological evaluation records from an Ohio court case, you will need to submit a formal records request with a properly executed release of information form. The Ohio Public Records Act allows access to court records, though medical records require specific authorization.

For... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Ohio on
Q: Seeking legal advice for son's parole and wrongful conviction in Ohio.

My son is serving a 15-to-life sentence in Ohio for rape, and he marked 15 years of imprisonment in February 2025. I recently connected with the victim's father, who provided a notarized letter stating that my son is innocent and never touched his daughter. He is willing to testify on my... View More

James L. Arrasmith
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answered on May 15, 2025

What you're going through as a parent is heartbreaking, and your persistence in seeking justice for your son shows deep strength. If he was eligible for parole in February 2025 but didn’t receive a hearing, the first step is to contact the Ohio Parole Board to ask why his hearing was delayed... View More

2 Answers | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Ohio on
Q: Concerns about violation of rights in an aggravated burglary case in Ohio due to lengthy trial delays and lack of accuser testimony.

My daughter was charged with aggravated burglary in Ohio in July 2024 after allegedly kicking in her boyfriend's door and having a physical altercation with a girl inside. It seems her rights may be violated as nobody has testified at any of her court dates over the past 10 months. Recently,... View More

Matthew Williams
Matthew Williams
answered on May 3, 2025

Unfortunately, the criminal process is a long one and the right to confrontation comes at the end.

Ohio has a codified right to a speedy trial. Assuming the defendant is out on bail, the State has 270 days to bring her to trial on a felony. There is a triple count on days, if the accused... View More

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1 Answer | Asked in Public Benefits, Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: Should my lawyer discuss SSDI denial errors before appealing in Ohio?

I recently received a denial letter for my SSDI claim, which contained several errors and unfounded assumptions. Specifically, the letter did not address my medications or their side effects and included comments about addiction to alcohol and marijuana without evidence. It also overlooked how my... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're dealing with this—it’s frustrating to fight for benefits you truly need and feel like you’re being misrepresented or ignored in the process. Errors in your SSDI denial that misstate your medical history, medications, or daily limitations should absolutely be... View More

2 Answers | Asked in Appeals / Appellate Law, Child Support, Contracts, Civil Litigation and Family Law for Ohio on
Q: Should I take legal action against my ex-husband for non-compliance with a court ruling and child support payments?

My ex-husband has failed to comply with a court ruling from December 2021. He was supposed to remove my name from the car title, but instead, he has made sporadic payments, leading to the car's repossession in 2023 and damaging my credit score. Additionally, he is over $37,000 behind on child... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 24, 2025

Yes, you should take legal action. Contact your divorce lawyer and ask to file a motion to show cause. CSEA may also pursue criminal failure to support charges as well.

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1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Ohio on
Q: How to appeal EEOC decision in Ohio for medical condition discrimination due to past disability?

I live in Ohio and would like to appeal an EEOC decision in federal district court. The complaint involved discrimination due to a medical condition, which falls under a protected class due to past disability, and the outcome was not in my favor. I received the EEOC decision on March 5, 2025. What... View More

James L. Arrasmith
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answered on Apr 14, 2025

To appeal the EEOC decision, you first need to file a complaint in the federal district court in Ohio. The deadline to file this appeal is typically 90 days from the date you received the EEOC's decision. Make sure to check the specific date on your decision notice to ensure you're within... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: Legal options for Adonis fined for preparing 'tomato bomb' in Ohio.

I want to understand the legal situation regarding someone named Adonis, who has been found guilty and fined $100,000 for allegedly preparing a 'tomato bomb.' What are the legal defenses or appeal options available in such a case?

James L. Arrasmith
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answered on Apr 14, 2025

In this case, Adonis is facing a serious situation with a significant fine for preparing a "tomato bomb." The first step would be to review the specific charges against him to determine if there are any legal defenses. If the preparation of the device was not intended for illegal... View More

2 Answers | Asked in Appeals / Appellate Law, Bankruptcy, Arbitration / Mediation Law and Civil Litigation for Ohio on
Q: What document to file after bankruptcy discharge to release garnished wages?

I appealed the denial of a motion to vacate a default judgment due to ineffective service of process in the Ohio 10th District Appeals Court. The court had stayed my case pending my Chapter 7 bankruptcy filing, which has now been discharged as of March 13, 2025. I have 20 days to file my brief.... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2025

File a motion to hold them in contempt for failing to release the garnishment and return the funds, which is- a violation of the automatic stay.

