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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Smith v. Clement
| 23CA28, 23CA29 | peremptory writ; clear legal duty; abolish; amend; initiative; petition; city charter; laches; mootness | Hess | Athens |
10/31/2024
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10/31/2024
| 2024-Ohio-5220 |
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In re V.C.
| 24CA8 | Best interest of the children; dependency adjudication; final appealable order; res judicata; permanent custody; wishes of the child; interrelationships with caregivers; secure permanent placement | Hess | Athens |
10/23/2024
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10/28/2024
| 2024-Ohio-5153 |
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In re L.L.
| 24CA10 | Permanent custody-trial court's judgment placing child in the agency's permanent custody was not against the manifest weight of the evidence; parents were incarcerated due to child's sibling's death as a result of a fentanyl overdose; child also had overdosed on fentanyl but had recovered; trial court had no obligation to place child in grandmother's legal custody when evidence showed that placing the child in the agency's permanent custody would serve his best interest. | Abele | Pickaway |
10/23/2024
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10/31/2024
| 2024-Ohio-5219 |
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In re B.S.
| 24CA4069 | Permanent custody-trial court's judgment was not against the manifest weight of the evidence; evidence showed that appellant remained living with her boyfriend even though the agency informed appellant that her boyfriend was a "problem" appellant agreed that staying in a relationship with her boyfriend was not healthy and had been close to reunifying with the children, but she decided to abandon her efforts to reunify with the children and returned to living with her boyfriend; the children stated that they did not want to live with appellant's boyfriend; the children made some abuse allegations involving appellant's boyfriend; and the children had been in the agency's temporary custody for more than two years when the agency filed its permanent custody motion any failure of guardian ad litem to comply with Sup.R. 48.03 did not constitute reversible error and did not affect the outcome of the proceedings. | Abele | Scioto |
10/23/2024
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10/29/2024
| 2024-Ohio-5183 |
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State v. Stodgel
| 23CA15 | Trial counsel did not provide ineffective assistance of counsel and appellant's consecutive sentences are not clearly and convincingly contrary to law. | Abele | Ross |
10/23/2024
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10/29/2024
| 2024-Ohio-5182 |
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State v. Smith
| 22CA17 | CRIMINAL-SPEEDY TRIAL-MANIFEST WEIGHT OF THE EVIDENCE-PROSECUTORIAL MISCONDUCT-BRADY VIOLATION - Where reasons of Appellant's own making caused Appellant to be without counsel for a substantial period of time, and it was reasonable to give new counsel an opportunity to review Appellant's case and prepare for trial, trial court's continuance was reasonable and court did not abuse its discretion by denying Appellant's motion to dismiss based on speedy trial. Where Appellant did not raise a second speedy trial motion subsequent to the trial court's denial of first motion, issue is waived for purposes of appeal; Appellant's conviction for felony theft is not against the manifest weight of the evidence where the jurors were presented voluminous testimony, jurors were in the best position to consider the credibility of the witnesses and resolve conflicts in the evidence, and obviously found prosecution's witnesses and theory of the case more believable than defense witnesses and theory of the case, particularly with regard to characterization of texts presented on parties' joint exhibit; Appellant did not demonstrate that prosecution committed Brady violation by later withholding electronic devices seized by properly executed search warrant where Smith retained possession of his devices subsequent to his indictment in September 2019 and prior to execution of the search warrant in October 2021, and common sense would dictate that Appellant should have reviewed his devices for materially exculpatory information at some point during two-year time period and especially after his first trial date was scheduled in March 2020; further, record indicates Appellant was given opportunity to work with the State in order to retrieve the information contained on his devices and failed to make any attempt to do so; key consideration is that Appellant did not establish that the evidence claimed to be on the devices was materially exculpatory. | Smith | Washington |
10/18/2024
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10/28/2024
| 2024-Ohio-5168 |
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State v. Seymour
| 23CA8 | CRIMINAL - FELONY SENTENCING - JUDICIAL RELEASE - Because R.C. 2929.20 only permits sentencing courts to grant judicial release to offenders serving non-mandatory prison terms, the trial court's erroneous labeling of defendant's prison terms as "mandatory by operation of law" in the sentencing entry must be reversed and remanded for the issuance of nunc pro tunc order. | Smith | Jackson |
