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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Friend
| 24 BE 0055 | manifest weight of the evidence; sufficiency of the evidence; speedy trial; hostile witness; consecutive sentence findings affirmed but sentence modified where trial court erred in labeling all four prison terms mandatory as only the first prison term was mandatory as conceded by state. | Robb | Belmont |
9/10/2025
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9/11/2025
| 2025-Ohio-3270 |
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State v. Hlinovsky
| 25 BE 0010 | Challenge to whether guilty plea was made knowingly and intelligently; one nonconstitutional provision of Crim.R. 11(C)(2)(a) is a requirement to insure defendant has an understanding of the nature of the charges; defendant commented during allocution he was dissatisfied with conviction for failure to appear because he was hospitalized at the time; defendant's dissatisfaction with criminal does not show lack of understanding of the nature of the charge; failure to make R.C. 2929.14(C)(4) consecutive sentence findings; defendant cannot appeal consecutive sentence that is part of an agreed sentence; R.C. 2953.08(D)(1); judgment affirmed. | Waite | Belmont |
9/10/2025
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9/12/2025
| 2025-Ohio-3299 |
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State v. Gentile
| 25 BE 0009 | Speedy trial; R.C. 2941.401; a guilty plea waives both a statutory and constitutional challenge to an alleged speedy trial violation. | Waite | Belmont |
9/9/2025
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9/10/2025
| 2025-Ohio-3267 |
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State v. Spencer
| 25 MA 0012 | Convictions for gross sexual imposition; competency of child witness; Evid.R. 601; R.C. 2317.01; sufficiency of the evidence; manifest weight of the evidence; Megan's Law; challenge to the enhancement of sexual offender classification by referencing a prior conviction that occurred before the effective date of the Adam Walsh Act; judgment affirmed. | Waite | Mahoning |
9/8/2025
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9/10/2025
| 2025-Ohio-3268 |
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Benson v. Harrison's Home Improvement
| 25 MA 0001 | manifest weight standard of review; burden to secure transcript to support arguments on appeal; Civ.R. 53(D); magistrate’s decisions. | Robb | Mahoning |
9/8/2025
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9/11/2025
| 2025-Ohio-3272 |
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1803 Resources, L.L.C. v. Lineback
| 24 MO 0019, 24 MO 0023 | Extinguishment under the Marketable Title Act ("MTA"); abandonment; savings event; severed mineral rights; root of title; Blackstone v. Moore, 2018-Ohio-4959; plain language of the writing; question of law; title transaction; champerty and maintenance; summary judgment. | Robb | Monroe |
9/5/2025
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9/11/2025
| 2025-Ohio-3271 |
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Vickers v. Capstone Holding
| 24 JE 0023, 24 JE 0025 | deed interpretation and enforcement action not barred by release clause in that same deed transferring the property to the landowners; deed’s plain language excepted only those minerals “heretofore conveyed” and did not create a new reservation of all minerals to the grantor; rejecting reliance on false recital principle; statutory entitlement to prejudgment interest on lease royalties was not eliminated by title clause in lease allowing Gulfport to withhold royalties pending resolution of an adverse title claim. | Robb | Jefferson |
9/4/2025
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9/5/2025
| 2025-Ohio-3172 |
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State v. Richardson
| 25 BE 0006 | CRIMINAL – hotel room; departure time; reservation; possession of drugs; constructive possession; joint possession; circumstantial evidence; sufficiency; weight of the evidence; jail attire; shackles; refusal to attend trial; motion for new counsel on first day of trial; closing argument; shifting burden of proof; motion to suppress; automatic standing; cumulative error. | Dickey | Belmont |
9/3/2025
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9/3/2025
| 2025-Ohio-3128 |
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State v. Shaw
| 25 MA 0020 | summary denial of application for DNA testing; abuse of discretion; R.C. 2953.74. | Robb | Mahoning |
9/3/2025
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9/5/2025
| 2025-Ohio-3173 |
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State v. Catale
| 25 MA 0023 | defendant called to 911 to report a person at a neighboring house threatened her by saying, “I don’t know what he will do” (referring the property owner, who was not present); sufficient evidence for conviction of violating city code on misuse of 911 as there was no threat or emergency situation; conviction not against the manifest weight of the evidence. | Robb | Mahoning |
9/3/2025
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9/5/2025
| 2025-Ohio-3174 |
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Valentine v. Kroger Co.
