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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Hess 2018-P-0106CRIMINAL 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.TrappPortage 10/15/2019 10/15/2019 2019-Ohio-4223
State v. Coleman 2019-T-0018APPELLATE 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.CannonTrumbull 10/15/2019 10/15/2019 2019-Ohio-4224
State v. Broder 2019-T-0002CRIMINAL - 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 LynchTrumbull 10/7/2019 10/7/2019 2019-Ohio-4134
Estate of Kuzman 2019-T-0003PROBATE - 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.WrightTrumbull 10/7/2019 10/7/2019 2019-Ohio-4135
Wilmington Savs. Fund Soc. v. Medvec Properties, L.L.C. 2019-L-012CIVIL - 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 disputeLynchLake 10/7/2019 10/7/2019 2019-Ohio-4133
State v. Enos 2019-A-0068APPELLATE REVIEW - App.R. 5(A); delayed appeal; App.R. 4(A)(1); untimely appeal; appellant has not stated a valid reason for his delay.CannonAshtabula 10/7/2019 10/7/2019 2019-Ohio-4132
State v. Shepard 2019-A-0024CRIMINAL 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.TrappAshtabula 9/30/2019 9/30/2019 2019-Ohio-3995
State v. Urch 2019-A-0034CRIMINAL LAW - abuse of discretion; bond forfeiture; surety; surrendered the body; R.C. Chapter 2937; R.C. 2713.23 is applicable only to civil cases.TrappAshtabula 9/30/2019 9/30/2019 2019-Ohio-3996
State v. Wacker 2019-A-0044; 2019-A-0045CRIMINAL 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.RiceAshtabula 9/30/2019 9/30/2019 2019-Ohio-3997
Country Pure Springwater, Inc. v. McClain 2018-G-0185TAXATION - 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.CannonGeauga 9/30/2019 9/30/2019 2019-Ohio-3989