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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Smith v. Buchanan 19 NO 0468Habeas; failure to follow R.C. 2725.04(D); no commitment papers attached to petition; failure to file affidavit of prior civil cases; R.C. 2909.25(A); dismissed.Per CuriamNoble 7/27/2020 7/30/2020 2020-Ohio-3886
In re D.Y. 19 MO 0021suppression issues not preserved for appeal by juvenile’s entry of the plea of admission to burglary; confession not coerced by threat of incarceration; Miranda rights voluntarily, intelligently, and knowingly waived.RobbMonroe 7/10/2020 7/17/2020 2020-Ohio-3758
Johnson v. Kuehn 19 CA 0935There was no evidence an express or implied trust was created; Summary judgment was appropriately granted.RobbCarroll 7/10/2020 7/17/2020 2020-Ohio-3757
State v. Jones 19 HA 0003motion to certify conflict; sentencing; community control violation; consecutive; notice.Per CuriamHarrison 7/1/2020 7/6/2020 2020-Ohio-3607
Mascher v. Basement Care, Inc. 19 CO 0022civil; contract; arbitration; non-signatory to arbitration clause; procedural unconscionability; substantive unconscionability; arbitrable and non-arbitrable claims.DonofrioColumbiana 6/30/2020 7/2/2020 2020-Ohio-3582
State v. Howell 19 MA 0026CRIMINAL LAW – burglary; 24-month prison sentence; guilty plea; Appellant stipulated to probable cause that he violated the terms and/or conditions of his community control sanctions; Appellant used cocaine and marijuana and was unsuccessfully terminated from the Dorothy Burdman Home; the trial court did not abuse its discretion in revoking Appellant’s community control; R.C. 2953.08(G); R.C. 2929.11; R.C. 2929.12; the trial court was not required to make specific findings; a silent record raises a rebuttable presumption that the sentencing court considered the statutory factors; R.C. 2929.14(A)(3); Appellant’s sentence is within the statutory range; a trial court lacks jurisdiction to reconsider its own valid final judgment.D'ApolitoMahoning 6/30/2020 7/6/2020 2020-Ohio-3608
Cardinal Joint Fire Dist. v. Kalan 19 MA 0051CIVIL – the trial court did not abuse its discretion in adopting a magistrate’s decision determining that Appellant’s property is a nuisance and ordering that it be demolished; bench trial; status hearing; inspections; re-inspections; photographs; numerous deficiencies and ordinance violations; Appellant admitted that he failed to make any repairs to his property; Appellant was not denied “meaningful access to the courts;” Appellant’s due process rights were not violated as he was given notice and an opportunity to be heard; City of Canfield Ordinances 1313.01, 1313.02, 1313.03, and 1313.06.D'ApolitoMahoning 6/30/2020 7/6/2020 2020-Ohio-3609
Boardman Twp. v. Terlecky 19 MA 0091CIVIL – Boardman Home Rule Resolution (“HRR”) 99-02, Section 3, (C)(4); weeds; Canada thistle; civil citation; bench trial; matters of law reviewed de novo; manifest weight of the evidence; the Ohio Administrative Code defines prohibited “noxious weeds” but HRR 99-02 does not; the civil citation filed against Appellee alleges violations under HRR 99-02; nowhere within the citation does Appellant maintain that Appellee is in violation under the Ohio Administrative Code; HRR 99-02 does not reference and incorporate the Ohio Administrative Code; Appellee is not required to look elsewhere, beyond the parameters of HRR 99-02; the trial court did not err as a matter of law in finding that Appellee is not in violation of HRR 99-02, Section 3, (C)(4) and the evidence supports the court’s decision.D'ApolitoMahoning 6/30/2020 7/6/2020 2020-Ohio-3612
State v. Armocida 18 MA 0015Crim.R. 26; the state need not always present physical evidence or a photograph of physical evidence to support a theft conviction; R.C. 2913.71; R.C. 2913.03(U).WaiteMahoning 6/30/2020 7/6/2020 2020-Ohio-3621
State v. Watkins 19 MA 0024Motion to certify a conflict; App.R. 25(A).Per CuriamMahoning 6/30/2020 7/6/2020 2020-Ohio-3626