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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Johnson
| 2019-A-0013 & 2019-A-0014 | CRIMINAL LAW - EVIDENCE - sufficiency; manifest weight; domestic violence; aggravated possession of drugs; possessing criminal tools; methamphetamine; facsimile firearm; "BB" gun; conflicting testimony. | Cannon | Ashtabula |
11/18/2019
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11/18/2019
| 2019-Ohio-4733 |
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Hatfield v. Preston Chevrolet-Cadillac, Inc.
| 2018-G-0168 | CIVIL - 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. | Wright | Geauga |
11/18/2019
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11/18/2019
| 2019-Ohio-4730 |
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Hrabak v. Walder
| 2019-G-0220 | APPELLATE 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. | Trapp | Geauga |
11/18/2019
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11/18/2019
| 2019-Ohio-4732 |
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State v. Kapsouris
| 2019-L-019 | CRIMINAL 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. | Rice | Lake |
11/18/2019
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11/18/2019
| 2019-Ohio-4734 |
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State v. Jackson
| 2019-L-042 | CRIMINAL - postconviction; untimely; unavoidably prevented from timely discovering facts on which petition is based; de novo; res judicata | Lynch | Lake |
11/18/2019
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11/18/2019
| 2019-Ohio-4735 |
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State v. Sands
| 2019-l-050 | CRIMINAL - collection of court costs and fees; inmate account; prisoner; civil garnishment; R.C. 2715.01; R.C. 2716.01; R.C. 5120.133 | Lynch | Lake |
11/18/2019
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11/18/2019
| 2019-Ohio-4736 |
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Ellsworth v. Streetsboro City School Dist. Bd. of Edn.
| 2018-P-0104; 2018-P-0105 | ADMINISTRATIVE 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. | Rice | Portage |
11/18/2019
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11/18/2019
| 2019-Ohio-4731 |
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State v. Stoutamire
| 2019-T-0033 | CRIMINAL - motion for new trial; Crim.R. 33; newly discovered evidence; timeliness | Lynch | Trumbull |
11/18/2019
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11/18/2019
| 2019-Ohio-4737 |
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Ray v. Warren
| 2019-T-0006 | MUNICIPAL 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. | Wright | Trumbull |
11/12/2019
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11/12/2019
| 2019-Ohio-4654 |
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State ex rel. Baryak v. Trumbull Cty. Bd. of Elections
| 2019-T-0040 | ELECTIONS - 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 Curiam | Trumbull |
11/12/2019
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11/12/2019
| 2019-Ohio-4655 |
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