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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Bennett v. State Police 2018-T-0076 MANDAMUS - R.C. 2731.04; caption; sufficient grounds for dismissal; no proof of entitlement to relief.Per CuriamTrumbull 11/13/2018 11/13/2018 2018-Ohio-4567
State v. Luther 2018-L-039CRIMINAL 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.CannonLake 11/13/2018 11/13/2018 2018-Ohio-4568
Crawford v. Kirtland Local School Dist. Bd. of Edn. 2018-L-010CIVIL - 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.RiceLake 11/13/2018 11/13/2018 2018-Ohio-4569
State v. Eyajan 2018-A-0080, 2018-A-0081, 2018-A-0082APPELLATE 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.WrightAshtabula 11/13/2018 11/13/2018 2018-Ohio-4570
May-Dillard v. State 2018-A-0044HABEAS CORPUS - R.C. 2725.04(D); copy of commitment papers; none attached; successive petition; res judicata.Per CuriamAshtabula 11/13/2018 11/13/2018 2018-Ohio-4571
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.RiceAshtabula 11/13/2018 11/13/2018 2018-Ohio-4572
Harris v. Rossi 2017-T-0045CIVIL - 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. WrightTrumbull 11/13/2018 11/13/2018 2018-Ohio-4573
State v. Square 2017-L-145CRIMINAL 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.RiceLake 11/13/2018 11/13/2018 2018-Ohio-4574
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.RiceLake 11/13/2018 11/13/2018 2018-Ohio-4575
State v. Kiger 2017-L-093CRIMINAL 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.WrightLake 11/13/2018 11/13/2018 2018-Ohio-4576
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