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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Dunn 24CA2Prosecution did not vouch for expert witness, trial counsel did not render ineffective assistance of counsel by stipulating to prior conviction in weapons under disability trial, and no cumulative error occurred.AbeleJackson 9/10/2024 9/17/2024 2024-Ohio-4555
State v. Bennett 23CA4Trial court did not err when it denied appellant's post-judgment Crim.R. 29(C) motion or his Crim.R. 33 motion for new trial.AbeleLawrence 9/10/2024 9/17/2024 2024-Ohio-4557
State v. Pettiford 23CA16administration of oath; Evid.R. 603; R.C. 2317.30; Other-acts evidence; Evid.R. 702(C); consecutive sentences; R.C. 2929.14; cumulative error doctrineHessHighland 9/3/2024 9/9/2024 2024-Ohio-4447
In re W.V. 24CA1199permanent custody; best interest of the child; case plan; domestic abuse; wishes of the child; custodial history; legally secure permanent placementHessAdams 9/3/2024 9/9/2024 2024-Ohio-4446
State v. Walker 23CA13Trial court did not apply the wrong legal standard, may impose supervisory costs for costs associated with post-release control, but cause remanded for consideration of State v. Taylor, 2020-Ohio-6786.AbeleGallia 9/2/2024 9/10/2024 2024-Ohio-4469
Ohio Power Co. v. Burns 23CA23, 23CA24, 23CA25, 23CA26eminent domain; taking; easement; necessary; appropriation; R.C. 163.09; R.C. 163.21; attorney fees; property specific review; herbicides; distribution lines; rebuttable presumption; anti-abandonment clause; de novo review; some competent and credible evidence; clear errorHessWashington 8/28/2024 9/3/2024 2024-Ohio-3364
State v. Sillman 23CA4038guilty pleas; knowing, intelligent, and voluntary; Crim.R. 11; denial of continuance; abuse of discretion; ineffective assistance of counsel; motion to withdraw guilty pleasHessScioto 8/28/2024 9/3/2024 2024-Ohio-3363
State v. Elliott 24CA2void; voidable; petition for postconviction relief; R.C. 2953.21; untimely; res judicataHessHighland 8/28/2024 9/3/2024 2024-Ohio-3362
State v. Thompson 23CA18 & 23CA19CRIMINAL-REVOCATION OF COMMUNITY CONTROL-CONSECUTIVE SENTENCING - A trial court may only require that a reserved prison term be served consecutively to any other sentence then existing or then being imposed if the trial court, at the time it orifinally imposed community control, notified the offender that consecutive sentences upon revocation of community control were a possibility; the trial court sufficiently notified the defendant that imposition of consecutive sentences was a possibility should her community control be revoked.SmithWashington 8/22/2024 9/3/2024 2024-Ohio-3361
In re J.P.R. 24CA4 & 24CA5PERMANENT CUSTODY - Paternal grandparents lacked standing to appeal trial court's judgment placing grandchildren in the agency's permanent custody where grandparents were not parties to the proceedings below.SmithWashington 8/22/2024 9/3/2024 2024-Ohio-3380
State v. Peterson 21CA3973Guilty plea; Crim.R. 11(C); constitutional rights; non-constitutional rights; nature of the offense; substantial compliance; totality of the circumstances; prejudice; de novo; forfeiture of contraband; R.C. 2981.01-05; R.C. 2941.1417; abandonment of property; plain errorWilkinScioto 8/20/2024 8/27/2024 2024-Ohio-3276
State v. Raines 23CA14, 23CA15violating a protection order; R.C. 2919.27(A)(1); R.C. 2919.27(A)(2); R.C. 2919.26; ineffective assistance; guilty plea; knowing; intelligent; voluntary; Crim.R. 11(C)(2)(a); nature of the charges; consecutive sentences; jail-time creditHessGallia 8/19/2024 8/26/2024 2024-Ohio-3236
In re H.F. 24CA4062, 24CA4063, 24kCA4064Permanent-custody processing-failure to object to magistrate's decision waives all but plain error on appeal regarding trial court's decision to place children in agency's permanent custody; trial court did not plainly err by determining that placing children in the agency's permanent custody is in their best interests.AbeleScioto 8/16/2024 8/27/2024 2024-Ohio-3265
Gemmell v. Anthony 22CA5Contempt; receivership; receiver; authority; subject-matter jurisdiction; final judgment; standing; judgment creditor; purge conditionsHessHocking 8/14/2024 8/16/2024 2024-Ohio-3129
