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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Dahlberg
| 2022-A-0063 | CRIMINAL - 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. | Eklund | Ashtabula |
3/27/2023
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3/27/2023
| 2023-Ohio-987 |
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State v. Meeks
| 2022-A-0060 | CRIMINAL - Anders; wholly frivolous; guilty plea; voluntary; Crim.R. 11; competence; felony sentencing; indefinite sentence; restitution | Lynch | Ashtabula |
3/27/2023
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3/27/2023
| 2023-Ohio-988 |
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Jones v. Jones
| 2022-G-0032 | CIVIL- 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) | Lynch | Geauga |
3/27/2023
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3/27/2023
| 2023-Ohio-989 |
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State v. Johnson
| 2022-L-067 & 2022-L-068 | CRIMINAL - Reagan Tokes; indefinite sentence; separation of powers; right to fair hearing; due process; constitutional | Lynch | Lake |
3/27/2023
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3/27/2023
| 2023-Ohio-990 |
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Kubala v. Smith
| 2022-T-0094 | CIVIL - 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. | Lucci | Trumbull |
3/27/2023
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3/27/2023
| 2023-Ohio-991 |
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Mickens v. Berry Global, Inc.
| 2022-P-0066 | APPELLATE REVIEW - failure to comply with local and appellate rules; appeal dismissed. | Trapp | Portage |
3/20/2023
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3/20/2023
| 2023-Ohio-885 |
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State v. Gordon
| 2022-P-0024 | CRIMINAL 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. | Lucci | Portage |
3/20/2023
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3/20/2023
| 2023-Ohio-887 |
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State v. Talley
| 2021-T-0044 | CRIMINAL LAW - reopened appeal; App.R. 26(B); ineffective assistance of appellate counsel; consecutive sentence findings; joint agreement as to sentence. | Trapp | Trumbull |
3/20/2023
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3/20/2023
| 2023-Ohio-883 |
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Russell v. McCloud
| 2022-T-0017 & 2022-T-0048 | CIVIL 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. | Trapp | Trumbull |
3/20/2023
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3/20/2023
| 2023-Ohio-886 |
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State ex rel. Spivey v. Lauger
| 2022-A-0018 | EXTRAORDINARY 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 Curiam | Ashtabula |
3/20/2023
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3/20/2023
| 2023-Ohio-888 |
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Redding v. United States Parachute Assn., Inc.
| 2022-G-0024 | CIVIL - 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. | Brogan | Geauga |
3/20/2023
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3/20/2023
| 2023-Ohio-884 |
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State v. Cabrera
| 2022-A-0083, 2022-A-0084, 2022-A-0085 & 2022-A-0086 | CRIMINAL LAW - domestic violence; R.C. 2919.25(A); sufficiency of the evidence; manifest weight of the evidence; knowingly; R.C. 2901.22(B). | Lucci | Ashtabula |
3/13/2023
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3/13/2023
| 2023-Ohio-770 |
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State v. Caroline's Kids Pet Rescue
| 2022-L-024, 2022-L-025, 2022-L-026, 2022-L-027, 2022-L-028 & 2022-L-029 | CRIMINAL 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. | Lucci | Lake |
3/13/2023
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3/13/2023
| 2023-Ohio-761 |
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State v. Jackson
| 2022-L-053 | CRIMINAL - 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. | Eklund | Lake |
3/13/2023
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3/13/2023
| 2023-Ohio-762 |
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Moyer v. Robinson
| 2022-L-043 | CIVIL - civil stalking protection order; R.C. 2903.214; Civ.R. 65.1; objections; plain error; failure to order transcript; factual findings. | Trapp | Lake |
3/13/2023
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3/13/2023
| 2023-Ohio-764 |
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State v. Oscar
| 2023-L-015 | APPELLATE REVIEW - App.R. 4(A)(1); untimely criminal appeal; has not sought leave to appeal under App.R. 5(A); appeal dismissed. | Trapp | Lake |
3/13/2023
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3/13/2023
| 2023-Ohio-768 |
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State v. Oscar
| 2023-L-016, 2023-L-017, 2023-L-026 | APPELLATE REVIEW - App.R. 4(A)(1); untimely criminal appeals; has not sought leave to appeal under App.R. 5(A); appeals dismissed. | Lynch | Lake |
3/13/2023
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3/13/2023
| 2023-Ohio-769 |
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State v. Tornstrom
| 2022-P-0025 | CRIMINAL - 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. | Eklund | Portage |
3/13/2023
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3/13/2023
| 2023-Ohio-763 |
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State v. Reddick
