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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Payne
| 2017-L-157, 2017-L-158 | CRIMINAL LAW - felony sentencing; consecutive sentences; 27 months imprisonment; statutory factors; proper findings; supported by the record. | Rice | Lake |
9/17/2018
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9/17/2018
| 2018-Ohio-3740 |
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State v. McKee
| 2017-P-0033 | CRIMINAL LAW - aggravated murder; aggravated robbery; grand theft of a motor vehicle; aggravated arson; firearm specifications; phone records; search warrant; lawful seizure; manifest weight of the evidence; sufficient, credible evidence to support convictions. | Rice | Portage |
9/17/2018
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9/17/2018
| 2018-Ohio-3741 |
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State v. Peace
| 2017-P-0037 | CRIMINAL LAW - Merger not warranted when offenses are based on separate acts; post-release control mandatory for first-degree felony sex offenses; R.C. 2929.19(B)(2)(f) does not contain a notification requirement. | Wright | Portage |
9/17/2018
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9/17/2018
| 2018-Ohio-3742 |
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Kent v. CDC-Kent, L.L.C.
| 2017-P-0081 | CIVIL - planning commission; codified ordinances; zoning; amendment; constitutionality; void ab initio; R.C. 713.121; statute of limitations; procedural error; preliminary injunction; permanent injunction; declaratory judgment; counterclaim; motion to vacate; void judgment; jurisdiction; Civ.R. 60(B); voidable judgment; any other reason justifying relief from judgment; court errors and omissions beyond control of the movant; due process; notice; opportunity to be heard; no notice that counterclaim was subject to dismissal; movant's burden is to allege a meritorious claim not to prevail on the merits; injustice. OTHER CIVIL RULES - Civ.R. 53; judgment; interim order; magistrate's decision; magistrate's order; Civ.R. 41(A); notice of voluntary dismissal; self-executing; without order of court; Civ.R. 56; summary judgment; Civ.R. 54(B); no just reason for delay; final appealable order. | Cannon | Portage |
9/17/2018
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9/17/2018
| 2018-Ohio-3743 |
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McCormack v. Jefferson Area Local School Dist.
| 2018-A-0005 | CIVIL - PUBLIC EMPLOYMENT - PROVISION OF DEFENSE AT PUBLIC EXPENSE - R.C. 2744.07(A)(1); following amendment to this statute, in order for a political subdivision to be required to provide a defense for its employee, the trial court must determine that the employee's act occurred while he was acting both in good faith and not manifestly outside the scope of his employment; the pleadings themselves no longer provide an alternative basis on which to require a subdivision to provide its employee with a defense; appellate court held the trial court's finding that the girls basketball coach's sexual activity with two of his students could not reasonably be considered to be in the scope of his employment was supported by competent, credible evidence. | Rice | Ashtabula |
9/17/2018
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9/17/2018
| 2018-Ohio-3744 |
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State v. Lao
| 2018-A-0038 | CRIMINAL LAW - plea of guilty; preliminary hearing; hearing on motion to suppress; no transcripts of proceedings; unreviewable; no ineffective assistance of counsel. | Rice | Ashtabula |
9/17/2018
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9/17/2018
| 2018-Ohio-3745 |
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Andolsek v. Polstein
| 2018-L-054 | APPELLATE REVIEW - Motion for reconsideration is a nullity; does not extend the time to appeal a final judgment; App.R. 4; Civ.R. 58(B), untimely appeal. | Grendell | Lake |
9/10/2018
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9/12/2018
| 2018-Ohio-3626 |
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State v. Hubbard
| 2017-P-0042 | CRIMINAL - Nonsupport of Dependents; R.C. 2919.21(A)(2) and (B); State v. Pittman; current obligation to pay support; arrearage-only order; emancipation | Grendell | Portage |
9/10/2018
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9/10/2018
| 2018-Ohio-3627 |
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State v. Braun
| 2017-L-003 | CRIMINAL LAW - domestic violence; fair trial; due process of law; abuse of discretion standard; Evid.R. 401, 402, 403(A), 404(B); R.C. 2903.211; manifest weight of the evidence. | O'Toole | Lake |
9/10/2018
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9/10/2018
| 2018-Ohio-3628 |
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Kennedy v. Specht
| 2017-A-0079 | CIVIL - conversion; bailment; failure to state a claim; dismissal; Civ.R. 12(B)(6); prosecutorial immunity; R.C. 2744.03(A)(7); common law; investigative/administrative functions | Grendell | Ashtabula |
9/10/2018
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9/10/2018
| 2018-Ohio-3629 |
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