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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
State v. Vanek-Peterson
| 23 MA 0021 | Failure 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 appeal | Hanni | Mahoning |
3/22/2024
|
3/25/2024
| 2024-Ohio-1096 |
Stare v. Grange Indemn. Ins. Co.
| 23 MA 0027 | RECONSIDERATION – 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 Curiam | Mahoning |
3/22/2024
|
3/25/2024
| 2024-Ohio-1097 |
Jarvis v. Pompos
| 23 MA 0084 | default 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 error | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1102 |
State v. West
| 23 MA 0098 | Post-conviction application for DNA testing, R.C. 2953.73; eligible offender; R.C. 2953.74; outcome determinative, R.C. 2953.71; abuse of discretion | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1103 |
State v. Herns
| 23 MA 0055 | CRIMINAL – 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. | Klatt | Mahoning |
3/21/2024
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3/25/2024
| 2024-Ohio-1099 |
In re J.G.
| 23 MA 0075 | CIVIL - 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. | Klatt | Mahoning |
3/21/2024
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3/25/2024
| 2024-Ohio-1101 |
Miller v. Transp. Office, Inc.
| 23 MO 0015 | CIVIL – 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. | Klatt | Monroe |
3/21/2024
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3/25/2024
| 2024-Ohio-1104 |
G.A.I. Capital Group, L.L.C. v. Lisowski
| 23 MA 0052 | App.R. 25; motion to certify a conflict; conflict must be on the same rule of law, not facts. | Per Curiam | Mahoning |
3/18/2024
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3/25/2024
| 2024-Ohio-1098 |
Cunningham v. Brown
| 23 MA 0062 | administrative 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. | Robb | Mahoning |
3/18/2024
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3/25/2024
| 2024-Ohio-1100 |
State v. Williams
| 23 MA 0007 | Terry stop; reasonable suspicion; motion to suppress; informants; anonymous informer; reliability; general description; “high-crime” area; totality of the circumstances; pat down; reasonable suspicion | Hanni | Mahoning |
3/14/2024
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3/14/2024
| 2024-Ohio-943 |
State v. Antonacci
| 23 BE 0030 | CRIMINAL 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. | Klatt | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-946 |
Givens v. Longwell
| 23 BE 0029 | CIVIL – 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. | Klatt | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-947 |
Givens v. Longwell
| 23 BE 0023 | Civ.R. 12(B)(6) dismissal; property sold in tax foreclosure; plaintiff has no interest in the property; complaint properly dismissed; vexatious litigator | Hanni | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-948 |
Bounty Minerals v. LL&B Headwater
| 23 JE 0012 | CIVIL – 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. | Klatt | Jefferson |
3/14/2024
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3/14/2024
| 2024-Ohio-944 |
Huntington Bank v. Perdue
| 23 JE 0011 | CIVIL – 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. | Klatt | Jefferson |
3/13/2024
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3/14/2024
| 2024-Ohio-945 |
Youngstown Professional Firefighters v. Youngstown
| 23 MA 0082 | CIVIL – 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. | Klatt | Mahoning |
3/13/2024
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3/14/2024
| 2024-Ohio-940 |
State v. Flynn
| 23 MA 0076 | dereliction 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 remedy | Hanni | Mahoning |
3/13/2024
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3/14/2024
| 2024-Ohio-941 |
In re Guardianship of Robinson
| 23 MA 0065 | PROBATE – 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. | Klatt | Mahoning |
3/13/2024
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3/14/2024
| 2024-Ohio-942 |
State v. Davis
| 23 MA 0064 | defense counsel did not render ineffective of assistance of counsel by failing to request a presentence investigation (PSI) at plea hearing prior to sentencing. | Robb | Mahoning |
3/11/2024
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3/12/2024
| 2024-Ohio-905 |
State v. Porter
| 22 BE 0008 | new arguments on appeal; evidence de hors the record; res judicata; postconviction; ineffective assistance of trial counsel. | Robb | Belmont |
3/11/2024
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3/12/2024
| 2024-Ohio-903 |
State v. Ahmed
| 22 BE 0049 | CIVIL - 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. | Klatt | Belmont |
3/11/2024
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3/12/2024
| 2024-Ohio-904 |
State v. Blue
| 22 JE 0026 | sufficient evidence of possession drugs; manifest weight of the evidence; lack of demand for expert testimony on lab report; effective assistance of counsel; felony sentence. | Robb | Jefferson |
3/1/2024
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3/7/2024
| 2024-Ohio-826 |
Barker v. Adult Parole Auth.
