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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Hussein
| 15AP-1093 | Convictions affirmed; appellant failed to demonstrate trial court bias, prosecutorial misconduct, or ineffective assistance of counsel | Klatt | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5519 |
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Am. Hotel Group, L.L.C. v. Wyandotte Plaza, L.L.C.
| 16AP-296 | The trial court did not abuse its discretion in proceeding to a bench trial where American Hotel Group failed to timely submit a jury deposit in accordance with the applicable local rule. | Luper Schuster | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5520 |
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State v. Wintermeyer
| 16AP-381 | Trial court did not err in suppressing evidence where appellee was detained without reasonable suspicion | Dorrian | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5521 |
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Long v. Mt. Carmel Health Sys.
| 16AP-511 | The trial court did not err in granting summary judgment in favor of appellee. Appellant was not an intended third-party beneficiary to the contract between appellant's employer and appellee, and appellant's tortious interference with contract claim fails because he presented no evidence that appellee, which had a qualified privilege, acted with actual malice. Judgment affirmed. | Luper Schuster | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5522 |
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State ex rel. Schumacher v. Auto Sys. Ctrs. Inc.
| 16AP-535 | Relator's request for a writ of mandamus denied; commission's decision to deny compensation supported by some evidence that relator terminated for reasons unrelated to allowed conditions in his claim | Klatt | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5523 |
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State v. Gaven
| 16AP-645 | Trial court erred in denying appellant's motion for leave to file a delayed motion for new trial by conflating its analysis with the merits of appellant's motion for new trial and incorrectly stating that a recanting affidavit that does not present alibi or "actual innocence" is insufficient "as a matter of law" as a mere contradiction to the affiant's prior testimony at trial. Judgment reversed and cause remanded. | Sadler | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5524 |
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In re Z.H.
| 16AP-648 | The trial court did not abuse its discretion in denying the guardian ad litem's motion for Civ.R. 60(B) relief from a judgment ordering the dependent child's mother to pay child support | Klatt | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5525 |
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de Bourbon v. State Med. Bd. of Ohio
| 16AP-669 | Trial court did not abuse its discretion by denying appellant's motion for stay of administrative order where he failed to demonstrate that he would suffer an unusual hardship pursuant to R.C. 119.12(E) | Klatt | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5526 |
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State v. Johnson
| 16AP-689 | Under the collective knowledge doctrine, where the arresting officer receives information from other officers that appellant, who is suspected of illegal drug possession, is driving a vehicle without a front license plate, the arresting officer is justified in conducting a traffic stop under Terry, even though the arresting officer did not personally observe the license plate violation prior to initiating the traffic stop. When appellant consented to a pat-down search for weapons during a legal traffic stop but fled the scene on foot after being asked what was in his pocket, probable cause existed to arrest appellant for obstructing official business. The subsequent search of appellant's pants pocket, revealing heroin, was a constitutionally reasonable search incident to arrest. The trial court did not err by imposing the maximum monetary sanction where appellant failed to file an R.C. 2929.18(B)(1) affidavit, and the judgment entry states that the court has considered appellant's present and future ability to pay the fine. Judgment affirmed. | Sadler | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5527 |
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State ex rel. Walgate v. Kasich
| 16AP-737 | Plaintiff alleged the state constitutional amendment permitting casino gambling granted an unlawful monopoly to the gaming companies operating Ohio's four casinos. Defendants argued regulation of gambling and promoting economic development were the legitimate governmental purposes for the amendment. Under rational basis review of an equal protection challenge, judgment on the pleadings affirmed because plaintiff could not negate every conceivable basis that might support the amendment. | Tyack | Franklin |
6/27/2017
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6/27/2017
| 2017-Ohio-5528 |
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