Elliott v. Bobb 22CA12Motion for relief from judgment; Civ.R. 60(B); Civ.R. 36(A)(1); abuse of discretion; due diligence; res judicata; newly discovered evidence; excusable neglect; sanctions, and App.R. 23.WilkinRoss 8/9/2024 8/15/2024 2024-Ohio-3095
State v. Avery 23CA4012Trafficking in drugs; tampering with evidence; guilty plea; postsentence motion to withdraw guilty plea; manifest injustice; ineffective assistance of counsel; res judicata; Crim.R. 32.1.WilkinScioto 8/5/2024 8/14/2024 2024-Ohio-3094
State v. McIntosh 23CA6CRIMINAL-OBSTRUCTING OFFICIAL BUSINESS-AFFIRMATIVE ACT - State did not present evidence by which any rational trier of fact could have found beyond a reasonable doubt proof of affirmative act as required by R.C. 2921.31(A), Obstructing Official Business, where evidence demonstrated only that Appellant and another person, both who had permission to be inside apartment, failed to open door after officers knocked, announced, and requested entry.SmithGallia 7/31/2024 8/6/2024 2024-Ohio-2979
State v. Wilson 23CA21R.C. 2919.22(A); endangering children; sufficiency of the evidence; manifest weight of the evidence; substantial riskHessHighland 7/30/2024 8/5/2024 2024-Ohio-2951
Hadley v. Valkenburgh 23CA15A person must be a party to a case, or have attempted to intervene, to have standing to appeal from an adverse judgement.AbeleAthens 7/30/2024 8/7/2024 2024-Ohio-2990
In re A.B. 24CA3R.C. 2151.414(B)(1)(d); R.C. 2151.414(D)(1); R.C. 2151.414(E)(11); home cleanliness; hearsay; credibility; Fifth Amendment; adverse inference; refusal to testify; best interest; legally secure permanent placementHessHighland 7/30/2024 8/5/2024 2024-Ohio-2952
State v. Woods 23CA23A defendant must be advised of all sentencing notifications at the sentencing hearing and in the court's sentencing entry.AbeleRoss 7/25/2024 8/7/2024 2024-Ohio-2991
Malone v. Cremeans 23CA3No final, appealable order when court's judgment was too confusing, contradictory, and ambiguous.AbeleAthens 7/25/2024 8/7/2024 2024-Ohio-2989
State v. Collins 23CA13Appellant entered a knowing, intelligent and voluntary plea and the trial court did not err when it imposed consecutive sentences.AbeleHighland 7/25/2024 7/31/2024 2024-Ohio-2891
State v. Dawson 23CA11Trial court did not err when it accepted appellant's Alford pleaAbeleWashington 7/25/2024 8/6/2024 2024-Ohio-2968
Southworth v. Southworth 23CA922DIVORCE-CONTEMPT-MARITAL PROPERTY - Trial court did not abuse its discretion by finding Wife in contempt of Divorce Decree where clear and convincing evidence established that Wife knew of court order and failed to comply by attempting to sell marital home instead of refinancing property in her own name.SmithPike 7/25/2024 8/5/2024 2024-Ohio-2950
Ark Advanced Remediation, L.L.C. v. Watson 22CA15attorney’s motion to withdraw; prejudice; continuance of trial date; Unger factors; directed verdict; oral contractHessGallia 7/24/2024 7/30/2024 2024-Ohio-2874
State v. Sines-Riley 22CA3984, 22CA3985, 22CA3986sufficiency of the evidence; theft; value of stolen property; R.C. 2913.02; R.C. 2913.61(D); fair market value; replacement value; breaking and entering; vandalism; merger; sentencing; possessing criminal toolsHessScioto 7/24/2024 7/29/2024 2024-Ohio-2860
Palomino v. Palomino 23 CA 1181The trial court erred in its award of child support, spousal support, and division of marital assets. Additionally, the trial court lacked jurisdiction to attempt to correct the deficiencies in the divorce decree after appellant had perfected an appeal.Luper SchusterAdams 7/23/2024 7/30/2024 2024-Ohio-2873
State v. Jarrells 22CA3990Breaking and entering, R.C. 2911.13; theft from a protected class, R.C. 2913.02; sufficiency of the evidence; manifest weight of the evidence, direct evidence, circumstantial evidence; ineffective assistance of counsel; leading questionsWilkinScioto 7/15/2024 7/25/2024 2024-Ohio-2816