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1 Answer | Asked in Appeals / Appellate Law and Social Security for Ohio on
Q: How can I ensure treating physician's evidence is recognized in my SSD appeal after unfavorable ALJ decision?

I had an ALJ hearing regarding my Social Security Disability benefits, which resulted in an unfavorable decision. The ALJ did not give proper consideration to a letter from my treating physician, which referenced my impairment and disability period, even though it was written after my claimed... View More

James L. Arrasmith
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answered on Mar 23, 2025

When appealing an unfavorable ALJ decision, focus on highlighting how your treating physician's letter establishes the connection between your current diagnosis and the symptoms that existed before your Date Last Insured. Request that your doctor write a detailed medical statement explicitly... View More

2 Answers | Asked in Bankruptcy, Traffic Tickets, Appeals / Appellate Law and Collections for Ohio on
Q: I have had my license suspended for over 10 years, for an accident I wasn't at fault for how do I get it back

I was in an accident died the person at fault, same judge sent me to prison(which didn't transport me) to the 3 hearings scheduled and later made the judgement on me to pay their attorney fees? What should I do? 16k $ is too much to pay

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Make arrangements to pay the judgment (1) in full; (2) in installments or (3) file bankruptcy on all of your debt.

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1 Answer | Asked in Immigration Law, Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: CAN WE GET PR CARD BACK WHICH WAS ISSUED IN 2005 AND DID NOT MENTAINED 730 DAYS IN CANADA ?

ME AND MY FAMILY (MY PARENTS &ME) .IT WAS EXPIRING ON 22/10/2005.WE ENTERED CANADA ON 07/05/2005 AND GOT CONFIRMITION OF PERMENANT RESIDENCY ON 27/05/2005. I GOT MY PR CARD/ SIN / HEALTH INSURANCE EVERYTHING. AND EXPIRY DATE ON PR CARD WAS 25/05/2010.

SO FOR THE CITIZENSHIP WE HAVE TO... View More

James L. Arrasmith
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answered on Oct 11, 2024

It is unlikely that you can simply reactivate your old PR status, as permanent residency in Canada requires maintaining residency obligations, including being physically present in Canada for at least 730 days within a five-year period. Since you and your family left Canada in 2005 and did not meet... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: Do I still have a chance?

What can I do after permanent custody was granted to CPS from the lies that can be proven with transcripts from court, having a split decision at the 11th district Court of appeals and my attorney was 48 minutes late filing the appeal to the Supreme Court due to documented computer glitch, stating... View More

James L. Arrasmith
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answered on May 24, 2024

You still have options to pursue, even after permanent custody was granted to CPS. Given the documented issues with your attorney's late filing due to a computer glitch and the alleged lies that can be proven with court transcripts, you may be able to seek legal recourse. One potential step is... View More

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Im confused as to what documents and as to who gets what when filing an appeal packet in Ohio 5th District court?

I am not sure where and who gets what papers to file an appeal. Does the trial court get my evidence information when I file?

Nicholas P. Weiss
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answered on May 14, 2024

There are many rules about how to file an appeal and how to transfer the docket and the trial information to the appellate clerk. Please do not try to do this yourself. It is very easy to mess up, and then your appeal would be dismissed. Get local counsel to assist you in the appeal, even if... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Appeals / Appellate Law for Ohio on
Q: Would I be able to go after a vet office for making me sign things while I was in a mental crisis?

When I had to put my cat down, I was not in the correct state of mind. I could barely comprehend what was going on at the time as if I was in a dissociative state. I'm not able to pay the bill, and despite me saying that multiple times, it felt as if they kept pressuring me to sign the... View More

Matthew Williams
Matthew Williams
answered on Jan 14, 2024

You need to pay your bills like all of the rest of us.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I am my son's POA. Can I file a sentence appeal with the Ohio Forth District Court of Appeals for him? If so, how?
Nicholas P. Weiss
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answered on Nov 16, 2023

No. A power of attorney does not empower you to represent him in a court of law, which would include the filing of an appeal.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Ohio on
Q: In an Ohio divorce, can a motion for relief from judgement be filed by a party after an appeal by the opposing was filed

Courts made their own journal entry for divorce based on an MOU we filed with the court. Parties were supposed to draft own entry but battled on the language and hidden items. Ex has appealed based on abuse of discretion, changes to agreement. She is battling a contingency clause she specifically... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 28, 2023

The time to file a relief from judgment would have been before an appeal was filed. Under these facts i do not think such a motion would be successful.

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