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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Vanek-Peterson 23 MA 0021Failure to stop after accident, R.C. 4549.02(A)(1)(b); knowingly definition, R.C. 2901.22(B); sufficiency of evidence; manifest weight of evidence; missing trial DVD on appealHanniMahoning 3/22/2024 3/25/2024 2024-Ohio-1096
Stare v. Grange Indemn. Ins. Co. 23 MA 0027RECONSIDERATION – App.R. 26(A); the record establishes this court did not apply an incorrect standard, did not make findings outside the record, and did not unduly punish the Stares by affirming the trial court’s judgment; upon consideration of the App.R. 26(A) application, the Stares have not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law; application denied.Per CuriamMahoning 3/22/2024 3/25/2024 2024-Ohio-1097
Jarvis v. Pompos 23 MA 0084default judgment on money due on promissory note; trial court had both subject matter jurisdiction and personal jurisdiction; Appellant failed to meet test set out in GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976), for relief from judgment; misspelling of fist name in complaint was invited errorHanniMahoning 3/22/2024 3/25/2024 2024-Ohio-1102
State v. West 23 MA 0098Post-conviction application for DNA testing, R.C. 2953.73; eligible offender; R.C. 2953.74; outcome determinative, R.C. 2953.71; abuse of discretionHanniMahoning 3/22/2024 3/25/2024 2024-Ohio-1103
State v. Herns 23 MA 0055CRIMINAL – Appellant failed to demonstrate actual prejudice resulting from preindictment delay where speculation regarding missing evidence and witnesses was required to conclude that evidence and witnesses were relevant and to the defense, and would minimize or eliminate the impact of the state’s evidence and bolster the defense. Further, the defendant must offer evidence of witness’s unavailability in the form of defense counsel’s testimony regarding the efforts undertaken to locate the witness.KlattMahoning 3/21/2024 3/25/2024 2024-Ohio-1099
In re J.G. 23 MA 0075CIVIL - Competent, credible evidence regarding best interest factors supports a juvenile court’s decision awarding custody to the child’s father, where temporary non-parent caretakers allowed child to become morbidly obese and intentionally prohibited the child’s father from maintaining a visitation schedule with the child.KlattMahoning 3/21/2024 3/25/2024 2024-Ohio-1101
Miller v. Transp. Office, Inc. 23 MO 0015CIVIL – summary judgment; Civ.R. 56; negligence; loss of consortium; injuries sustained from an employee falling out of a trailer; Pennsylvania license plate; the record reveals Appellee, an Ohio limited liability company, did not own, maintain, or control the subject trailer from which Appellant fell; Appellee did not owe Appellants any duty, and in turn, did not breach any duty; judgment affirmed.KlattMonroe 3/21/2024 3/25/2024 2024-Ohio-1104
G.A.I. Capital Group, L.L.C. v. Lisowski 23 MA 0052App.R. 25; motion to certify a conflict; conflict must be on the same rule of law, not facts.Per CuriamMahoning 3/18/2024 3/25/2024 2024-Ohio-1098
Cunningham v. Brown 23 MA 0062administrative appeal affirming trial court decision upholding civil service commission decision which upheld the city’s amended removal order terminating employee; prior trial court remand for order to state the reasons for removal did not render first removal order void ab initio; Appellant not entitled to reinstatement with back pay from the date of first removal order through date of amended removal order; remand did not violate civil service rule stating “no material amendment” can be made to the removal order after the employee appeals to the commission; issuance of amended removal order as instructed does not necessarily mean Appellant was an employee at time of issuance.RobbMahoning 3/18/2024 3/25/2024 2024-Ohio-1100
State v. Williams 23 MA 0007Terry stop; reasonable suspicion; motion to suppress; informants; anonymous informer; reliability; general description; “high-crime” area; totality of the circumstances; pat down; reasonable suspicionHanniMahoning 3/14/2024 3/14/2024 2024-Ohio-943
State v. Antonacci 23 BE 0030CRIMINAL LAW – felonious assault; aggravated burglary; guilty plea; consecutively sentenced to a total indefinite prison term of 14 years (minimum) to 18 years (maximum); Reagan Tokes Law; the trial court considered R.C. 2929.11, 2929.12, and 2929.13, and its imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(b) is supported by the record; judgment affirmed.KlattBelmont 3/14/2024 3/14/2024 2024-Ohio-946
Givens v. Longwell 23 BE 0029CIVIL – In action for replevin and conversion, party seeking return of personal property must execute an affidavit in conformance with R.C. 2737.03 to demonstrate ownership in order to survive motion for summary judgment.KlattBelmont 3/14/2024 3/14/2024 2024-Ohio-947