State v. Cook 23CA1172CRIMINAL; RAPE; DEFINITIONS; VOLUNTARINESS OF PLEA - Change of Plea Hearing Transcript demonstrates that trial court substantially complied with Crim.R. 11(C) to provide Appellant an understanding of the nature of the rape count to which Appellant pled; therefore, Appellant's argument that his plea was not knowing, intelligent, and voluntary is without merit. Appellant's argument that the conduct to which he admitted at plea hearing did not constitute fellatio to support rape conviction is without merit where Appellant admitted to placing his mouth on victim's penis; Appellant's maximum sentence of life in prison without the possibility of parole was not contrary to law where sentence was within statutory range and trial court considered the principles and purposes of sentencing pursuant to R.C. 2929.11 and the recidivism and seriousness factors of R.C. 2929.12; Appellant's argument that the trial court did not consider his military record under R.C. 2929.12(F) is without merit where the record demonstrates that the trial court considered R.C. 2929.12 at the sentencing hearing and in the sentencing transcript and court is not required to explicitly cite R.C. 2929.12(F) on the record to support its consideration.SmithAdams 7/15/2024 7/24/2024 2024-Ohio-2798
State v. Bradford 24CA1191, 24CA1192, 24CA1193guilty plea; Crim R. 11; mandatory postrelease control; knowingly, intelligently, and voluntarilyHessAdams 7/10/2024 7/15/2024 2024-Ohio-2669
State v. Aeh 23CA4022Statutory speedy trial rights; tolling eventsHessScioto 7/10/2024 7/26/2024 2024-Ohio-2834
State v. Kincaid 22CA4Trial court did not err in denying motion to suppress evidence collected as a result of the canine sniff of appellant's vehicle after traffic investigation had concluded, nor were Miranda warnings necessary because appellant was not in custodial interrogation.AbeleMeigs 7/5/2024 7/15/2024 2024-Ohio-2668
State v. Martin 23CA702, 23CA703guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2)(c); jury trial; unanimityHessVinton 6/18/2024 6/24/2024 2024-Ohio-2408
Hoy v. Hoy 23CA704Divorce; appraisal; valuation of marital property; question of fact; manifest weight of the evidenceWilkinVinton 6/18/2024 6/26/2024 2024-Ohio-2440
In re I.G. 23CA27DELINQUENT CHILDREN - trial court incorrectly determined that it lacked subject-matter jurisdiction due to state's failure to present evidence at the adjudicatory hearing to establish that the child was less than 18 years of age; the record contained documents listing the child's birth date, which showed that she was less than 18 years of age; trial court observed child and never raised any concern that she was not less than 18 years of age; testimony presented at the adjudicatory hearing established that child was a middle school student.SmithPickaway 6/12/2024 6/18/2024 2024-Ohio-2335
State v. Martin 23CA3In State v. Rhodes, 2 Ohio St.3d 74, 442 N.E. 2d 1299 (1982), the Supreme Court of Ohio explained that "for purposes of determining the commission of a theft offense under R.C. 2913.01, one need not hold a certificate of title to be in lawful possession of a motor vehicle" and the identity of the holder of a certificate of title to a motor vehicle is not the controlling issue. Thus, where it was up to the jury to determine the credibility of the witnesses and to resolve any conflicts in evidence, we cannot find that the jury clearly lost its way and created a manifest miscarriage of justice requiring reversal of Appellant's conviction for grand theft of a motor vehicle although motorcycle at issue was still titled in her name; where essence of theft offense is the wrongful taking by the defendant, trial court did not err in denying Appellant's Crim.R. 12(C) motion to dismiss when it would have been premature for the trial court to determine whether the State could satisfy its burden of proof and to rule on issues of fact; trial court did not abuse its discretion in granting the State of Ohio's motion in limine requesting exclusion of evidence regarding civil remedies Appellant could have availed herself of where said evidence would have added to confusion and had a genuine potential to mislead the jurors; while prosecutor improperly accused Appellant and her son of lying multiple times, prosecutor's remarks constituted harmless error where, had the remarks not been made and had her son not testified, Appellant would still have been convicted of grand theft and breaking and entering based on testimony of other witnesses and documentary evidence presented at trial; because the record does not contain evidence that the trial court considered Appellant's present and future ability to pay a financial sanction and because the record contains not testimony as to the amount of storage fees to be paid and as to the identity of the person or entity to be paid, restitution order is reversed and remanded for consideration of the issues.SmithHighland 6/12/2024 6/18/2024 2024-Ohio-2334
