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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Accurate Inventory & Calculating Servs. v. Buehrer 14AP-1008Writ of mandamus denied; Ohio Adm.Code 4123-17-08(D)(3)(a), in this case, prohibits relator from being assigned one basic classification and one standard classification as requested.KlattFranklin 9/27/2016 9/27/2016 2016-Ohio-7004
State ex rel. Ohio Paperboard v. Indus. Comm. 15AP-871The magistrate did not err in concluding that the commission did not abuse its discretion in finding violations of specific safety requirements set forth in Ohio Adm.Code 4123:1-5-05(C)(2), (C)(4), and (D)(1). Claimant, a machine operator, had no means to disengage the power supply of the machine at the location of his exposure to the pinch point hazard. Objections overruled; writ denied.Luper SchusterFranklin 9/27/2016 9/27/2016 2016-Ohio-7005
State v. Arroyo-Garcia 15AP-890Convictions affirmed; no plain error sentencing defendant on all four drug trafficking convictions because defendant did not demonstrate they were committed separately or with separate animus.KlattFranklin 9/27/2016 9/27/2016 2016-Ohio-7006
State ex rel. Brown v. Indus. Comm. 15AP-909Industrial Commission did not abuse its discretion in denying relator's request for temporary total disability compensation.Luper SchusterFranklin 9/27/2016 9/27/2016 2016-Ohio-7007
Stefansky v. Cantina Laredo Columbus/Nashville, L.P. c/o CT Corp. 15AP-927Trial court did not abuse its discretion when it denied plaintiff's motion from relief from judgment and granted defendant's motion for summary judgment.BrownFranklin 9/27/2016 9/27/2016 2016-Ohio-7008
State v. Urbina 15AP-978The trial court did not abuse its discretion in precluding Urbina's witness' testimony regarding her cancer diagnosis, did not abuse its discretion in allowing the state to question the witness about the status of her driver's license, and did not improperly intimidate the witness by reminding her of her right against self-incrimination and in explaining perjury to her. However, the trial court abused its discretion in not allowing the witness to testify specifically regarding suffering a miscarriage immediately following the accident and abused its discretion in allowing the law enforcement officer to render an impermissible lay opinion. Additionally, the state's questions to Urbina's witness on cross-examination regarding statements she had made out of court operated to deprive Urbina of a fair trial. Luper SchusterFranklin 9/27/2016 9/27/2016 2016-Ohio-7009
State ex rel. Justice v. State 15AP-993Relator's complaint in quo warranto dismissed for failure to state a claim; action not brought by attorney general of a prosecuting attorney, neither did relator claim an entitlement to a public office unlawfully held and exercised by another.KlattFranklin 9/27/2016 9/27/2016 2016-Ohio-7010
Glenn v. Columbus 16AP-15The trial court erred in denying the city's motion for summary judgment. Construing the evidence most favorably toward the executor, no reasonable jury could conclude that the firefighter's conduct constituted willful or wanton misconduct. Thus, the city is entitled to immunity as a matter of law. However, the trial court did not err in denying the firefighter's motion for summary judgment because a genuine dispute exists as to whether the firefighter operated the firetruck in a reckless manner. Judgment affirmed in part and reversed in part; cause remanded.Luper SchusterFranklin 9/27/2016 9/27/2016 2016-Ohio-7011
State v. Bahen 16AP-65In an OVI case under R.C. 4511.19(A) with related traffic violations, the trial court did not err in denying appellant's motion to suppress after finding that police had reasonable suspicion to stop appellant's car and had probable cause to arrest appellant. Officer testimony and cruiser video established that appellant swerved his car several times and drastically decelerated to a slow speed on a highway late at night, failed the one-leg-stand test, and had slurred speech, bloodshot and glassy eyes, a strong smell of alcohol on his breath, and an open container in the console. Judgment affirmed.SadlerFranklin 9/27/2016 9/27/2016 2016-Ohio-7012
State v. Wallace 16AP-145In this case, the victim knew the appellant, her assailant, identified the appellant, was not impeached on any significant point, and explained in detail how appellant restrained and strangled her, even though physical corroborating evidence was minimal. Therefore the conviction was not against the manifest weight of the evidence and was supported by sufficient evidence.BrunnerFranklin 9/27/2016 9/27/2016 2016-Ohio-7013