10/18/2024
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10/29/2024
| 2024-Ohio-5186 |
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State v. Crumpton
| 23CA4024 | nonunanimous verdict; Crim.R. 31(A); R.C. 2945.171; Crim.R. 52(B); motion to dismiss; selective enforcement; sufficiency of the evidence; aggravated trafficking in drugs; R.C. 2925.03(A)(2); R.C. 2923.03(A)(2); constructive possession; aiding and abetting | Hess | Scioto |
10/18/2024
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10/22/2024
| 2024-Ohio-5064 |
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State v. Andrews
| 22CA28 | Bribery, R.C. 2921.02, sufficiency of the evidence, manifest weight of the evidence, prosecutorial misconduct, plain error | Wilkin | Franklin |
10/8/2024
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10/18/2024
| 2024-Ohio-5023 |
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State v. Clark
| 23CA20 | CRIMINAL, PLEAS, CRIM.R. 11(C)(2), Reagan Tokes R.C. 2929.19(B)(2)(c) - No authority suggests that Reagan Tokes notifications, R.C. 2929.19(B)(2)(c) notifications does not invalidate an appellant's otherwise knowing, intelligent, and voluntary plea. | Smith | Pickaway |
10/7/2024
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10/11/2024
| 2024-Ohio-4930 |
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State v. Watson
| 23CA25 | CRIMINAL-FELONY SENTENCING-PROPORTIONALITY-CONSISTENCY IN SENTENCING - The trial court's imposition of maximum and consecutive sentences is affirmed where the trial court stated it had considered the principles and purposes of felony sentencing under R.C. 2929.11 and had balanced the seriousness and recidivism factors under R.C. 2929.12, and where the trial court made the necessary findings for imposition of consecutive sentences; consistency-in-sentencing arguments must first be raised at the trial court level in order to be preserved for appellate review. | Smith | Pickaway |
10/7/2024
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10/16/2024
| 2024-Ohio-4992 |
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State v. Thompkins
| 22CA11 | Aggravated trafficking in drugs; methamphetamine; motion to continue trial; motion to substitute counsel; counsel of choice; abuse of discretion; motion to suppress; probable cause; reasonable articulable suspicion; traffic stop; car-length rule; ineffective assistance of counsel; counsel’s failure to file a motion to suppress search of bag in trunk of vehicle; counsel’s failure to retain DNA/fingerprint expert; counsel’s failure to call witnesses; counsel’s failure to inform defendant of no contest plea option; counsel’s failure to question during voir dire of potential racial prejudice and jury’s opinion if defendant does not testify; “trial tax” of imposing a sentence greater than plea offer; and Reagan Tokes Act unconstitutional – violates separation-of-power, right to a jury trial, and due process | Wilkin | Pickaway |
10/3/2024
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10/11/2024
| 2024-Ohio-4927 |
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State v. Nussbaum
| 23CA20 | Defendant waived for appellate review the issue as to whether his speedy trial rights were violated and defense counsel's failure to file a motion to dismiss on speedy trial grounds was not ineffective assistance of counsel. | Abele | Gallia |
9/20/2024
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9/26/2024
| 2024-Ohio-4688 |
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State v. Bailey
| 23CA1182 | Record supports imposition of consecutive sentences. | Abele | Adams |
9/19/2024
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9/24/2024
| 2024-Ohio-4641 |
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State v. McKinney
| 23CA21 | Ineffective assistance of counsel-trial counsel did not fail to provide the effective assistance of counsel-sufficient evidence supported appellant's eight rape convictions and convictions were not against the manifest weight of the evidence; the victim testified that appellant engaged in eight distinct acts of rape and appellant admitted that he had engaged in fellatio and vaginal intercourse with the victim-allied offenses of similar import-the trial court did not plainly err by failing to merge eight rape offenses when evidence failed to show that appellant committed the offenses separately or with a separate animus. | Abele | Lawrence |
9/17/2024
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9/24/2024
| 2024-Ohio-4642 |
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State v. Dunn
| 24CA2 | Prosecution 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. | Abele | Jackson |
9/10/2024
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9/17/2024
| 2024-Ohio-4555 |
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State v. Bennett
| 23CA4 | Trial 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. | Abele | Lawrence |
9/10/2024
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9/17/2024
| 2024-Ohio-4557 |
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State v. Pettiford
| 23CA16 | administration of oath; Evid.R. 603; R.C. 2317.30; Other-acts evidence; Evid.R. 702(C); consecutive sentences; R.C. 2929.14; cumulative error doctrine | Hess | Highland |
9/3/2024
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9/9/2024
| 2024-Ohio-4447 |
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In re W.V.
