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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Dahlberg 2022-A-0063CRIMINAL - Post-Conviction Relief; R.C. 2953.02; abuse of discretion; dismissal of petition for post-conviction relief without a hearing; res judicata does not bar petitioner when from raising an issue when petitioner was represented pro se on direct appeal.EklundAshtabula 3/27/2023 3/27/2023 2023-Ohio-987
State v. Meeks 2022-A-0060CRIMINAL - Anders; wholly frivolous; guilty plea; voluntary; Crim.R. 11; competence; felony sentencing; indefinite sentence; restitutionLynchAshtabula 3/27/2023 3/27/2023 2023-Ohio-988
Jones v. Jones 2022-G-0032CIVIL- suggestion of death; death of party; abatement; motion to vacate; personal jurisdiction; R.C. 2311.21; divorce; domestic violence protection order; R.C. 3113.31; issue adjudicated during lifetime of parties; ex parte order; Civ.R. 65.1(F)(2)LynchGeauga 3/27/2023 3/27/2023 2023-Ohio-989
State v. Johnson 2022-L-067 & 2022-L-068CRIMINAL - Reagan Tokes; indefinite sentence; separation of powers; right to fair hearing; due process; constitutionalLynchLake 3/27/2023 3/27/2023 2023-Ohio-990
Kubala v. Smith 2022-T-0094CIVIL - sexually hostile work environment; summary judgment; Civ.R. 56; political subdivision employee immunity; individual capacity; R.C. 2744.03(A)(6); R.C. 2744.02(C); manifestly outside the scope of the employee's employment or official responsibilities; malicious purpose; bad faith; wanton; reckless.LucciTrumbull 3/27/2023 3/27/2023 2023-Ohio-991
Mickens v. Berry Global, Inc. 2022-P-0066APPELLATE REVIEW - failure to comply with local and appellate rules; appeal dismissed.TrappPortage 3/20/2023 3/20/2023 2023-Ohio-885
State v. Gordon 2022-P-0024CRIMINAL LAW - resentencing; consecutive sentences; statutory findings; R.C. 292914(C)(4); made during sentencing hearing; court failed to incorporate into judgment entry; nunc pro tunc; affirm.LucciPortage 3/20/2023 3/20/2023 2023-Ohio-887
State v. Talley 2021-T-0044CRIMINAL LAW - reopened appeal; App.R. 26(B); ineffective assistance of appellate counsel; consecutive sentence findings; joint agreement as to sentence.TrappTrumbull 3/20/2023 3/20/2023 2023-Ohio-883
Russell v. McCloud 2022-T-0017 & 2022-T-0048CIVIL LAW - workers' compensation; R.C. 4123.512(F); increase in statutory award of attorney fees; 2017 amendment applies prospectively to any claim arising on or after date of the amendment.TrappTrumbull 3/20/2023 3/20/2023 2023-Ohio-886
State ex rel. Spivey v. Lauger 2022-A-0018EXTRAORDINARY WRITS - petition for writ of mandamus; public records request; COVID-19 documents; even if relator has a right to the alleged records, respondent has no duty to meet the request; no genuine issue of material fact; petition dismissed.Per CuriamAshtabula 3/20/2023 3/20/2023 2023-Ohio-888
Redding v. United States Parachute Assn., Inc. 2022-G-0024CIVIL - membership; private organization; skydiving; refusal to renew membership; governance manual; breach of contract; negligence; intentional interference with business interest; Sarbanes-Oxley Act; Ohio's whistle-blower statute; Civ.R. 12(C); no contractual relationship; no cognizable cause of action for negligence; no Sarbanes-Oxley violation; no intentional interference with a business interest; no breach of duty of good faith; genuine issue of material fact as to Ohio whistle-blower claim; dismissal of claim for injunctive relief proper.BroganGeauga 3/20/2023 3/20/2023 2023-Ohio-884
State v. Cabrera 2022-A-0083, 2022-A-0084, 2022-A-0085 & 2022-A-0086CRIMINAL LAW - domestic violence; R.C. 2919.25(A); sufficiency of the evidence; manifest weight of the evidence; knowingly; R.C. 2901.22(B).LucciAshtabula 3/13/2023 3/13/2023 2023-Ohio-770
State v. Caroline's Kids Pet Rescue 2022-L-024, 2022-L-025, 2022-L-026, 2022-L-027, 2022-L-028 & 2022-L-029CRIMINAL LAW - commission to take depositions; R.C. 2945.50; Crim.R. 15(A); reimbursement; R.C. 959.99(E)(6)(b); due process; restitution; competent, credible evidence.LucciLake 3/13/2023 3/13/2023 2023-Ohio-761
State v. Jackson 2022-L-053CRIMINAL - Presentence motion to withdraw a guilty plea; a trial court abuses its discretion when it offers a blanket policy against accepting pleas without regard to the facts or circumstances; a guilty plea must be made knowingly, intelligently, and voluntarily.EklundLake 3/13/2023 3/13/2023 2023-Ohio-762