Givens v. Longwell 23 BE 0023Civ.R. 12(B)(6) dismissal; property sold in tax foreclosure; plaintiff has no interest in the property; complaint properly dismissed; vexatious litigatorHanniBelmont 3/14/2024 3/14/2024 2024-Ohio-948
Bounty Minerals v. LL&B Headwater 23 JE 0012CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas lease is a contract subject to the same rules of interpretation as other written agreements; by its own express terms, the Term Royalty Conveyance was limited to the oil and gas lease in effect at the time and only burdened subsequent oil and gas leases upon the occurrence of certain conditions precedent; the record reveals none of the conditions precedent occurred; the trial court did not err in applying a plain reading of the Term Royalty Conveyance; anti-washout provision; last antecedent rule; the Term Royalty Conveyance ended at the same time as the Mason Dixon Lease, just as the parties intended; rule against perpetuities; R.C. 2131.08; warranty of title; slander of title; the language of the contract is clear; judgment affirmed.KlattJefferson 3/14/2024 3/14/2024 2024-Ohio-944
Huntington Bank v. Perdue 23 JE 0011CIVIL – On summary judgment, the plaintiff has no obligation to disprove the defendant’s affirmative defenses. There is no independent cause of action for breach of the implied duty of good faith and fair dealing apart from a breach of the underlying contract. Appellant failed to demonstrate federal preemption of a breach of contract claim on a credit card account.KlattJefferson 3/13/2024 3/14/2024 2024-Ohio-945
Youngstown Professional Firefighters v. Youngstown 23 MA 0082CIVIL – In a complaint to compel arbitration, assertion that the grievance was untimely-filed required interpretation of the collective bargaining agreement, thereby constituting a procedural or subsidiary question to be determined by the arbitrator, rather than a threshold question to be determined by the trial court.KlattMahoning 3/13/2024 3/14/2024 2024-Ohio-940
State v. Flynn 23 MA 0076dereliction of duty charges dismissed; Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967); Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972); State did not meet burden of proof that it did not use Garrity materials; dismissal proper remedyHanniMahoning 3/13/2024 3/14/2024 2024-Ohio-941
In re Guardianship of Robinson 23 MA 0065PROBATE – overruling objections; adopting a magistrate’s decision; guardianship; incompetent; removal of Appellant as the Ward’s representative payee; Social Security benefits; abuse of discretion standard; R.C. 2111.13(A)(1)-(2) and (4); the court addressed misappropriation and determined that Appellant mismanaged the Ward’s funds by not timely paying the Ward’s rent nor providing him with money to purchase personal items; the record supports the court’s finding; the court did not err in ordering that Help Network apply to become the Ward’s representative payee for his Social Security benefits as federal law does not preempt state law in this instance; judgment affirmed.KlattMahoning 3/13/2024 3/14/2024 2024-Ohio-942
State v. Davis 23 MA 0064defense counsel did not render ineffective of assistance of counsel by failing to request a presentence investigation (PSI) at plea hearing prior to sentencing.RobbMahoning 3/11/2024 3/12/2024 2024-Ohio-905
State v. Porter 22 BE 0008new arguments on appeal; evidence de hors the record; res judicata; postconviction; ineffective assistance of trial counsel.RobbBelmont 3/11/2024 3/12/2024 2024-Ohio-903
State v. Ahmed 22 BE 0049CIVIL - When a person sentenced to death whose competency is in question attempts to waive his statutory right to counsel pursuant to R.C. 2953.21(J)(1), the trial court must determine whether the petitioner has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and a rational as well as factual understanding of the proceedings.KlattBelmont 3/11/2024 3/12/2024 2024-Ohio-904
State v. Blue 22 JE 0026sufficient evidence of possession drugs; manifest weight of the evidence; lack of demand for expert testimony on lab report; effective assistance of counsel; felony sentence.RobbJefferson 3/1/2024 3/7/2024 2024-Ohio-826
Barker v. Adult Parole Auth. 23 MA 0079mandamus, R.C. 149.43, motion to dismiss, public records request, records pertaining to probation and parole proceedings exemptPer CuriamMahoning 3/1/2024 3/7/2024 2024-Ohio-823
Trinity Fin. v. D'Apolito 23 MA 0028expiration of statute of limitations on note does not necessarily bar foreclosure action on mortgage; alternatively, an open-end line of credit was not a UCC note; appellant’s reply brief cannot raise alternative arguments from below that were not raised in the initial appellant’s brief; mortgage expiration statute does not apply to mortgagorRobbMahoning 3/1/2024 3/7/2024 2024-Ohio-825
