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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Hess
| 2018-P-0106 | CRIMINAL LAW - consecutive sentences; community control does not sentence to a stated prison term unlike probation which suspends a prison term; withdrawal of guilty plea; no abuse of discretion in denying appellant's motion to withdraw; no reasonable or legitimate basis to withdraw plea; ineffective assistance of counsel; must be supported by evidence where the record of the guilty plea shows it was voluntarily made. | Trapp | Portage |
10/15/2019
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10/15/2019
| 2019-Ohio-4223 |
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State v. Coleman
| 2019-T-0018 | APPELLATE REVIEW - violation of community control; "technical" violation; maximum penalty; felony of the fifth or fourth degree; R.C. 2929.15(B)(1)(c)(i)-(ii); sole challenge on appeal is to length of prison sentence; prison sentence already served; no relief can be granted; moot issue; appeal dismissed. | Cannon | Trumbull |
10/15/2019
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10/15/2019
| 2019-Ohio-4224 |
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State v. Broder
| 2019-T-0002 | CRIMINAL - felony sentencing; R.C. 2953.08(G)(2); R.C. 2929.12 factors; sentencing factors; meaningful consideration; specific findings not required; criminal history; consistency; mitigating factors; greater than minimum sentence | Lynch | Trumbull |
10/7/2019
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10/7/2019
| 2019-Ohio-4134 |
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Estate of Kuzman
| 2019-T-0003 | PROBATE - spousal allowance; wife's cashing of deceased husband's stock dividend checks does not establish she "clearly appeared" to know of spousal allowance or that she intended to waive the right; Stetson v. Hoyt, 139 Ohio St. 345; In re Burchett, 16 Ohio App.2d 45. | Wright | Trumbull |
10/7/2019
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10/7/2019
| 2019-Ohio-4135 |
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Wilmington Savs. Fund Soc. v. Medvec Properties, L.L.C.
| 2019-L-012 | CIVIL - foreclosure; confirmation of sale; motion to vacate; implicit denial; moot; satisfaction of judgment; contract law; duty of good faith; settlement agreement; Civ.R. 60(B); no legitimate factual dispute | Lynch | Lake |
10/7/2019
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10/7/2019
| 2019-Ohio-4133 |
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State v. Enos
| 2019-A-0068 | APPELLATE REVIEW - App.R. 5(A); delayed appeal; App.R. 4(A)(1); untimely appeal; appellant has not stated a valid reason for his delay. | Cannon | Ashtabula |
10/7/2019
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10/7/2019
| 2019-Ohio-4132 |
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State v. Shepard
| 2019-A-0024 | CRIMINAL LAW - guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2)(a); maximum penalty; expanded explanation of the law; consecutive and concurrent sentences; merger; factually accurate; prejudice; R.C. 2953.08(G)(2); clear and convincing evidence that the record does not support the sentence; R.C. 2929.12 factors; minimum sentence. | Trapp | Ashtabula |
9/30/2019
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9/30/2019
| 2019-Ohio-3995 |
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State v. Urch
| 2019-A-0034 | CRIMINAL LAW - abuse of discretion; bond forfeiture; surety; surrendered the body; R.C. Chapter 2937; R.C. 2713.23 is applicable only to civil cases. | Trapp | Ashtabula |
9/30/2019
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9/30/2019
| 2019-Ohio-3996 |
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State v. Wacker
| 2019-A-0044; 2019-A-0045 | CRIMINAL LAW - two, separate convictions; OVI; assault; community control sanctions; revocation; guilty; consecutive sentences; no authority; court did not specify in original judgment; waiver of counsel; consider report; immediate release. | Rice | Ashtabula |
9/30/2019
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9/30/2019
| 2019-Ohio-3997 |
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Country Pure Springwater, Inc. v. McClain
| 2018-G-0185 | TAXATION - Ohio Board of Tax Appeals; employer withholding tax; Federal 941 lien; IRS form 1120S; withholding tax calculation; employee wage calculations; abuse of discretion; unreasonable or unlawful; discretionary penalty; remanded. | Cannon | Geauga |
9/30/2019
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9/30/2019
| 2019-Ohio-3989 |
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