| 25 JE 0002 | Summary judgment proper where the plaintiff failed to meet an element of the claims asserted; judgment affirmed where trial court reached right results for the wrong reasons; trial court’s failure to timely issue a scheduling order not grounds for reversal if no prejudice results; no prejudice exists where case not decided based on age of the case but on a dispositive motion. | Waite | Jefferson |
9/2/2025
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9/3/2025
| 2025-Ohio-3129 |
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State v. Cheza
| 24 MA 0105 | Motion to withdraw guilty plea; State v. Fish, 104 App.3d 236 (1st Dist.1995); entering a guilty plea for purposes of securing a temporary release from incarceration is not a valid reason to later withdraw that plea; constructive possession is not a defense to possession-related charges; evidence that a defendant handed drugs to a codefendant to avoid responsibility is not a defense giving rise to a motion to withdraw a guilty plea. | Waite | Mahoning |
8/25/2025
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9/3/2025
| 2025-Ohio-3127 |
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Mason v. Forshey
| 25 NO 0522 | In order to file a writ of habeas corpus, a criminal defendant must have served the entirety of their sentence; where a defendant’s conduct during municipal court proceedings forms the basis for felony charges filed in common pleas court, it is the common pleas court’s jurisdiction that an inmate must attack. | Waite | Noble |
8/25/2025
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9/3/2025
| 2025-Ohio-3130 |
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State v. Reichert
| 25 BE 0011 | R.C. 2935.36(D); pre-trial diversion; prosecutor recommendation; court cannot terminate criminal prosecution; separation of powers | Hanni | Belmont |
8/19/2025
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8/19/2025
| 2025-Ohio-2965 |
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State v. Jackson
| 25 BE 0001 | Intervention in lieu of conviction ("ILC"); defendant violated terms of ILC and admitted to violation at revocation hearing; defendant argues community control revocation requires two hearings; ILC is not revocation of community control and is governed by R.C. 2951.041, which only requires a single hearing; defendant waived option of second hearing by admitting the violation; plain error; no prejudice shown; judgment affirmed. | Waite | Belmont |
8/18/2025
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8/19/2025
| 2025-Ohio-2964 |
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State v. Crump
| 24 MA 0086 | Admission of “gruesome” photographs; Appellant’s duty to raise and cite alleged errors in the record, not court’s duty to locate possible errors; photographs involving child’s death treated the same as adults, no separate standard exists; photographs admitted for the purpose of showing how investigators discovered the body admissible; photographs of fatal wound admissible; plain error; where indictment challenged as insufficient, it must be raised prior to trial; an indictment charging conspiracy sufficient where the overt act alleged involves communications not only to prepare, but to facilitate commission of offense; evidence sufficient to support conspiracy where the state shows defendant traveled to the crime scene with a codefendant who is communicating plans to a third codefendant; evidence admitted to prove defendant’s identity as perpetrator not “bad acts” evidence as it is admitted for a proper purpose, Evid.R. 404(B)(2); sufficient and credible evidence exists where voluminous circumstantial evidence implicated the defendant; when trial court states on record it considered a psychological report court presumed to have considered that information unless record demonstrates otherwise. | Waite | Mahoning |
8/18/2025
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8/19/2025
| 2025-Ohio-2962 |
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State v. Reese
| 24 MA 0092 | App.R. 26(A); application for reconsideration denied as untimely filed; later filed motion for leave to file application for reconsideration based on belief the original application mailed in time to be received at clerk's office by the ten-day filing deadline; no showing of extraordinary circumstances; per curiam opinion dismissing original application for reconsideration also addressed merits of the application, and appellant has not changed his argument in the second application; mere disagreement with our reasoning not a basis for granting reconsideration; motion for leave and second application for reconsideration overruled. | Per Curiam | Mahoning |
8/18/2025
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8/19/2025
| 2025-Ohio-2963 |
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Gateway Royalty, L.L.C. v. EAP Ohio, L.L.C.