Durig v. Youngstown 22 MA 0044application for reconsideration; App.R. 26; denial of motion for leave to amend answer to include affirmative defense of political subdivision immunity; no obvious error; no issue raised that was not fully consideredPer CuriamMahoning 2/29/2024 2/29/2024 2024-Ohio-743
State v. Yerkey 23 MA 0057misdemeanor assault conviction supported by sufficient evidence and not contrary to the manifest weight of the evidence; Appellant forced to proceed through sentencing unrepresented after attorney permitted to withdraw at sentencing hearing and court denied continuance; state concedes error; although Appellant served jail sentence, court declines to apply mootness doctrine and remands for resentencing with counsel.RobbMahoning 2/26/2024 2/29/2024 2024-Ohio-724
State v. Fulton 23 MA 0043Sufficiency or the evidence; manifest weight of the evidence; drug possession, R.C. 2925.11; circumstantial evidence; constructive possessionHanniMahoning 2/22/2024 2/22/2024 2024-Ohio-671
State v. McFarland 23 CO 0016guilty plea to promoting prostitution; properly classified as Tier I sex offender under R.C. 2950.01(E)(1)(a); R.C. 2950.01(B)(2) exceptions do not apply; nunc pro tunc order to correct clerical error mistake with reporting requirementHanniColumbiana 2/22/2024 2/22/2024 2024-Ohio-669
State v. Bruce 23 BE 0009App.R. 26(B)(5); applicant bears burden of establishing a colorable claim of ineffective assistance of appellate counsel; motion to certify a conflict; App.R. 25; factually distinct; rule of law.Per CuriamBelmont 2/21/2024 2/22/2024 2024-Ohio-651
State v. Ellison 23 MA 0019CRIMINAL LAW – kidnapping; abduction; robbery; assault; trial by jury; sentenced to five years (minimum) to seven and one-half years (maximum) in prison; sufficiency; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight; the jury chose to believe the State’s witnesses; no cumulative error; Appellant’s sentence is not contrary to law; judgment affirmed.KlattMahoning 2/21/2024 2/22/2024 2024-Ohio-653
Stare v. Grange Indemnity Ins. Co. 23 MA 0027PREJUDGMENT INTEREST – uninsured motorist policy; automobile accident; abuse of discretion standard of review; the trial court did not err in determining that the date of accrual for prejudgment interest should be the date Appellants refiled their complaint in Mahoning County; trial courts have discretion in determining a reasonable date of accrual; Appellants’ position that the date of accrual for an award of prejudgment interest is always the date of the accident is both misplaced and unfounded under Ohio law; judgment affirmed.KlattMahoning 2/21/2024 2/22/2024 2024-Ohio-654
State v. Ellison 23 MA 0035CRIMINAL LAW – kidnapping; abduction; robbery; assault; trial by jury; sentenced to three years (minimum) to four and one-half years (maximum) in prison; sufficiency; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight; the jury chose to believe the State’s witnesses; no cumulative error; judgments affirmed.KlattMahoning 2/21/2024 2/22/2024 2024-Ohio-655
Murray v. Auto Owners Ins. 23 MA 0048CIVIL – summary judgment; Civ.R. 56; insurance contract; motion to vacate; Civ.R. 60(B); reconsideration; the trial court did not err in denying Appellant’s motion to vacate since the motion was an improper substitute for an appeal of a final order; Appellant failed to show he had a meritorious defense; Appellant did not set forth which Civ.R. 60(B) ground for relief he was claiming to be entitled; judgment affirmed.KlattMahoning 2/21/2024 2/22/2024 2024-Ohio-656
Brown v. Kozak 23 MA 0022jury verdict in favor of defendant-insurance company on uninsured motorist claim; inconsistent jury interrogatories as to proximate cause; jurors failed to sign interrogatories; errors rose to level of plain errorHanniMahoning 2/21/2024 2/22/2024 2024-Ohio-670
State v. Chipps 23 MA 0053Consecutive sentences, R.C. 2929.14(C)(4); findings by trial court; standard of review for consecutive sentence findings; State v. Gwynne, 2023-Ohio-3851HanniMahoning 2/21/2024 2/22/2024 2024-Ohio-672
State v. Gilreath 23 NO 0509failure to merge offenses was not plain error.RobbNoble 2/21/2024 2/22/2024 2024-Ohio-657
Yarosz v. Montgomery 23 JE 0006CIVIL – domestic relations; divorce; termination of marriage; marital residence; marital property versus separate property; R.C. 3105.171(A)(3)-(6), (B), (D), and (H); Appellee met his tracing burden and Appellant failed to produce any evidence challenging that traceability; the record establishes and the trial court properly found that Appellant failed to demonstrate any separate property interest; the trial court awarded Appellee the full amount of his premarital and separate interest in the marital residence; the trial court’s decision does not go against the manifest weight of the evidence; judgment affirmed.KlattJefferson 2/20/2024 2/22/2024 2024-Ohio-652
