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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Johnson 2019-A-0013 & 2019-A-0014CRIMINAL LAW - EVIDENCE - sufficiency; manifest weight; domestic violence; aggravated possession of drugs; possessing criminal tools; methamphetamine; facsimile firearm; "BB" gun; conflicting testimony.CannonAshtabula 11/18/2019 11/18/2019 2019-Ohio-4733
Hatfield v. Preston Chevrolet-Cadillac, Inc. 2018-G-0168CIVIL - MOTION TO DISMISS - de novo review; motor vehicle lease agreement; Civil Rule 12(B)(6) dismissal for alleged violation of Consumer Sales Practices Act and Ohio Administrative Code allegations was proper when complaint fails to allege facts or inferences warranting recovery even when construed in plaintiff's favor. WrightGeauga 11/18/2019 11/18/2019 2019-Ohio-4730
Hrabak v. Walder 2019-G-0220APPELLATE REVIEW - Trial court judgment can only be immediately reviewed by an appellate court if it constitutes a final order; R.C. 2505.02(B); Entry denying motion to join a party is not a final appealable order.TrappGeauga 11/18/2019 11/18/2019 2019-Ohio-4732
State v. Kapsouris 2019-L-019CRIMINAL LAW - Burglary; R.C. 2911.12(A)(2); Attempted Burglary; R.C. 2923.02; guilty plea; guilty plea by way of North Carolina v. Alford; Alford plea; defendant incorrectly advised by court and counsel the Alford plea preserved his right to appeal certain pre-sentence motions; ineffective assistance of counsel; guilty pleas were not made knowingly, voluntarily, and intelligently; abuse of discretion in denying motion to withdraw guilty pleas and motion to reconsider; error on Alford plea meant non-Alford guilty plea was not entered into knowingly, voluntarily, and intelligently; sentence vacated and remanded.RiceLake 11/18/2019 11/18/2019 2019-Ohio-4734
State v. Jackson 2019-L-042CRIMINAL - postconviction; untimely; unavoidably prevented from timely discovering facts on which petition is based; de novo; res judicataLynchLake 11/18/2019 11/18/2019 2019-Ohio-4735
State v. Sands 2019-l-050CRIMINAL - collection of court costs and fees; inmate account; prisoner; civil garnishment; R.C. 2715.01; R.C. 2716.01; R.C. 5120.133LynchLake 11/18/2019 11/18/2019 2019-Ohio-4736
Ellsworth v. Streetsboro City School Dist. Bd. of Edn. 2018-P-0104; 2018-P-0105ADMINISTRATIVE APPEAL - R.C. 3319.16; lower court did not abuse its discretion; termination of teaching contracts for violation of hazing policy during band camp; "fairly serious matters"; "good and just cause" for termination; Daugherty factors; preponderance of the evidence, not manifest weight, was appropriate standard for Board of Education's rejection of a referee's findings of fact.RicePortage 11/18/2019 11/18/2019 2019-Ohio-4731
State v. Stoutamire 2019-T-0033CRIMINAL - motion for new trial; Crim.R. 33; newly discovered evidence; timelinessLynchTrumbull 11/18/2019 11/18/2019 2019-Ohio-4737
Ray v. Warren 2019-T-0006MUNICIPAL CORPORATION - Maintenance of guardrail; city responsible when guardrail on city property; R.C. 723.01; R.C. 5535.08; former county road; annexation by city; R.C. 709.33; inapplicable in determining duty to maintain road/guardrail; maintenance agreement between city and county.WrightTrumbull 11/12/2019 11/12/2019 2019-Ohio-4654
State ex rel. Baryak v. Trumbull Cty. Bd. of Elections 2019-T-0040ELECTIONS - Writ of prohibition; board of elections; R.C. 705.92; authority to review validity of recall petition and place on ballot; city councilperson; amendment to city charter governing review of recall petition; no language in amendment allowing for retroactive application; amendment inapplicable to filed recall petition; R.C. 705.92(A); R.C. 3501.38(A); R.C. 3503.01(A); person must be "qualified elector" to sign recall petition; must be registered to vote in county and precinct in which he/she resides; number of signatures needed for recall petition based upon percentage of total number of votes casted within ward at most recent regular election.Per CuriamTrumbull 11/12/2019 11/12/2019 2019-Ohio-4655