| 24 CA 0980 | Breach of contract to recover post-production costs from overriding royalty interests ("ORRI"); Gateway Royalty II, LLC v. Gulfport Energy Corporation, 2024-Ohio-4844; summary judgment in favor of ORRI holder; Ohio courts have previously held ORRIs presumed paid free of costs, and ORRI assignment under review silent as to deducting post-production costs; Ohio consistent with cost free ORRI definition in many other states; trial court did not improperly weigh evidence; parties who practice in a trade are presumed to know industry customs and standards; judgment affirmed. | Waite | Carroll |
8/15/2025
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8/19/2025
| 2025-Ohio-2961 |
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State v. Kidder
| 24 CO 0048 | father convicted of raping son; Evid.R. 702 expert witness testimony; no plain error in admitting expert opinion on sexual abuse; no Confrontation Clause violations; testimony as to statements by others not hearsay; no excited utterance; harmless error; sufficient evidence to support convictions; counsel not ineffective | Hanni | Columbiana |
8/14/2025
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8/15/2025
| 2025-Ohio-2905 |
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State v. Nelder
| 25 CO 0003 | Felony sentencing standard of review; trial court’s consideration of mental health prior to imposing a sentencing is found within the record; arguments not properly raised on appeal need not be addressed. | Waite | Columbiana |
8/14/2025
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8/15/2025
| 2025-Ohio-2906 |
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State v. Corlett
| 25 MA 0015 | unlawful sexual conduct with a minor; maximum sentence on one count; sentence not contrary to law; nunc pro tunc judgment to correct clerical error | Hanni | Mahoning |
8/14/2025
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8/15/2025
| 2025-Ohio-2907 |
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State v. Granberry
| 25 CO 0004 | Compelling prostitution; attempted unlawful sexual conduct with a minor; engaging in prostitution; possession of criminal tools; postconviction petition; not entitled to hearing; petition barred by res judicata | Hanni | Columbiana |
8/13/2025
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8/13/2025
| 2025-Ohio-2854 |
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State v. Levesque
| 25 MA 0025 | CRIMINAL LAW – misdemeanor telecommunications harassment; no contact order; community control violation; 30-day jail sentence stayed pending appeal; the trial court complied with the R.C. 2929.21 and 2929.22 statutory mandates and did not commit plain error or abuse its discretion; judgment affirmed. | Dickey | Mahoning |
8/11/2025
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8/12/2025
| 2025-Ohio-2834 |
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Massacci v. Sloan-Massacci
| 25 MA 0004 | CIVIL – divorce; R.C. 3105.01(J); Civil R. 75(M); corroborating evidence; judicial notice of the record; Civ.R. 53(D)(4)(b); Civ.R. 53(D)(4)(d); abuse of discretion. | Dickey | Mahoning |
8/8/2025
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8/11/2025
| 2025-Ohio-2825 |
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Menges v. Strunk
| 24 BE 0018 | CIVIL – State ex rel. Consortium For Economic & Community Dev. For Hough Ward 7 v. McMonagle, 2016-Ohio-4704 (8th Dist.); jurisdictional-priority rule; Civil R. 3(A); commenced; service; Civil Rule 5(A). | Per Curiam | Belmont |
8/6/2025
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8/7/2025
| 2025-Ohio-2766 |
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State v. Howze
| 25 BE 0005 | DRUG OFFENSES – aggravated possession of drugs; trafficking in tramadol; possession of drugs; forfeiture specifications; proportionality review hearing following remand; forfeiture of Appellant’s vehicle to the State does not constitute an excessive fine; R.C. 2981.02(A)(1)(c)(i); R.C. 2981.04(B); R.C. 2981.09(A), (C)(1)-(5), (D)(1)-(2); judgment affirmed. | Dickey | Belmont |
7/25/2025
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7/28/2025
| 2025-Ohio-2630 |
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State v. Boyer
| 24 CO 0046 | felonious assault; domestic violence; convictions not against manifest weight of the evidence; no ineffective assistance of counsel; evidence did not support jury instruction on inferior-degree offense of aggravated assault | Hanni | Columbiana |
7/25/2025
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7/28/2025
| 2025-Ohio-2627 |
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State v. Everson
