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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. McGowan
| 2017-A-0077 | CIVIL - post-conviction relief; second request to set aside conviction; res judicata; no argument; App.R. 16(A)(7). | Rice | Ashtabula |
6/11/2018
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6/11/2018
| 2018-Ohio-2247 |
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Illum Co. v. Wiser
| 2017-A-0082, 0083, 0084 | ENERGY & UTILITIES LAW - measure of damages for negligent destruction of utility pole is cost of pole and facilities attached thereto based on reproduction cost less accrued depreciation of damaged pole and facilities attached thereto; indirect costs of repairs (overhead) are a proper element of damage for which recovery may be had in case involving damage to utility pole where such costs can be proved with reasonable certainty and have been correctly made in accord with sound accounting principles. | Rice | Ashtabula |
6/11/2018
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6/11/2018
| 2018-Ohio-2248 |
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State v. Cozzone
| 2017-G-0141 | CRIMINAL - felony sentencing; R.C. 2929.11; R.C. 2929.12; silent record; failure to comply with the conditions of intervention and community control; R.C. 2929.14; consecutive sentences; clearly and convincingly find the record does not support the trial court's findings; R.C. 2929.15(B); technical violation of community control sanctions; motion for reconsideration; nullity; remand for sentencing. | Cannon | Geauga |
6/11/2018
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6/11/2018
| 2018-Ohio-2249 |
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State v. DiBiase
| 2017-L-027 | POST CONVICTION RELIEF - a trial court's decision to grant or deny a petition for post conviction relief is reviewed for abuse of discretion; a petition for post conviction relief must be filed within 180 days after the trial transcript is filed in the court of appeals unless the petitioner can meet the criteria set forth in R.C. 2953.23(A)(1); R.C. 2953.21(A)(1)(b) defines actual innocence for purposes of post conviction relief proceedings; Herrera v. Collins, 506 U.S. 390 (1993) and Schlup v. Delo, 513 U.S. 298 (1995) construed. | O'Toole | Allen |
6/11/2018
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6/11/2018
| 2018-Ohio-2250 |
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State v. Yallah
| 2017-L-086, 087 | CRIMINAL LAW - OVI; traffic stop; identified citizen informant; vehicle color and model; direction of travel; driving recklessly; officer observations; potential marked lanes violation; weaving within lanes; erratic acceleration; hard braking; reasonable suspicion; valid investigative stop. | Rice | Lake |
6/11/2018
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6/11/2018
| 2018-Ohio-2251 |
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State v. Lee
| 2017-L-148 | CRIMINAL LAW - trial court did not abuse its discretion in denying defense counsel's request to continue trial when he was advised by the state four days earlier that co-defendant would testify against defendant where defendant did not agree to continuance but rather wanted trial to proceed at that time and would not agree to speedy trial waiver although time was about to expire in few weeks. CRIMINAL LAW - EVIDENCE - state presented sufficient evidence to support firearm specification to aggravated burglary where defendant used gun after he forced his way into victim's home, although he did not use the gun to gain entry into the home. CRIMINAL LAW - ALLIED OFFENSES LESSER INCLUDED - trial court did not err in not merging aggravated burglary and aggravated robbery convictions where offenses were committed separately and were of dissimilar import since different harm was committed with respect to aggravated robbery. | Rice | Lake |
6/11/2018
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6/11/2018
| 2018-Ohio-2252 |
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State v. Reese
| 2018-T-0043 | APPELLATE REVIEW - duplicate appeal; App.R. 26(B); cannot determine the substance or intention of appellant's pleading. | Grendell | Trumbull |
6/11/2018
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6/11/2018
| 2018-Ohio-2253 |
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State v. Lusane
| 2017-P-0099 | APPELLATE REVIEW - App.R. 5(A); delayed appeal; not diligent in taking the proper steps to protect his own rights; reasons do not justify length of time to appeal. | Wright | Portage |
6/11/2018
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6/11/2018
| 2018-Ohio-2268 |
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State ex rel. Hull v. Culotta
| 2018-L-030 | PROCEDENDO - petition is moot because court addressed motion; petitioner failed to comply with mandatory filing requirements; petitioner has adequate remedy via direct appeal. | Wright | Lake |
6/4/2018
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6/4/2018
| 2018-Ohio-2145 |
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State v. Jackson
| 2017-T-0041 | CRIMINAL LAW - motion for leave; delayed; "motion for new mitigation trial"; death penalty; Sixth Amendment; jury trial; Hurst v. Florida; not appropriately raised in Crim.R. 33 motion; unavoidably prevented; timeliness; harmless error; R.C. 2953.21; postconviction relief; violation of constitutional rights; untimely; R.C. 2953.23; retroactivity; collateral review; Ring v. Arizona; unnecessary to reach constitutional issue; State v. Mason. | Cannon | Trumbull |
6/4/2018
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6/4/2018
| 2018-Ohio-2146 |
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