Moyer v. Robinson 2022-L-043CIVIL - civil stalking protection order; R.C. 2903.214; Civ.R. 65.1; objections; plain error; failure to order transcript; factual findings.TrappLake 3/13/2023 3/13/2023 2023-Ohio-764
State v. Oscar 2023-L-015APPELLATE REVIEW - App.R. 4(A)(1); untimely criminal appeal; has not sought leave to appeal under App.R. 5(A); appeal dismissed.TrappLake 3/13/2023 3/13/2023 2023-Ohio-768
State v. Oscar 2023-L-016, 2023-L-017, 2023-L-026APPELLATE REVIEW - App.R. 4(A)(1); untimely criminal appeals; has not sought leave to appeal under App.R. 5(A); appeals dismissed.LynchLake 3/13/2023 3/13/2023 2023-Ohio-769
State v. Tornstrom 2022-P-0025CRIMINAL - Pandering Sexually Oriented Matter Involving a Minor; R.C. 2907.332(A)(1) and (5); Regan Tokes Law; indefinite sentencing is constitutional; R.C. 2967.271; as-applied challenge to Reagan Tokes Law not yet ripe; ineffective assistance of counsel; defective indictment lacking an element of the offense was voidable, not void; had defect been raised, the defect was curable through amendment; Crim.R. 11(C); Crim.R. 32(B); trial court's failure to inform appellant of right to appeal at sentencing did not prejudice appellant because he timely filed his appeal; trial court's incorrect statement that only one multiple second-degree felony counts was a qualifying offense under the Reagan Tokes Law was a non-constitutional requirement of Crim.R. 11(C) and appellant failed to demonstrate prejudice or a complete failure to comply with the rule; R.C. 2929.144; court was required to state the minimum term for each of the qualifying offense.EklundPortage 3/13/2023 3/13/2023 2023-Ohio-763
State v. Reddick 2022-P-0039CRIMINAL - involuntary manslaughter, state did not violate plea bargain, abided by terms of plea agreement by not recommending term of years.TrappPortage 3/13/2023 3/13/2023 2023-Ohio-765
State v. Lusane 2022-P-0040CRIMINAL - motion for new trial; sufficiency of the evidence; res judicataLynchPortage 3/13/2023 3/13/2023 2023-Ohio-766
Fonderlin v. Trumbull Family Fitness 2022-T-0082CIVIL - summary judgment; trial court erred in applying general premises liability framework; appellant sufficiently raised genuine issues of material fact whether appellee voluntarily undertook duty to supervise children in afterschool program; reversed and remanded.TrappTrumbull 3/13/2023 3/13/2023 2023-Ohio-767
State v. Sayers 2022-T-0059, 2022-T-0064, 2022-T-0065 & 2022-T-0066CRIMINAL - probation violation; community control; tolling; absconded; probation violation proceedings instituted prior to expiration of probation periodLynchTrumbull 3/6/2023 3/6/2023 2023-Ohio-672
State v. Tillis 2022-T-0072CRIMINAL - guilty plea; Crim.R. 11; right to jury trial; expanded explanation of the law; consecutive sentences; sentence in futuro; Crim.R. 32(C); imposition of sentence; R.C. 2929.14(C)(4);evidentiary basis for consecutive sentencing findings; cumulative errorLynchTrumbull 3/6/2023 3/6/2023 2023-Ohio-673
Warren v. Postlethwait 2022-T-0077CRIMINAL LAW - complaint fatally flawed, trial court lacked subject-matter jurisdiction; essential facts of complaint different from numerical designation of statute, under either level of offense was wrong; dogs were erroneously declared vicious and ordered euthanized; conviction and sentence void.TrappTrumbull 3/6/2023 3/6/2023 2023-Ohio-674
Wordlow v. Davis, Warden 2022-T-0121EXTRAORDINARY WRIT - habeas corpus; respondent's motion to dismiss is granted; petitioner released from prison; petition is moot; not a claim capable of repetition yet evading review; successive petition raising identical claims; barred by doctrine of res judicata.Per CuriamTrumbull 3/6/2023 3/6/2023 2023-Ohio-675