| 24 MA 0097 | CIVIL -- postconviction petition; second or successive; recanting affidavit; eye witness; veracity; prosecutorial misconduct; unavoidably prevented; clear and convincing evidence; constitutional violation. | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2628 |
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State v. James
| 24 MA 0104 | CRIMINAL – consecutive sentences; separate cases; res judicata; resentencing; remand; de novo; limited; App. R. 16(A)(7). | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2629 |
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State v. Aponte-Rodriguez
| 25 MA 0002 | CRIMINAL LAW – rape; gross sexual imposition; sentenced to prison following jury trial; Tier III Sex Offender; four-year-old victim; hearsay; Evid.R. 803(4); exceptions; sufficiency; R.C. 2907.02(A)(1)(b) and (B); R.C. 2907.05(A)(4) and (C)(2); judgment affirmed. | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2631 |
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State v. Parker
| 25 MA 0006 | domestic violence; receiving stolen property; having weapons while under a disability; assault; felonious assault; firearm specification; court imposed jointly recommended sentence; guilty plea knowingly, voluntarily, and intelligently entered | Hanni | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2632 |
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State ex rel. Tapscott v. Mahoning Cty. Court of Common Pleas, Gen. Div.
| 25 MA 0041; 25 MA 0049 | Writ of Prohibition; Consecutive Sentencing; R.C. 2929.14(C)(4); R.C. 2969.25(C); Sui Juris; Mandated Findings; Adequate Remedy; Civ.R. 12(B)(6); Civ.R. 56. | Per Curiam | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2633 |
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State v. Vinka
| 25 BE 0002 | Assault, R.C. 2903.13(A)(4), jury instructions; plain error, Crim. R. 30(A); Crim. R. 52(B); insufficiency of the evidence; manifest weight of the evidence; knowingly under R.C. 2901.22(B); close proximity; ineffective assistance of counsel; maximum sentence cruel and unusual punishment; maximum sentence contrary to law; presumption against maximum sentence; sentencing statutes, R.C. 2929.11, 2929.12; felony sentence | Hanni | Belmont |
7/21/2025
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7/21/2025
| 2025-Ohio-2567 |
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Midland Credit Mgt. Inc. v. Bowers
| 24 MO 0018 | CIVIL – R.C. 2711.02; R.C. 2711.03; motion to stay; motion to enforce arbitration agreement; action on an account; standing to enforce arbitration agreement; assignment of credit card account; use of credit card; did not receive cardmember agreement; Civil Rule 56(E). | Dickey | Monroe |
7/21/2025
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7/22/2025
| 2025-Ohio-2578 |
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State v. Sargent
| 25 MA 0005 | CRIMINAL – pandering sexually oriented matter involving a minor or impaired person; R.C. 2907.322(A)(5); allied offenses of similar import; consecutive sentences; tier two sex offender classification; notice regarding sex-offender registry; R.C. 2950.03. | Dickey | Mahoning |
7/18/2025
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7/22/2025
| 2025-Ohio-2579 |
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State v. Ford
| 24 MA 0109 | CRIMINAL – R.C. 2919.27(A); violation of a protective order; misdemeanor sentence; abuse of discretion; no criminal history; uncharged conduct. | Dickey | Mahoning |
7/11/2025
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7/14/2025
| 2025-Ohio-2476 |
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State v. Melott
| 24 BE 0057 | Voluntary nature of plea agreement; trial court involvement in plea negotiations; State v. Byrd, 63 Ohio St.2d 288 (1980); self-defense; waiver; presumption in favor of concurrent sentences; ineffective assistance of counsel; prejudice. | Robb | Belmont |
7/8/2025
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7/10/2025
| 2025-Ohio-2444 |
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State v. Williamson
| 24 MO 0020; 24 MO 0021; 24 MO 0022 | Application to seal records of dismissed cases denied; defendant charged with Operating a Vehicle Impaired ("OVI"), vandalism, domestic violence, and attempted aggravated vehicular assault; R.C. 2953.61; defendant pleaded guilty to OVI, entered a diversion program on an amended charge, all remaining charges dismissed; related charges arising out of the same conduct may only be sealed if all the charges may be sealed; a conviction for OVI may not be sealed; affidavit attached to original complaint showed that all charges arose from same conduct; judgment affirmed. | Waite | Monroe |
6/30/2025
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7/7/2025
| 2025-Ohio-2402 |
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In re Adoption of H.M.M.
