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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Kemp 19 MA 0044Motion to certify a conflict; App.R. 25(A).Per CuramMahoning 2/26/2020 2/28/2020 2020-Ohio-697
State v. Wainwright 19 MA 0023CRIMINAL – jury instruction; flight; abuse of discretion; prejudice; manifest weight of the evidence; credibility.D'ApolitoMahoning 2/21/2020 2/24/2020 2020-Ohio-623
State v. Thomas 18 MA 002519 rape convictions; two consecutive life sentences; indictment did not violate right to due process or right against double jeopardy; nurse practitioner and physician’s assistant who victim were not “truth” experts for victim’s veracity; trial court made required consecutive-sentencing findingsDonofrioMahoning 2/21/2020 2/25/2020 2020-Ohio-633
Henderson v. Vivo 19 MA 0053Mandamus; R.C. 2731.04; failure to properly caption petition in the name of the state on the relation of the person applying fatal to petition; Public Records Act; R.C. 149.43(B)(8); R.C. 149.43(B)(1); Relator’s unwillingness to prepay costs pursuant to R.C. 149.43(B)(1) associated with producing copies in fulfillment of public records request; Relator had adequate remedy at law by way of appeal of sentencing court’s denial of public records request.Per CuriamMahoning 2/20/2020 2/28/2020 2020-Ohio-698
Richmond Mill, Inc. v. Ferraro 18 JE 0015two appellants seek reconsideration of decision that any interests they had in minerals was extinguished under the Marketable Title Act while the interests of two other appellants were not extinguished as were in continuous possession for more than 40 years at the time they filed preservation notices; reconsideration denied as the two movants did not satisfy continuous possession provision; appellees’ cross-application for reconsideration denied as two appellants satisfied continuous possession provision.Per CuriamJefferson 2/18/2020 2/20/2020 2020-Ohio-585
State v. Holcomb 18 CO 0039CRIMINAL LAW – felonious assault; R.C. 2903.11(A)(1); jury trial; the judgment is not against the manifest weight of the evidence and is supported by sufficient evidence. INEFFECTIVE ASSISTANCE OF COUNSEL – trial counsel was not ineffective for not requesting an instruction on an inferior degree offense or on a lesser included offense; trial strategy; Appellant sought an acquittal, not a conviction on a lesser offense.D'ApolitoColumbiana 2/13/2020 2/19/2020 2020-Ohio-561
State v. Paige 17 MA 0033App.R. 26(B)(1) and (2)(b); delayed application for reopening; ineffective assistance of counsel; good cause.Per CuramMahoning 2/7/2020 2/12/2020 2020-Ohio-481
Toronto City Schools Bd. of Edn. v. Am. Energy Utica, L.L.C. 18 JE 0025disclosed principal was a party to the contract as its authorized agent entered the contract in its own name but on the principal’s behalf; trial court ruled lessee owed full signing bonus because notice of title defect was not provided by contractual deadline, regardless of whether landowner had right to lease minerals; missed title review deadline in lease’s order of payment did not automatically require lessee to pay full signing bonus for unowned acreage; no abuse of discretion to find undue delay in seeking to amend answer to add affirmative defense; court did not err in deeming admitted the untimeliness of the notices of title defects.RobbJefferson 2/3/2020 2/20/2020 2020-Ohio-586
Perry v. Greene 19 MA 0048original action; habeas; R.C. 2725.04(D); commitment papers; copy of indictment insufficient to constitute commitment paper(s); $50,000 bail not unreasonable or excessive given potential punishment of life in prisonPer CuriamMahoning 1/31/2020 1/31/2020 2020-Ohio-288
State v. Desarro 19 CO 0009CRIMINAL PROCEDURE – Crim.R 5(B); misdemeanor charges in municipal court; felony charge in common pleas court; arising from the same act or transaction; no bind over or transfer.D'ApolitoColumbiana 1/29/2020 2/3/2020 2020-Ohio-335