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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Bennett v. State Police
| 2018-T-0076 | MANDAMUS - R.C. 2731.04; caption; sufficient grounds for dismissal; no proof of entitlement to relief. | Per Curiam | Trumbull |
11/13/2018
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11/13/2018
| 2018-Ohio-4567 |
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State v. Luther
| 2018-L-039 | CRIMINAL LAW - CONSTITUTIONAL - motion to suppress; Fourth Amendment; Ohio Constitution; unreasonable search and seizure; warrantless; Terry stop; protective search; pat-down; reasonable suspicion; specific and articulable facts; concealed weapons; safety of officer and public; not a pretext to search for contraband; removal of object from pocket; opened metal case retrieved from pocket; exceeded the scope of Terry; razor blade; small firearm. | Cannon | Lake |
11/13/2018
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11/13/2018
| 2018-Ohio-4568 |
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Crawford v. Kirtland Local School Dist. Bd. of Edn.
| 2018-L-010 | CIVIL - gender discrimination; motion for summary judgment; Civ.R. 12(B)(1); lack of subject-matter jurisdiction; collective bargaining agreement; grievance procedure; requires final, binding arbitration; R.C. 4117.10(A); abuse of discretion; failure to consider evidence; beyond court's jurisdiction; prima facie case; failure to establish replacement by male or that a similarly situated male with same deficiencies was treated more favorable; failure to compel; no transcript of conference. | Rice | Lake |
11/13/2018
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11/13/2018
| 2018-Ohio-4569 |
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State v. Eyajan
| 2018-A-0080, 2018-A-0081, 2018-A-0082 | APPELLATE REVIEW-CRIMINAL - denial of jury trial is not final appealable order when case has not been concluded; final order in criminal case is conviction and sentence; premature. | Wright | Ashtabula |
11/13/2018
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11/13/2018
| 2018-Ohio-4570 |
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May-Dillard v. State
| 2018-A-0044 | HABEAS CORPUS - R.C. 2725.04(D); copy of commitment papers; none attached; successive petition; res judicata. | Per Curiam | Ashtabula |
11/13/2018
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11/13/2018
| 2018-Ohio-4571 |
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L.T. Harnett Trucking, Inc. v. Res. Environmental Servs., Inc.
| 2018-A-0028 | CIVIL - appointment of receiver; R.C. 2735.01; irreparable harm; weight of the evidence; adoption of magistrate's decision; no objection; any error harmless. | Rice | Ashtabula |
11/13/2018
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11/13/2018
| 2018-Ohio-4572 |
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Harris v. Rossi
| 2017-T-0045 | CIVIL - legal malpractice - duty to check the docket; no evidence as to success on underlying appeal; summary judgment warranted; R.C. 2323.51 frivolous conduct; improper venue; affirmative defense; Civ.R. 3(C)(2) permits costs from either transferee or transferor court. | Wright | Trumbull |
11/13/2018
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11/13/2018
| 2018-Ohio-4573 |
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State v. Square
| 2017-L-145 | CRIMINAL LAW - gross sexual imposition; illegal use of a minor in nudity-oriented material or performance; victim's hearsay statement; no objection; credibility issues; vengeful motive; no violation of defendant's substantial rights; manifest weight of the evidence; victim's allegations no credible; troubled relationship; victim's testimony; pictures found on defendant's computer; conviction supported by the manifest weight of the evidence; felony sentence; no error. | Rice | Lake |
11/13/2018
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11/13/2018
| 2018-Ohio-4574 |
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State v. Gaston
| 2017-L-109 | CRIMINAL LAW - aggravated murder; aggravated burglary; firearm specification; motion to suppress evidence; Tennessee officers; voluntarily accompanied officers to police department; Ohio officers wished to interview defendant; no initial arrest; Miranda; no tainted statements; speedy trial; written waiver; no violation. | Rice | Lake |
11/13/2018
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11/13/2018
| 2018-Ohio-4575 |
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State v. Kiger
| 2017-L-093 | CRIMINAL LAW - Insufficient evidence; aiding and abetting escape; R.C. 2921.34(A); purposely requires the person's specific intent to cause a certain result; absent evidence that defendant knew substance of conditions governing her husband's work release, state unable to prove she acted with specific intent to assist a violation; conviction vacated. | Wright | Lake |
11/13/2018
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11/13/2018
| 2018-Ohio-4576 |
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