| 2022-P-0039 | CRIMINAL - involuntary manslaughter, state did not violate plea bargain, abided by terms of plea agreement by not recommending term of years. | Trapp | Portage |
3/13/2023
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3/13/2023
| 2023-Ohio-765 |
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State v. Lusane
| 2022-P-0040 | CRIMINAL - motion for new trial; sufficiency of the evidence; res judicata | Lynch | Portage |
3/13/2023
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3/13/2023
| 2023-Ohio-766 |
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Fonderlin v. Trumbull Family Fitness
| 2022-T-0082 | CIVIL - 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. | Trapp | Trumbull |
3/13/2023
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3/13/2023
| 2023-Ohio-767 |
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State v. Sayers
| 2022-T-0059, 2022-T-0064, 2022-T-0065 & 2022-T-0066 | CRIMINAL - probation violation; community control; tolling; absconded; probation violation proceedings instituted prior to expiration of probation period | Lynch | Trumbull |
3/6/2023
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3/6/2023
| 2023-Ohio-672 |
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State v. Tillis
| 2022-T-0072 | CRIMINAL - 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 error | Lynch | Trumbull |
3/6/2023
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3/6/2023
| 2023-Ohio-673 |
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Warren v. Postlethwait
| 2022-T-0077 | CRIMINAL 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. | Trapp | Trumbull |
3/6/2023
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3/6/2023
| 2023-Ohio-674 |
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Wordlow v. Davis, Warden
| 2022-T-0121 | EXTRAORDINARY 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 Curiam | Trumbull |
3/6/2023
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3/6/2023
| 2023-Ohio-675 |
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State v. Beasley
| 2022-L-040 | CRIMINAL - 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. | Eklund | Lake |
3/6/2023
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3/6/2023
| 2023-Ohio-670 |
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In re A.M.
| 2022-A-0090 & 2022-A-0091 | JUVENILE - motion for permanent custody; termination of parental rights; best interest of children; reasonable reunification efforts; clear and convincing evidence. | Trapp | Ashtabula |
2/28/2023
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3/6/2023
| 2023-Ohio-671 |
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State v. Stroud
| 2022-A-0032, 2022-A-0033, 2022-A-0034 | CRIMINAL 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. | Trapp | Ashtabula |
2/27/2023
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2/27/2023
| 2023-Ohio-569 |
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DiVincenzo v. DiVincenzo
| 2022-L-052 | CIVIL 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. | Trapp | Lake |
2/27/2023
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2/27/2023
| 2023-Ohio-570 |
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In re Estate of Crain
| 2022-T-0053 | CIVIL - 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. | Trapp | Trumbull |
2/27/2023
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2/27/2023
| 2023-Ohio-571 |
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Gombash v. Westbrook
| 2022-T-0070 | CIVIL - child custody; best interest factors; R.C. 3109.04; abuse of discretion; substantial credible and competent evidence. | Trapp | Trumbull |
2/27/2023
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2/27/2023
| 2023-Ohio-572 |
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State v. Wilmington
| 2022-P-0048 | CRIMINAL 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. | Trapp | Portage |
2/21/2023
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2/21/2023
| 2023-Ohio-512 |
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State v. Rivkind
| 2023-P-0004 | APPELLATE 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. | Lucci | Portage |
2/21/2023
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2/21/2023
| 2023-Ohio-514 |
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Frangioudakis v. Floran
| 2022-L-083 | CIVIL - 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. | Eklund | Lake |
2/21/2023
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2/21/2023
| 2023-Ohio-507 |
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May v. Jarosz
| 2022-L-063 | CIVIL - 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. | Trapp | Lake |
2/21/2023
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2/21/2023
| 2023-Ohio-511 |
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State v. Davis
| 2023-L-009 & 2023-L-010 | APPELLATE REVIEW - Crim.R. 5(B)(4)(a) and (5); bind-over order is precluded by the Ohio Criminal Rules; appeals dismissed. | Lucci | Lake |
2/21/2023
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2/21/2023
| 2023-Ohio-513 |
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Conneaut v. Emus
| 2022-A-0021, 2022-A-0023, 2022-A-0025 & 2022-A-0027 | CRIMINAL 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. | Trapp | Ashtabula |
2/21/2023
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2/21/2023
| 2023-Ohio-508 |
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Estate of Truesdell v. CBC Constr., Inc.