| 25 CO 0010 | Adoption petition alleged that natural mother's consent was not needed due to de minimis contact; R.C. 3107.07(A); mother claimed justification due to interference of father by hiding his address and phone number; record shows lack of contact for seven years, father shared his contact information with mother when he moved, mother's testimony was not credible; judgment affirmed. | Waite | Columbiana |
6/27/2025
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7/7/2025
| 2025-Ohio-2403 |
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State v. Yu
| 24 BE 0037, 24 BE 0041 | Pre-sentencing motion to withdraw guilty plea; credibility; factors; abuse of discretion; ineffective assistance of counsel; substantial compliance; right to appeal. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2377 |
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In re J.H.
| 25 BE 0013 | affirming termination of parental rights where mother raises: venue in county imposing prison sentence during which mother gave birth while incarcerated; sufficiency of notice in permanent custody motion; ground versus factor; lack of counsel at emergency shelter care hearing; sufficiency and weight of the evidence on finding child cannot be placed with the mother within a reasonable time; ineffective assistance of counsel; cumulative error. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2380 |
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Ohio River Resources, L.L.C. v. Westfall
| 24 MO 0017 | Motion for judgment on the pleading; Civ.R. 12(C); pleadings closed; harmless error; abandoned of record; R.C. 5301.56(H)(2); liberal construction. | Robb | Monroe |
6/26/2025
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7/7/2025
| 2025-Ohio-2379 |
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State v. May
| 24 MA 0085 | affirming aggravated murder and other offenses; sufficiency; weight; admission of online rap video; supplemental jury instruction on circumstantial evidence; rejection of incomplete stipulation on a prior conviction; cumulative error. | Robb | Mahoning |
6/25/2025
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7/7/2025
| 2025-Ohio-2378 |
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State v. Bugno
| 25 MA 0003 | Untimely postconviction petition; untimely motion for a new trial; jurisdictional defects strip a trial court of the ability to hear the case. | Waite | Mahoning |
6/18/2025
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7/7/2025
| 2025-Ohio-2404 |
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State v. Wieder
| 24 MA 0107 | CRIMINAL – R.C. 2913.02(A)(2); beyond the scope of the express or implied consent of the owner or person authorized to give consent; services; beauty salon; sufficiency of the evidence; manifest weight of the evidence, intent to deprive when the service provider revokes consent to any additional delay in payment. | Dickey | Mahoning |
6/16/2025
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6/17/2025
| 2025-Ohio-2128 |
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Stephens v. Zusack
| 25 BE 0024 | habeas corpus; filing requirements; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
6/16/2025
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6/17/2025
| 2025-Ohio-2129 |
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McPherson v. McPherson
| 24 CO 0049 | DOMESTIC RELATIONS – GENERAL – uncontested divorce; agreed judgment, final divorce decree; final appealable order; jurisdiction; duration of marriage; R.C. 3105.171(A)(2)(a); parties agreed to spousal support; R.C. 3105.18; pro se litigants held to same standard as those represented by counsel; judgments affirmed but remanded for the trial court to vacate its second judgment entry granting a divorce to the parties. | Dickey | Columbiana |
6/10/2025
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6/10/2025
| 2025-Ohio-2064 |
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State v. Price
| 24 CO 0036 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2091 |
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State v. Price
| 24 CO 0037 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2092 |
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State v. Price
| 24 CO 0038 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2093 |
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