State v. Beasley 2022-L-040CRIMINAL - Murder; R.C. 2903.02(B); Endangering Children; R.C. 2912.22(B)(1); Motion in limine; Evid.R. 401; Evid.R. 402; Evid.R. 702; Evid.R. 704; admission of expert testimony as to abusive trauma, nonaccidental trauma, and child abuse was not an abuse of discretion where the experts testified to a likely medical diagnosis where no expert opined on the appellant's culpable mental state or opine that appellant was the perpetrator of said abuse; admission of coroner testimony as to the manner and cause of death was not an abuse of discretion where the probative value of the manner and cause of death was not substantially outweighed by the danger of unfair prejudice to the jury; no Sixth Amendment Confrontation Clause violation under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) existed as the author of an autopsy report testified during trial and autopsy reports are generally nontestimonial business records; conviction supported by sufficient evidence and not against manifest weight of the evidence where appellant admitted to being too rough with infant child and medical professionals concluded that the injuries were nonaccidental; no cumulative error where no underlying error found.EklundLake 3/6/2023 3/6/2023 2023-Ohio-670
In re A.M. 2022-A-0090 & 2022-A-0091JUVENILE - motion for permanent custody; termination of parental rights; best interest of children; reasonable reunification efforts; clear and convincing evidence.TrappAshtabula 2/28/2023 3/6/2023 2023-Ohio-671
State v. Stroud 2022-A-0032, 2022-A-0033, 2022-A-0034CRIMINAL LAW - sufficient evidence of possessing criminal tools and assault where state introduced testimony of eyewitness, victim, and arresting officers; manifest weight, competing version of events supports trial court's findings; trial court did not abuse discretion by allowing rebuttal witnesses to testify who were in violation of separation order; no evidence state improperly allowed witnesses to remain in courtroom, rebuttal testimony was generally repetitive, and matter was tried to bench; counsel was not ineffective for cross-examination of witnesses or failing to object to witness' identification testimony, trial strategy, failure to make Crim.R. 29 motion was not ineffective because there was sufficient evidence; cumulative error cannot be established by joining meritless claims together; failed to establish any instances of harmless error, thus doctrine of cumulative error does not apply.TrappAshtabula 2/27/2023 2/27/2023 2023-Ohio-569
DiVincenzo v. DiVincenzo 2022-L-052CIVIL LAW - domestic violence civil protection order; trial court did not err in imposing supervised parenting time and issuing domestic violence civil protection order ("DVCPO") for statutory maximum of five years; tailored to circumstances to keep child safe from harm; trial court found father recklessly caused severe bodily injury; "best interest" analysis is not required.TrappLake 2/27/2023 2/27/2023 2023-Ohio-570
In re Estate of Crain 2022-T-0053CIVIL - motion to vacate order settling fiduciary's account; R.C. 2109.35(A); fraud; guilty verdict in concealment action; R.C. 2109.50; scienter; one-year from discovery; abuse of discretion; sound reasoning process.TrappTrumbull 2/27/2023 2/27/2023 2023-Ohio-571
Gombash v. Westbrook 2022-T-0070CIVIL - child custody; best interest factors; R.C. 3109.04; abuse of discretion; substantial credible and competent evidence.TrappTrumbull 2/27/2023 2/27/2023 2023-Ohio-572
State v. Wilmington 2022-P-0048CRIMINAL LAW - post-sentence motion for a new trial; Crim.R. 33; motion to withdraw guilty pleas; Crim.R. 32.1; manifest injustice; pleas knowingly, intelligently, and voluntarily made.TrappPortage 2/21/2023 2/21/2023 2023-Ohio-512
State v. Rivkind 2023-P-0004APPELLATE REVIEW - trial court cannot reconsider a valid final order in a criminal case; reconsideration of a final order is a nullity; order denying reconsideration is not subject to appeal.LucciPortage 2/21/2023 2/21/2023 2023-Ohio-514
Frangioudakis v. Floran 2022-L-083CIVIL - DOMESTIC RELATIONS; CIV.R. 60(B); Civ.R. 60(B) presumes underlying order is a final appealable order; moving party must demonstrate facts to establish assertions; motion to disqualify counsel; advocate-witness rule; Prof.Cond.R. 3.7; full evidentiary hearing on motion to disqualify is not necessary where trial court has sufficient evidence to consider the required factors.EklundLake 2/21/2023 2/21/2023 2023-Ohio-507
May v. Jarosz 2022-L-063CIVIL - child support order; trial court did not abuse discretion in denying appellant's timely filed motion for extension of time to file objections; Juv. 40 contemplates objections will be filed prior to transcript; appellant failed to make a showing of good cause.TrappLake 2/21/2023 2/21/2023 2023-Ohio-511