| 2022-A-0087 | APPELLATE REVIEW - lack of a final appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delay. | Lynch | Ashtabula |
2/21/2023
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2/21/2023
| 2023-Ohio-515 |
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In re J.B.
| 2023-G-0001 | APPELLATE 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. | Eklund | Geauga |
2/21/2023
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2/21/2023
| 2023-Ohio-509 |
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State ex rel. Ames v. Ondrey
| 2022-G-0044 | EXTRAORDINARY 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 Curiam | Geauga |
2/21/2023
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2/21/2023
| 2023-Ohio-510 |
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Homestead Interiors, Inc. v. Hines
| 2022-G-0053 | APPELLATE - notice of appeal; tolling; findings of fact and conclusions of law; App.R. 4(B)(2)(d); final order; pending motions | Lynch | Geauga |
2/13/2023
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2/13/2023
| 2023-Ohio-413 |
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State v. Obhof
| 2021-A-0021 | CRIMINAL - 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. | Eklund | Ashtabula |
2/13/2023
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2/13/2023
| 2023-Ohio-408 |
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State v. Hughell
| 2023-A-0003 | APPELLATE REVIEW - App.R. 4(A)(1); untimely appeal; lack of jurisdiction. | Trapp | Ashtabula |
2/13/2023
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2/13/2023
| 2023-Ohio-417 |
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State v. Wilson
| 2022-L-044 | CRIMINAL - Ineffective assistance of counsel; motion to suppress; failure to raise an issue on a motion to suppress constitutes a complete waiver; reasonable suspicion. | Eklund | Lake |
2/13/2023
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2/13/2023
| 2023-Ohio-409 |
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State v. Hackathorn
| 2022-L-064 | CRIMINAL - 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. | Eklund | Lake |
2/13/2023
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2/13/2023
| 2023-Ohio-410 |
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Hager v. Swickheimer
| 2022-L-069 | CIVIL - cognovit note; relief from judgment; Civ.R. 60(B); meritorious defense; demand for payment; lack of supporting affidavit; calculation of interest | Lynch | Lake |
2/13/2023
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2/13/2023
| 2023-Ohio-414 |
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State v. Hamilton
| 2022-L-074 | CRIMINAL - motion to vacate void judgment; subject-matter jurisdiction; personal jurisdiction; postconviction relief | Lynch | Lake |
2/13/2023
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2/13/2023
| 2023-Ohio-415 |
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State ex rel. Duncan v. Mentor
| 2022-L-106 | ORIGINAL ACTION - mandamus; motion to dismiss; original jurisdiction; Ohio Const. Art. IV, Sec. 3; takings/appropriations; failure to exhaust administrative remedies | Per Curiam | Lake |
2/13/2023
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2/13/2023
| 2023-Ohio-416 |
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State v. Brown
| 2022-T-0078 | CIVIL - 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. | Eklund | Trumbull |
2/13/2023
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2/13/2023
| 2023-Ohio-411 |
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State v. Elliott
| 2021-T-0045 | CRIMINAL - consecutive sentences; R.C. 2929.14(C)(4); failure to incorporate findings into the sentencing entry; remand to issue nunc pro tunc entry. | Lynch | Trumbull |
2/13/2023
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2/13/2023
| 2023-Ohio-412 |
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