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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Dailey v. Miller
| 2021-G-0032 | CIVIL - motion to vacate; default judgment; foreclosure; Civ.R. 60(B); excusable neglect; evidence of prior criminal convictions; motion to strike; Civ.R. 12(F); ripeness; Evid.R. 609; common law motion to vacate a void judgment; lack of reasoning. | Trapp | Geauga |
6/30/2022
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6/30/2022
| 2022-Ohio-2280 |
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State ex rel. Ames v. Geauga Cty. Bd. of Revision
| 2021-G-0039 | CIVIL - summary judgment; Open Meetings Act; R.C. 121.22; quorum; board of revision; hearing boards; deputies; R.C. 5715.02; R.C. 3.06(A). | Trapp | Geauga |
6/30/2022
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6/30/2022
| 2022-Ohio-2281 |
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State v. Heald
| 2021-L-111 & 2021-L-112 | CRIMINAL - assault; R.C. 2903.13(A); bench trial; hearsay; Evid.R. 801(D)(2)(a); weight and sufficiency of the evidence; defense of another; non-deadly force; ineffective assistance of counsel | Lynch | Lake |
6/30/2022
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6/30/2022
| 2022-Ohio-2282 |
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State v. Swift
| 2022-A-0005 | CRIMINAL - Endangering Children; Domestic Violence; subject-matter jurisdiction; juvenile court; exclusive jurisdiction; void; ineffective assistance of counsel; bad acts; bench trial; presumed to consider relevant, admissible evidence; prejudice; Crim.R. 29; "proper and reasonable discipline" | Lynch | Ashtabula |
6/30/2022
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6/30/2022
| 2022-Ohio-2283 |
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Ostanek v. Ostanek
| 2019-L-140 | CIV.R. 60 - motion to vacate; qualified domestic relations order; court order acceptable for processing; retirement benefits; survivor annuity; coverture method; marital portion; federal employees retirement system; office of personnel management; federal regulations; proposed order; modification of divorce decree; notice and opportunity to be heard; lack of service; Civ.R. 5; Civ.R. 58(B); Civ.R. 60(B)(5); meritorious claim or defense; reasonable time. | Wright | Lake |
6/27/2022
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6/27/2022
| 2022-Ohio-2197 |
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State v. Lusane
| 2021-P-0110 | CRIMINAL LAW - Crim.R. 57; Crim.R. 60(B); motion for relief from judgment; reasonable time. | Wright | Portage |
6/27/2022
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6/27/2022
| 2022-Ohio-2198 |
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State v. Casey
| 2021-T-0029 | CRIMINAL LAW - improperly discharging a firearm into a habitation; jury instructions; self-defense; castle doctrine; residence; dwelling; ineffective assistance of counsel; PTSD. | Wright | Trumbull |
6/27/2022
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6/27/2022
| 2022-Ohio-2199 |
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State v. Craig
| 2021-L-023 | CRIMINAL LAW - blackout is more than a loss of remembrance; affirmative defense; ineffective assistance of counsel; jury instruction; consecutive sentences; the rules of evidence are inapplicable to sentencing hearings; GetGo manager's testimony regarding the costs to repair and replace gas pump was inadmissible hearsay; harmless error; affirmed. | Rice | Lake |
6/27/2022
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6/27/2022
| 2022-Ohio-2200 |
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State ex rel. Internatl. Assn. of Fire Fighters v. Barbish
| 2021-L-103 | CIVIL - declaratory judgment; writ of mandamus; civil service commission; collective bargaining agreement; fire fighter; fire chief; retire; rehire; vacancy; permanent absence; R.C. 124.50; summary judgment; standing | Lynch | Lake |
6/27/2022
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6/27/2022
| 2022-Ohio-2201 |
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Howard v. Go Ahead Vacations, Inc.