State v. Davis 2023-L-009 & 2023-L-010APPELLATE REVIEW - Crim.R. 5(B)(4)(a) and (5); bind-over order is precluded by the Ohio Criminal Rules; appeals dismissed.LucciLake 2/21/2023 2/21/2023 2023-Ohio-513
Conneaut v. Emus 2022-A-0021, 2022-A-0023, 2022-A-0025 & 2022-A-0027CRIMINAL LAW - aggravated disorderly conduct; appellant was not charged under R.C. 2917.11(A)(2), which prohibits speech and expression triggering a First Amendment analysis, rather appellant was charged under R.C. 2917.11(A)(1), which prohibits certain behaviors; there was more than sufficient evidence of tumultuous behavior and unruly conduct; the manifest weight of the evidence supports the jury's verdict.TrappAshtabula 2/21/2023 2/21/2023 2023-Ohio-508
Estate of Truesdell v. CBC Constr., Inc. 2022-A-0087APPELLATE REVIEW - lack of a final appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delay.LynchAshtabula 2/21/2023 2/21/2023 2023-Ohio-515
In re J.B. 2023-G-0001APPELLATE REVIEW - R.C. 2505.02; When a juvenile court determines custody, but defers a decision on child support to a later date, there is no final appealable order.EklundGeauga 2/21/2023 2/21/2023 2023-Ohio-509
State ex rel. Ames v. Ondrey 2022-G-0044EXTRAORDINARY WRITS - prohibition; motion to dismiss; frivolous conduct; due process; R.C. 2323.51; no patent and unambiguous lack of jurisdiction; adequate remedy at law.Per CuriamGeauga 2/21/2023 2/21/2023 2023-Ohio-510
Homestead Interiors, Inc. v. Hines 2022-G-0053APPELLATE - notice of appeal; tolling; findings of fact and conclusions of law; App.R. 4(B)(2)(d); final order; pending motionsLynchGeauga 2/13/2023 2/13/2023 2023-Ohio-413
State v. Obhof 2021-A-0021CRIMINAL - Crim.R. 11; knowing, intelligent, and voluntary plea; failure to inform defendant of sex offender registration at time of plea was part of the maximum penalty involved; trial court partially complied with nonconstitutional Crim.R. 11(C) requirements and appellant did not assert prejudice; Alford Plea; trial court must ascertain that defendant has made a ration calculation; the record demonstrated sufficient factual basis on which to find defendant guilty.EklundAshtabula 2/13/2023 2/13/2023 2023-Ohio-408
State v. Hughell 2023-A-0003APPELLATE REVIEW - App.R. 4(A)(1); untimely appeal; lack of jurisdiction.TrappAshtabula 2/13/2023 2/13/2023 2023-Ohio-417
State v. Wilson 2022-L-044CRIMINAL - Ineffective assistance of counsel; motion to suppress; failure to raise an issue on a motion to suppress constitutes a complete waiver; reasonable suspicion.EklundLake 2/13/2023 2/13/2023 2023-Ohio-409
State v. Hackathorn 2022-L-064CRIMINAL - R.C. 2953.08(G)(2); R.C. 2929.11; R.C. 2929.12; an appellate court is without authority to independently weigh mitigating factors under R.C. 2929.12.EklundLake 2/13/2023 2/13/2023 2023-Ohio-410
Hager v. Swickheimer 2022-L-069CIVIL - cognovit note; relief from judgment; Civ.R. 60(B); meritorious defense; demand for payment; lack of supporting affidavit; calculation of interestLynchLake 2/13/2023 2/13/2023 2023-Ohio-414
State v. Hamilton 2022-L-074CRIMINAL - motion to vacate void judgment; subject-matter jurisdiction; personal jurisdiction; postconviction reliefLynchLake 2/13/2023 2/13/2023 2023-Ohio-415
State ex rel. Duncan v. Mentor 2022-L-106ORIGINAL ACTION - mandamus; motion to dismiss; original jurisdiction; Ohio Const. Art. IV, Sec. 3; takings/appropriations; failure to exhaust administrative remediesPer CuriamLake 2/13/2023 2/13/2023 2023-Ohio-416
State v. Brown 2022-T-0078CIVIL - postconviction remedy; civil in nature; sealing of record of conviction; R.C. 2953.32; eligible offender; no requirement for court to set forth its reasoning in granting or denying a motion to seal; court must weigh applicant's interest in sealing record against the public's interest in being able to review; court must consider whether rehabilitation has been attained to satisfaction of the court; applicant bears the burden of demonstrating a greater interest in sealing.EklundTrumbull 2/13/2023 2/13/2023 2023-Ohio-411
State v. Elliott 2021-T-0045CRIMINAL - consecutive sentences; R.C. 2929.14(C)(4); failure to incorporate findings into the sentencing entry; remand to issue nunc pro tunc entry.LynchTrumbull 2/13/2023 2/13/2023 2023-Ohio-412