| 24CA1199 | permanent custody; best interest of the child; case plan; domestic abuse; wishes of the child; custodial history; legally secure permanent placement | Hess | Adams |
9/3/2024
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9/9/2024
| 2024-Ohio-4446 |
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State v. Walker
| 23CA13 | Trial 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. | Abele | Gallia |
9/2/2024
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9/10/2024
| 2024-Ohio-4469 |
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Ohio Power Co. v. Burns
| 23CA23, 23CA24, 23CA25, 23CA26 | eminent 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 error | Hess | Washington |
8/28/2024
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9/3/2024
| 2024-Ohio-3364 |
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State v. Sillman
| 23CA4038 | guilty pleas; knowing, intelligent, and voluntary; Crim.R. 11; denial of continuance; abuse of discretion; ineffective assistance of counsel; motion to withdraw guilty pleas | Hess | Scioto |
8/28/2024
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9/3/2024
| 2024-Ohio-3363 |
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State v. Elliott
| 24CA2 | void; voidable; petition for postconviction relief; R.C. 2953.21; untimely; res judicata | Hess | Highland |
8/28/2024
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9/3/2024
| 2024-Ohio-3362 |
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State v. Thompson
| 23CA18 & 23CA19 | CRIMINAL-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. | Smith | Washington |
8/22/2024
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9/3/2024
| 2024-Ohio-3361 |
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In re J.P.R.
| 24CA4 & 24CA5 | PERMANENT 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. | Smith | Washington |
8/22/2024
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9/3/2024
| 2024-Ohio-3380 |
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State v. Peterson
| 21CA3973 | Guilty 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 error | Wilkin | Scioto |
8/20/2024
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8/27/2024
| 2024-Ohio-3276 |
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State v. Raines
| 23CA14, 23CA15 | violating 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 credit | Hess | Gallia |
8/19/2024
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8/26/2024
| 2024-Ohio-3236 |
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In re H.F.
| 24CA4062, 24CA4063, 24kCA4064 | Permanent-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. | Abele | Scioto |
8/16/2024
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8/27/2024
| 2024-Ohio-3265 |
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Gemmell v. Anthony
| 22CA5 | Contempt; receivership; receiver; authority; subject-matter jurisdiction; final judgment; standing; judgment creditor; purge conditions | Hess | Hocking |
8/14/2024
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8/16/2024
| 2024-Ohio-3129 |
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Elliott v. Bobb
| 22CA12 | Motion 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. | Wilkin | Ross |
8/9/2024
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8/15/2024
| 2024-Ohio-3095 |
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State v. Avery
| 23CA4012 | Trafficking 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. | Wilkin | Scioto |
8/5/2024
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8/14/2024
| 2024-Ohio-3094 |
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State v. McIntosh
| 23CA6 | CRIMINAL-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. | Smith | Gallia |
7/31/2024
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8/6/2024
| 2024-Ohio-2979 |
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State v. Wilson
| 23CA21 | R.C. 2919.22(A); endangering children; sufficiency of the evidence; manifest weight of the evidence; substantial risk | Hess | Highland |
7/30/2024
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8/5/2024
| 2024-Ohio-2951 |
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Hadley v. Valkenburgh
| 23CA15 | A person must be a party to a case, or have attempted to intervene, to have standing to appeal from an adverse judgement. | Abele | Athens |
7/30/2024
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8/7/2024
| 2024-Ohio-2990 |
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In re A.B.