| 2021-T-0041 | CIVIL - forum selection clause; noncommercial contract; consumer; "less readily enforceable"; overreaching; public policy; unreasonable forum; inconvenient forum; de novo | Lynch | Trumbull |
6/27/2022
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6/27/2022
| 2022-Ohio-2202 |
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State v. Fambro
| 2021-T-0042 | CRIMINAL - suspension, waiver, and modification of court costs; R.C. 2947.23(C) | Lynch | Trumbull |
6/27/2022
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6/27/2022
| 2022-Ohio-2203 |
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State v. Pishner
| 2021-P-0063 | CRIMINAL LAW - post-sentence motion to withdraw plea; Crim.R. 32.1; manifest injustice. POSTCONVICTION RELIEF - untimely petition; R.C. 2953.21; R.C. 2953.23; guilty plea. | Wright | Portage |
6/21/2022
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6/21/2022
| 2022-Ohio-2099 |
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State v. Wright
| 2021-A-0029 | CRIMINAL LAW - community control violation; cut off electronic-monitoring device; capias warrant; Anders brief; no error in sentencing; no prejudicial statement by prosecutor; revocation process; full compliance; sufficient, credible evidence of violation; motion to withdraw granted. | Rice | Ashtabula |
6/21/2022
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6/21/2022
| 2022-Ohio-2100 |
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Conneaut v. Babcock
| 2021-A-0045 | CRIMINAL LAW - violation of ordinance; speedy trial; several waivers; tolling periods; no days chargeable to state; constitutionality of ordinance; discharging either a rifle or a pellet gun; air gun; firearm; common meaning; on notice; no due process violation; no one-subject rule violation; not unconstitutionally vague; no violation of statutory procedures; no obvious irregularities. | Rice | Ashtabula |
6/21/2022
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6/21/2022
| 2022-Ohio-2101 |
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In re J.P.
| 2021-L-104 | JUVENILE LAW - serious youth offender, trial court lacked statutory authority to impose adult portion of sentence, failed to meet requirements of R.C. 2152.14(E)(1)(b), juvenile was neither admitted to detention facility nor had pending criminal charges, sentence vacated; consecutive sentences moot. | Trapp | Lake |
6/21/2022
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6/21/2022
| 2022-Ohio-2102 |
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State v. Montalbine
| 2021-L-114 | CRIMINAL LAW - jail-time credit; involuntarily served sentence; preserved right to appeal; appeal moot as sentence was served before appeal was heard and sentence and not conviction was appealed; sentence imposed within statutory range; dismissed as moot. | Rice | Lake |
6/21/2022
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6/21/2022
| 2022-Ohio-2103 |
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State v. Wilmington
| 2022-P-0027 | APPELLATE REVIEW - App.R. 4(A)(1); remedy under App.R. 5(A) to file untimely criminal appeal. | Wright | Portage |
6/21/2022
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6/21/2022
| 2022-Ohio-2104 |
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State v. Hetrick
| 2021-G-0022 | CRIMINAL LAW - application to seal record of conviction; OVI conviction statutorily exempt from sealing; when one conviction is exempt from sealing under R.C. 2953.36, none of the convictions under the same case number may be sealed, except as otherwise provided in R.C. 2953.61; State v. Futtrall, 123 Ohio St.3d 498. | Wright | Geauga |
6/13/2022
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6/13/2022
| 2022-Ohio-1993 |
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State v. James
| 2021-P-0020 | CRIMINAL - restitution; civil judgment; sentencing entry; R.C. 2929.18(A)(1). | Wright | Portage |
6/13/2022
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6/13/2022
| 2022-Ohio-1994 |
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Forsythe Fin., L.L.C. v. Austin
| 2021-P-0090 | OTHER CIVIL RULES - summary judgment; failure to timely respond to requests for admissions; unsigned, unsworn, and unserved answers to interrogatories; Civ.R. 33; Civ.R. 36; Civ.R. 56. | Wright | Portage |
6/13/2022
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6/13/2022
| 2022-Ohio-1996 |
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Yeager v. Arconic Inc.
| 2021-T-0052 | WORKERS' COMPENSATION - summary judgment; COVID-19; common illness to which the general public is exposed; not a compensable occupational disease. | Wright | Trumbull |
6/13/2022
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6/13/2022
| 2022-Ohio-1997 |
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Shamrock v. Cobra Resources, L.L.C.
