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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Walker 14AP-905Trial court did not err in denying appellant's motion to suppress, trial counsel's performance was not deficient, and appellant's conviction for drug possession and attendant firearm specification was supported by sufficient evidence and was not against the manifest weight of the evidence.BrownFranklin 5/26/2016 5/26/2016 2016-Ohio-3185
Columbus v. Hutchison 15AP-667Judgment affirmed. Under the facts of this OVI case, the testifying officer was not an incompetent witness under Evid.R. 601(C). The administration of the breath test substantially complied with the applicable regulatory and statutory requirements where the 20-minute observation period was performed by an officer not licensed to operate the breath testing instrument. The trial court did not err by admitting the testimony of the officer or the results of the breath test.HortonFranklin 5/26/2016 5/26/2016 2016-Ohio-3186
State v. Emanuel 15AP-734Because a prior decision only required the trial court to vacate two counts of the defendant's conviction, the trial court erred by resentencing the defendant on other counts that were undisturbed by the prior decision.DorrianFranklin 5/26/2016 5/26/2016 2016-Ohio-3187
Glass v. Kindred Transitional Care & Rehab. 15AP-940Judgment affirmed. The trial court did not abuse its discretion in finding that, based on the totality of the circumstances, appellants acted inconsistently with their right to arbitrate, and have thus waived arbitration. In addition, appellee's motions to dismiss and for sanctions are denied.HortonFranklin 5/26/2016 5/26/2016 2016-Ohio-3188
In re A.L. 15AP-1040 & 15AP-1045Judgments affirmed. The trial court did not abuse its discretion when it denied appellant's motion for a continuance, made the day of trial on the state's motion for permanent custody of appellant's children. Although appellant sought the continuance because he was attending a residential drug treatment program, he had otherwise made minimal progress on the reunification case plan after numerous opportunities to comply with its requirements over two years, and granting continuance would not have changed the outcome.HortonFranklin 5/26/2016 5/26/2016 2016-Ohio-3189
In re Dissolution of Marriage of McAdams v. McAdams 15AP-1055Trial court did not have sufficient information to terminate spousal support without an evidentiary hearing.TyackFranklin 5/26/2016 5/26/2016 2016-Ohio-3190
State v. Smith 15AP-1142 & 15AP-1143Trial court properly denied appellant's motion to vacate his sentence where appellant's motion did not challenge the underlying conviction and appellant had already served his sentence. Judgment affirmed.SadlerFranklin 5/26/2016 5/26/2016 2016-Ohio-3191
Frash v. Ohio Dept. of Rehab. & Corr. 14AP-932Not having previously held that notice of a particular victim is a prerequisite to establishing liability against a prison for its prisoners' assaults, the majority decision in Frash v. Ohio Dept. of Rehab. & Corr., 10th Dist. No. 14AP-932, 2016-Ohio-360 creates no certifiable conflict within this district, negating the need for en banc review.BrunnerFranklin 5/24/2016 5/24/2016 2016-Ohio-3134
State ex rel. Food & Water Watch & FreshWater Accountability Project v. State 14AP-958Because the magistrate correctly determined that relators lack standing to bring this action, relators' objection to the magistrate's decision is overruled. The requested writ of mandamus is denied.Luper SchusterFranklin 5/24/2016 5/24/2016 2016-Ohio-3135
State ex rel. Watkins v. St. Clare Retirement Community 15AP-175Relator's original action for mandamus granted; because commission abused its discretion by relying on deficient psychological report, commission must vacate its order that denied compensation and, after receiving an additional report or having relator examined by another examiner, determine whether relator is entitled to compensation.KlattFranklin 5/24/2016 5/24/2016 2016-Ohio-3136
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