State v. Darrington 22CA4007CRIMINAL-VOLUNTARINESS OF PLEA-JOINTLY RECOMMENDED SENTENCE - A trial court is not bound by a sentencing recommendation; no reversible error occurs when it is determined that a trial court sufficiently warned a defendant that a harsher sentence may be imposed than the one agreed upon if certain conditions are not met, or if certain events occur, between the plea and sentencing hearings.SmithScioto 6/12/2024 6/17/2024 2024-Ohio-2299
State v. Underwood 21CA3974Jury instructions; self defense; defense of others; sufficiency of the evidence; manifest weight of the evidence; firearm specification; operability of firearm; ineffective assistance of counsel; cumulative error doctrine; expert witness; legal strategy; inferior offenses; aggravated assault; complicityHessScioto 6/11/2024 6/13/2024 2024-Ohio-2273
In re Guardianship of Baker 23CA13R.C. 2111.02; abuse of discretion; third-party guardian; incompetent; application for guardianship; best interests; clear and convincing evidence; stranger as guardianWilkinAthens 6/11/2024 6/20/2024 2024-Ohio-2350
In re A.W. 23CA18 & 23CA19Permanent custody—trial court's decision to grant agency permanent custody of the mother's two children was not against the manifest weight of the evidence; guardian ad litem's alleged failure to comply with Sup.R. 48.03 did not constitute reversible errorWilkinHocking 6/4/2024 6/12/2024 2024-Ohio-2243
Gaffin v. Haslam 23CA1180statute of repose; statute of limitations; legal malpractice; fraud; breach of fiduciary dutyHessAdams 5/30/2024 6/3/2024 2024-Ohio-2117
State v. Petrey 23CA29bill of particulars, plain error, guilty plea, waiverHessAthens 5/30/2024 6/3/2024 2024-Ohio-2118
State v. Remy 23CA705jurisdiction; final appealable order; R.C. 2505.02; Crim.R. 32(C); judgment of conviction; counts remain unresolvedHessVinton 5/30/2024 6/3/2024 2024-Ohio-2119
State v. Williams 22CA16Operating a motor vehicle while under the influence of alcohol or drugs (OVI); traffic stop; marked lane violation; motion to suppress; Fourth Amendment of the United States Constitution; probable cause; reasonable and articulable suspicion; dash-camera video; credibility of witnesses; R.C. 4511.33(A)(1)WilkinPickaway 5/28/2024 6/4/2024 2024-Ohio-2146
State v. Thomas 22CA35Prosecution did not vouch for expert witness, trial counsel did not render ineffective assistance of counsel by stipulating to prior conviction in weapons under disability trial, and no cumulative error occurred.AbeleRoss 5/22/2024 6/13/2024 2024-Ohio-2281
Lawler v. Green 23CA10Trial court did not abuse its discretion when it found father in contempt of court for failure to pay child support.AbelePickaway 5/22/2024 5/29/2024 2024-Ohio-2046
Thompson v. Thompson 22CA21Divorce, Evid.R. 803(3), hearsay exception, abuse of discretion, marital property, separate property, R.C. 3105.171, manifest weight of the evidence, transfer on death affidavit, parol evidence rule, waiver, plain error, spousal support, R.C. 31.05.18(C)WilkinWashington 5/22/2024 6/4/2024 2024-Ohio-2147
State v. Harp 23CA1170CRIMINAL-VOLUNTARINESS OF PLEA-JOINTLY RECOMMENDED SENTENCE - A trial court is not bound by a sentencing recommendation; no reversible error occurs when it is determined that a trial court sufficiently warned a defendant that a harsher sentence may be imposed than the one agreed upon if certain conditions are not met, or if certain events occur, between the plea and sentencing hearings.SmithAdams 5/22/2024 6/3/2024 2024-Ohio-2120
Kerns v. Hale 23CA4039Civ.R. 56, summary judgment, genuine issue of material fact, de novo review, R.C. 4511.21(A), assured clear distance ahead, pedestrian, negligence per se, R.C. 4511.48(A) and (E), R.C. 4511.46(B), limited access highway, freeway, R.C. 5511.02(D), punitive damages, malice, attorney fees, negligent entrustmentWilkinScioto 5/22/2024 5/29/2024 2024-Ohio-2061
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