| 23 MA 0079 | mandamus, R.C. 149.43, motion to dismiss, public records request, records pertaining to probation and parole proceedings exempt | Per Curiam | Mahoning |
3/1/2024
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3/7/2024
| 2024-Ohio-823 |
Trinity Fin. v. D'Apolito
| 23 MA 0028 | expiration 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 mortgagor | Robb | Mahoning |
3/1/2024
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3/7/2024
| 2024-Ohio-825 |
Durig v. Youngstown
| 22 MA 0044 | application 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 considered | Per Curiam | Mahoning |
2/29/2024
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2/29/2024
| 2024-Ohio-743 |
State v. Yerkey
| 23 MA 0057 | misdemeanor 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. | Robb | Mahoning |
2/26/2024
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2/29/2024
| 2024-Ohio-724 |
State v. Fulton
| 23 MA 0043 | Sufficiency or the evidence; manifest weight of the evidence; drug possession, R.C. 2925.11; circumstantial evidence; constructive possession | Hanni | Mahoning |
2/22/2024
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2/22/2024
| 2024-Ohio-671 |
State v. McFarland
| 23 CO 0016 | guilty 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 requirement | Hanni | Columbiana |
2/22/2024
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2/22/2024
| 2024-Ohio-669 |
State v. Bruce
| 23 BE 0009 | App.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 Curiam | Belmont |
2/21/2024
|
2/22/2024
| 2024-Ohio-651 |
State v. Ellison
| 23 MA 0019 | CRIMINAL 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. | Klatt | Mahoning |
2/21/2024
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2/22/2024
| 2024-Ohio-653 |
Stare v. Grange Indemnity Ins. Co.
| 23 MA 0027 | PREJUDGMENT 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. | Klatt | Mahoning |
2/21/2024
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2/22/2024
| 2024-Ohio-654 |
State v. Ellison
| 23 MA 0035 | CRIMINAL 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. | Klatt | Mahoning |
2/21/2024
|
2/22/2024
| 2024-Ohio-655 |
Murray v. Auto Owners Ins.
| 23 MA 0048 | CIVIL – 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. | Klatt | Mahoning |
2/21/2024
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2/22/2024
| 2024-Ohio-656 |
Brown v. Kozak
| 23 MA 0022 | jury 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 error | Hanni | Mahoning |
2/21/2024
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2/22/2024
| 2024-Ohio-670 |
State v. Chipps
| 23 MA 0053 | Consecutive sentences, R.C. 2929.14(C)(4); findings by trial court; standard of review for consecutive sentence findings; State v. Gwynne, 2023-Ohio-3851 | Hanni | Mahoning |
2/21/2024
|
2/22/2024
| 2024-Ohio-672 |
State v. Gilreath
| 23 NO 0509 | failure to merge offenses was not plain error. | Robb | Noble |
2/21/2024
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2/22/2024
| 2024-Ohio-657 |
Yarosz v. Montgomery
| 23 JE 0006 | CIVIL – 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. | Klatt | Jefferson |
2/20/2024
|
2/22/2024
| 2024-Ohio-652 |
Quest Wellness Ohio, L.L.C. v. Samuels
| 23 MA 0013 | motion to certify conflict; App.R. 25; application for reconsideration; App.R. 26(A); no certifiable conflict | Per Curiam | Mahoning |
2/14/2024
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2/15/2024
| 2024-Ohio-556 |
U.S. Bank Natl. Assn. v. Smith
| 22 MA 0111 | CIVIL – 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 Curiam | Mahoning |
2/13/2024
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2/14/2024
| 2024-Ohio-546 |
State v. Derrick
| 23 MA 0054 | CRIMINAL – 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. | Klatt | Mahoning |
2/13/2024
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2/14/2024
| 2024-Ohio-548 |
State v. Earich
| 23 CO 0015 | guilty 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 rights | Hanni | Columbiana |
2/8/2024
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2/9/2024
| 2024-Ohio-477 |
In re Adoption of B.R.R.
| 23 CO 0043 | stepfather 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. | Robb | Columbiana |
2/8/2024
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2/9/2024
| 2024-Ohio-478 |
State v. Simmons
| 22 JE 0022 | RECONSIDERATION – 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 Curiam | Jefferson |
2/6/2024
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2/7/2024
| 2024-Ohio-436 |
Givens v. Hanson
| 23 BE 0013 | CIVIL – 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). | Klatt | Belmont |
2/6/2024
|
2/6/2024
| 2024-Ohio-416 |
In re Adoption of A.R.A.
| 23 CA 0971 | adoption by maternal grandmother; best interest of the child; R.C. 3107.161(B)(C); no abuse of discretion | Hanni | Carroll |
2/6/2024
|
2/7/2024
| 2024-Ohio-435 |
State v. Daviduk
| 22 MA 0058 | Pretrial 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. | Hanni | Mahoning |
2/6/2024
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2/6/2024
| 2024-Ohio-411 |
State v. McMannis
| 22 MA 0049 | CRIMINAL 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. | Klatt | Mahoning |
2/6/2024
|
2/6/2024
| 2024-Ohio-415 |
State v. Griffin
| 22 MA 0126 | App.R. 26; application for reconsideration; timeliness; App.R. 30; no obvious error; fully considered; res judicata | Per Curiam | Mahoning |
2/5/2024
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2/6/2024
| 2024-Ohio-412 |
State v. Harper
| 23 CO 0023 | operating 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 conviction | Hanni | Columbiana |
2/5/2024
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2/6/2024
| 2024-Ohio-413 |
Bishop v. Cross Creek Twp. Police Dept.
| 23 JE 0013 | Civ.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 action | Hanni | Jefferson |
2/5/2024
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2/6/2024
| 2024-Ohio-414 |
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