| 24CA3 | R.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 placement | Hess | Highland |
7/30/2024
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8/5/2024
| 2024-Ohio-2952 |
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State v. Woods
| 23CA23 | A defendant must be advised of all sentencing notifications at the sentencing hearing and in the court's sentencing entry. | Abele | Ross |
7/25/2024
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8/7/2024
| 2024-Ohio-2991 |
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State v. Collins
| 23CA13 | Appellant entered a knowing, intelligent and voluntary plea and the trial court did not err when it imposed consecutive sentences. | Abele | Highland |
7/25/2024
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7/31/2024
| 2024-Ohio-2891 |
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Malone v. Cremeans
| 23CA3 | No final, appealable order when court's judgment was too confusing, contradictory, and ambiguous. | Abele | Athens |
7/25/2024
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8/7/2024
| 2024-Ohio-2989 |
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State v. Dawson
| 23CA11 | Trial court did not err when it accepted appellant's Alford plea | Abele | Washington |
7/25/2024
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8/6/2024
| 2024-Ohio-2968 |
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Southworth v. Southworth
| 23CA922 | DIVORCE-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. | Smith | Pike |
7/25/2024
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8/5/2024
| 2024-Ohio-2950 |
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Ark Advanced Remediation, L.L.C. v. Watson
| 22CA15 | attorney’s motion to withdraw; prejudice; continuance of trial date; Unger factors; directed verdict; oral contract | Hess | Gallia |
7/24/2024
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7/30/2024
| 2024-Ohio-2874 |
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State v. Sines-Riley
| 22CA3984, 22CA3985, 22CA3986 | sufficiency 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 tools | Hess | Scioto |
7/24/2024
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7/29/2024
| 2024-Ohio-2860 |
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Palomino v. Palomino
| 23 CA 1181 | The 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 Schuster | Adams |
7/23/2024
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7/30/2024
| 2024-Ohio-2873 |
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State v. Jarrells
| 22CA3990 | Breaking 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 questions | Wilkin | Scioto |
7/15/2024
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7/25/2024
| 2024-Ohio-2816 |
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State v. Cook
| 23CA1172 | CRIMINAL; 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. | Smith | Adams |
7/15/2024
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7/24/2024
| 2024-Ohio-2798 |
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State v. Bradford
| 24CA1191, 24CA1192, 24CA1193 | guilty plea; Crim R. 11; mandatory postrelease control; knowingly, intelligently, and voluntarily | Hess | Adams |
7/10/2024
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7/15/2024
| 2024-Ohio-2669 |
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State v. Aeh
| 23CA4022 | Statutory speedy trial rights; tolling events | Hess | Scioto |
7/10/2024
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7/26/2024
| 2024-Ohio-2834 |
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State v. Kincaid
| 22CA4 | Trial 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. | Abele | Meigs |
7/5/2024
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7/15/2024
| 2024-Ohio-2668 |
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State v. Martin
| 23CA702, 23CA703 | guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2)(c); jury trial; unanimity | Hess | Vinton |
6/18/2024
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6/24/2024
| 2024-Ohio-2408 |
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Hoy v. Hoy
| 23CA704 | Divorce; appraisal; valuation of marital property; question of fact; manifest weight of the evidence | Wilkin | Vinton |
6/18/2024
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6/26/2024
| 2024-Ohio-2440 |
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