Quest Wellness Ohio, L.L.C. v. Samuels 23 MA 0013motion to certify conflict; App.R. 25; application for reconsideration; App.R. 26(A); no certifiable conflictPer CuriamMahoning 2/14/2024 2/15/2024 2024-Ohio-556
U.S. Bank Natl. Assn. v. Smith 22 MA 0111CIVIL – Second motion to certify conflict, which constitutes ninth post-judgment motion/application challenging merits opinion, is overruled as pro se Appellants have previously exhausted their rights under App.R. 25 and 26.Per CuriamMahoning 2/13/2024 2/14/2024 2024-Ohio-546
State v. Derrick 23 MA 0054CRIMINAL – The trial court’s finding with respect to the imposition of consecutive sentence need not immediately follow the imposition of sentence. The trial court’s use of conditional language in its findings does not invalidate the consecutive sentences.KlattMahoning 2/13/2024 2/14/2024 2024-Ohio-548
State v. Earich 23 CO 0015guilty plea to felonious assault; counsel not ineffective; evidence did not support self-defense instruction; court substantially complied with Crim.R. 11(C)(2) in advising Appellant of non-constitutional rightsHanniColumbiana 2/8/2024 2/9/2024 2024-Ohio-477
In re Adoption of B.R.R. 23 CO 0043stepfather adoption; out of state parent; statements of intent to visit without corresponding action; de minimis contact; exceptions; R.C. 3107.07; visitation order; supervised visit; no-contact order.RobbColumbiana 2/8/2024 2/9/2024 2024-Ohio-478
State v. Simmons 22 JE 0022RECONSIDERATION – App.R. 26(A); second pro se application; the record establishes this court neither made an obvious error nor misstated the record regarding a gun being used in Appellant’s altercation with the victim; upon consideration of his first application, Appellant did not demonstrate any obvious errors or raise any issues that were not adequately addressed in our previous opinion; this court was not persuaded that we erred as a matter of law and we denied his first pro se application for reconsideration; App.R. 26(A) does not provide for second or successive reconsiderations; accordingly, Appellant’s second pro se application for reconsideration is denied.Per CuriamJefferson 2/6/2024 2/7/2024 2024-Ohio-436
Givens v. Hanson 23 BE 0013CIVIL – Trial court’s failure to consolidate cases does not constitute an abuse of discretion where no motion to consolidate is filed and there is no evidence in the record demonstrating consolidation was warranted pursuant to Civ.R 42. A reviewing court must presume the validity of the lower court proceedings where no transcript of the proceedings in made a part of the record, and the appellant does not avail herself of the alternatives in App.R. 9(C) and (D).KlattBelmont 2/6/2024 2/6/2024 2024-Ohio-416
In re Adoption of A.R.A. 23 CA 0971adoption by maternal grandmother; best interest of the child; R.C. 3107.161(B)(C); no abuse of discretionHanniCarroll 2/6/2024 2/7/2024 2024-Ohio-435
State v. Daviduk 22 MA 0058Pretrial Motion to withdraw guilty plea; Post-judgment motion to withdraw guilty plea; Crim. R. 32.1; Abuse of Discretion; Competency Hearing, R.C. 2945.37; Waiver of Competency Hearing; Stipulation to Competency Evaluation Report; Reagan Tokes Law; R.C. 2967; Constitutionality; State v. Hacker, Slip Opinion No. 2023-Ohio-2535.HanniMahoning 2/6/2024 2/6/2024 2024-Ohio-411
State v. McMannis 22 MA 0049CRIMINAL LAW – manslaughter; grand theft of a motor vehicle; guilty plea; consecutively sentenced to a total indefinite prison term of 12 years (minimum) to 16 and one-half years (maximum); indefinite sentencing under the Reagan Tokes Law is constitutional; the trial court considered R.C. 2929.11, 2929.12, and 2929.13, and its imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(b)-(c) is supported by the record; judgment affirmed.KlattMahoning 2/6/2024 2/6/2024 2024-Ohio-415
State v. Griffin 22 MA 0126App.R. 26; application for reconsideration; timeliness; App.R. 30; no obvious error; fully considered; res judicataPer CuriamMahoning 2/5/2024 2/6/2024 2024-Ohio-412
State v. Harper 23 CO 0023operating a motor vehicle under the influence of alcohol or drugs; denial of continuance not abuse of discretion; trial counsel was not ineffective; third-degree felony OVI due to prior OVI convictionHanniColumbiana 2/5/2024 2/6/2024 2024-Ohio-413
Bishop v. Cross Creek Twp. Police Dept. 23 JE 0013Civ.R. 12(B)(6) motion for failure to state a claim upon which relief could be granted; complaint failed to provide any specific operative facts in support of a particular cause of actionHanniJefferson 2/5/2024 2/6/2024 2024-Ohio-414
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