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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Frazier 106772; 106773#106772 & #106773 - S/O v. Nathaniel Frazier Severance; Crim.R. 13; joinder; waiver; probable cause determination; R.C. 2152.12(A); bindover hearing; subject-matter jurisdiction; R.C. 2152.12(I); ineffective assistance of counsel; guilty plea; Crim.R. 11. Appellant waived any argument related to the joinder at the probable cause hearing because appellant did not object to the joinder. The state produced sufficient evidence to establish that probable cause existed to believe that appellant committed the acts charged. The adult court had jurisdiction over the entire case because the juvenile court had authority pursuant to R.C. 2152.12(I) to transfer all charges in the complaint. Appellant was not denied the effective assistance of counsel. CelebrezzeCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1433
CMHA v. Manns 107156Eviction; nonpayment of rent; motion for relief from judgment; federally assisted public housing; serious and repeated violations; 24 C.F.R. 966.4(1). Public housing authority governed by federal regulations failed to make a prima facie showing for eviction under 24 C.F.R. 966.4(1) where the basis for the eviction was a single nonpayment of rent.HeadenCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1434
Westlake v. Cleveland 107222Law of the case; Civ.R. 41(A)(1)(a); notice of voluntary dismissal; start of trial; motion to strike. This court’s issuance of writ of mandamus was law of the case; this court previously held that notice of voluntary dismissal filed by a party to the underlying case was ineffective where it was filed after trial had commenced, and the trial court retained jurisdiction over the case; trial court has jurisdiction to rule on motion to strike an invalid notice of dismissal filed during trial.BlackmonCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1435
Readinger v. Mun. Constr. Equip. Operators 107228Breach of fiduciary duty; breach of contract; defamation; jurisdiction; exclusive jurisdiction; collective bargaining rights; State Employee Relations Board; Unfair Labor Practices; R.C. Chapter 4117; Civ.R. 12(B)(1); Civ.R. 12(B)(6); de novo; statute of limitations; R.C. 2305.11. Dismissal of breach of contract and breach of fiduciary duty claims by employees against their union was proper where the claims were subject to the exclusive jurisdiction of the State Employment Relations Board because they arose from, or depended on, the collective bargaining framework and rights created by R.C. Chapter 4117. Dismissal of defamation claim was proper where the claim was asserted outside of the one-year statute of limitations.HeadenCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1436
M.E. v. J.M. 107273Domestic violence civil protection order; protected person; scope; abuse of discretion; term; R.C. 3113.31. An appeal challenging the duration of a protection order is not moot when the order expires during the pendency of the appeal. The trial court abused its discretion by arbitrarily limiting the duration of the protection order and failing to include the petitioner’s infant daughter as a protected person where there was sufficient credible evidence that the respondent had engaged in domestic violence against petitioner and created a substantial risk to the health and safety of his infant daughter.HeadenCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1437
State v. Downey 107363Plea; effective assistance of counsel; consecutive sentences; timing.- Defendant’s plea will not be set aside on the basis of receiving ineffective assistance of counsel unless the defendant can show that counsel’s deficiencies render his plea involuntary. The consecutive sentence findings do not need to be articulated prior to the trial court orally stating it was imposing consecutive sentences. KeoughCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1438
State v. Smith 107381Sentence; felony sentence review under R.C. 2929.11 and 2929.12. Appellant's 15-month prison term for his conviction of domestic violence is affirmed because this court does not find by clear and convincing evidence that the record does not support appellant's sentence pursuant to R.C. 2929.11 and 2929.12.SheehanCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1439
Luri v. Natl. Union Fire Ins. Co. of Pittsburgh, PA 107412# 107412 Final judgment; R.C. 3929.06; vacated; void; summary judgment. Trial court did not err in granting summary judgment to insurers on appellant’s R.C. 3929.06 supplemental petition because appellant did not have a final judgment as required by R.C. 3929.06 where the trial court’s judgment rendered after jury trial was vacated after appeal. KeoughCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1440
Worldwide Asset Purchasing, L.L.C. v. Shuster 107431Motion for revivor; dormant judgment; assignment of interest; real party in interest; right to trial by jury. Judgment to grant plaintiff-creditor’s motion for revivor of a dormant judgment was not in error where the plaintiff was the real party in interest and defendant offered no evidence that the judgment had been paid, settled, or barred by the statute of limitations. Defendant was not entitled to a jury trial in a revivor action.HeadenCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1441
State v. Townsend 107458Felony sentencing; R.C. 2929.11 and 2929.12. Appellant’s 28-year sentence for voluntary manslaughter and several other felony offenses is supported by the record pursuant to the purposes and principles of felony sentencing set forth in R.C. 2929.11 and 2929.12.SheehanCuyahoga 4/18/2019 4/18/2019 2019-Ohio-1442