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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Creech v. Gaba 15AP-1100The trial court did not err when it granted summary judgment in favor of appellee.BrownFranklin 1/19/2017 1/19/2017 2017-Ohio-195
In re Certificate of Need Application for Project "Livingston Villa," Cuyahoga Cty. 15AP-1146Judgment affirmed. Because the director of the Ohio Department of Health ("ODH") approved the transfer of long-term care beds from a Summit County facility into Franklin Plaza, and separately approved the transfer of beds from Franklin Plaza into Livingston Villa, the transfer of beds from Franklin Plaza into Livingston Villa did not violate R.C. 3702.53(B). Because any decrease in bed capacity, including a total decrease in bed capacity, does not render an entity out of substantial accordance with its certificate of need ("CON"), the transfer of all of the long-term care beds from Hillside Plaza into Livingston Villa did not violate R.C. 3702.52(E). Livingston Villa also presented sufficient testimony explaining why renovating Hillside Plaza was not feasible. The director's order granting the Livingston Villa CON application was supported by reliable, probative, and substantial evidence. Because ODH timely certified the administrative record to this court, appellants were not entitled to judgment in their favor.KlattFranklin 1/19/2017 1/19/2017 2017-Ohio-196
State v. Armengau 16AP-355Trial court did not abuse its discretion when it denied appellant's motion for leave to file a delayed motion for new trial under Crim.R. 33(A)(6) because appellant's affidavit did not contain clear and convincing proof that appellant was unavoidably prevented from discovering the evidence supporting his motion for new trial within 120 days after the day on which the verdict was rendered. Trial court did not abuse its discretion when it denied appellant's motion for leave to file a delayed motion for new trial under Crim.R. 33(A)(1)-(5) because appellant's affidavit did not contain clear and convincing proof that appellant was unavoidably prevented from filing his motion for new trial within the 14 days after the day on which the verdict was rendered. Judgment affirmed.SadlerFranklin 1/19/2017 1/19/2017 2017-Ohio-197
State ex rel. Chafin v. Brown 16AP-572Writ of procedendo dismissed.BrownFranklin 1/19/2017 1/19/2017 2017-Ohio-198
In re D.C. 16AP-124The juvenile court did not err when it granted D.C.'s motion to dismiss Counts 3 and 4 of the juvenile complaint.Luper SchusterFranklin 1/12/2017 1/12/2017 2017-Ohio-114
State v. Wiggins 16AP-170Judgment affirmed. Nothing in the record supports the appellant's claim of ineffective assistance of counsel. In addition, appellant's claim that the trial court was without legal authority, and improperly indicated in the sentencing entry, that judicial release would never be available, is not ripe for review. Therefore, appellant's convictions for felonious assault with specification, and having a weapon while under disability are affirmed.HortonFranklin 1/10/2017 1/10/2017 2017-Ohio-62
State ex rel. Head v. Brown 16AP-618Inmate is not entitled to a writ of procedendo when trial court judge has already issued a ruling.TyackFranklin 1/10/2017 1/10/2017 2017-Ohio-63
State v. Brown 16AP-634Defendant in criminal case was entitled to refund of court costs after his conviction was vacated.TyackFranklin 1/10/2017 1/10/2017 2017-Ohio-64
State ex rel. Richardson v. Cocroft 16AP-655Action in procedendo filed by inmate is dismissed due to noncompliance with R.C. 2969.25(A) and (C).TyackFranklin 1/10/2017 1/10/2017 2017-Ohio-65
Thompson v. Knobeloch 16AP-809Notice of cross-appeal filed with clerk of court of appeals instead of the clerk of the trial court did not comply with App.R. 3(A) and 3(C) and did not vest the court of appeals with jurisdiction over the cross-appeal.Luper SchusterFranklin 1/10/2017 1/10/2017 2017-Ohio-66
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