| 2020-T-0075, 2020-T-0076 | CIVIL - motion to amend pleadings; Civ.R. 15; summary judgment; mortgage; after-acquired property; mineral estate; sheriff's deed; merger doctrine; undue influence; unconscionability; affirmative defense; waiver; privity; essential element; sua sponte; unraised issue; damages; attorney fees; American Rule; warranty of title; covenant of quiet enjoyment; compensatory damages; settlement agreement. | Trapp | Trumbull |
6/13/2022
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6/13/2022
| 2022-Ohio-1998 |
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State v. Berrios
| 2022-A-0043 | APPELLATE REVIEW - Denial of a criminal defendant's pretrial motion to suppress prior to the conclusion of the trial is not a final appealable order. | Eklund | Ashtabula |
6/13/2022
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6/13/2022
| 2022-Ohio-1999 |
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State v. Collica
| 2022-P-0026 | APPELLATE REVIEW - App.R. 4(A)(1); untimely appeal; remedy under App.R. 5(A) to file untimely criminal appeal. | Rice | Portage |
6/13/2022
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6/13/2022
| 2022-Ohio-2000 |
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State v. Gunther
| 2022-T-0038 | APPELLATE REVIEW - App.R. 5(A); motion for leave to file a delayed appeal; appeal untimely filed by over 14 years; even if not advised of appellate rights, appellant still obligated to take proper steps to protect his rights within a reasonable time. | Lynch | Trumbull |
6/13/2022
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6/13/2022
| 2022-Ohio-2001 |
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Westerfield v. Bracy
| 2022-T-0012 | EXTRAORDINARY WRITS - habeas corpus; Civ.R. 12(B)(6); failure to state a claim upon which relief can be granted; other adequate remedy at law precludes the matter from being addressed via habeas corpus relief; petitioner failed to raised issue on direct appeal. | Per Curiam | Trumbull |
6/6/2022
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6/6/2022
| 2022-Ohio-1904 |
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Ames v. Portage Cty. Budget Comm.
| 2021-P-0074 | CIVIL - Open Meetings Act; R.C. 121.22(F); establishment of a rule; special meetings; notice; county budget commission; R.C. 5705.27; summary judgment; particularity; erroneous reasoning; terms of injunction; invited or harmless error. | Trapp | Portage |
6/6/2022
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6/6/2022
| 2022-Ohio-1905 |
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State v. Trimble
| 2022-P-0004 | CIVIL - successive petition for postconviction relief; R.C. 2953.23; death penalty; facial constitutional challenge; as applied constitutional challenge; Sixth and Fourteenth Amendments; right to jury trial. | Trapp | Portage |
6/6/2022
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6/6/2022
| 2022-Ohio-1906 |
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Ruckman v. Smith
| 2021-T-0036 | CIVIL - Summary Judgment; Civ.R. 56(C); political subdivision immunity; R.C. 2744.02(C); denial of political subdivision immunity is a final appealable order; R.C. 2744.02(B)(3); Road "in repair" exception to immunity; threshold question was not whether the road was safe or unsafe, but whether the road was "in repair" under statute; the placement of an incorrect, but discretionary traffic control device will not strip immunity. | Eklund | Trumbull |
5/31/2022
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5/31/2022
| 2022-Ohio-1813 |
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State v. Byas
| 2021-L-064 | CRIMINAL LAW - ineffective assistance of counsel, plea, Crim. R. 11 colloquy ensured plea was voluntary, need more than bare allegations, allegations not based on evidence in record improper in a direct appeal and should be raised in a petition for postconviction relief; consecutive sentences, trial court made appropriate findings pursuant to R.C. 2929.14(C)(4) at sentencing hearing and in the sentencing judgment entry. | Trapp | Lake |
5/31/2022
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5/31/2022
| 2022-Ohio-1814 |
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State v. Wright
| 2021-L-107, 2021-L-108 | CRIMINAL LAW - OVI; obstructing official business; jury trial; sufficiency of the evidence; impaired driving ability; affirmative act; manifest weight of the evidence; credibility; misdemeanor sentencing; Fifth Amendment; right to remain silent; appropriateness of community control; R.C. 2929.22(C); clerical mistakes; Crim.R. 36; nunc pro tunc. | Trapp | Lake |
5/31/2022
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5/31/2022
| 2022-Ohio-1815 |
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Acuity, Mut. Ins. Co. v. Progressive Specialty Ins. Co.
| 2021-P-0001 | CIVIL LAW - declaratory judgment; summary judgment reversed; competing insurance policies, escape clause is negated, two excess clauses result in both covering loss according to proration method. | Trapp | Portage |
5/31/2022
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5/31/2022
| 2022-Ohio-1816 |
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State ex rel. US Bank Trust, Natl. Assn. v. Trumbull Cty., Bd. of Commrs.
| 2021-T-0023 | ORIGINAL ACTION - mandamus; Civ.R. 12(B)(6); tax foreclosure; delinquent lands; taking; land bank; appropriation proceedings; security interest; standing; plain and adequate remedy in the ordinary course of law; direct appeal | Per Curiam | Trumbull |
5/31/2022
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5/31/2022
| 2022-Ohio-1817 |
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State v. Warfield
| 2021-T-0050 | CRIMINAL LAW - community control revocation; due process; plain error; written notice of claimed violation; preparation of defense; judicial notice; prejudice. | Trapp | Trumbull |
5/31/2022
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5/31/2022
| 2022-Ohio-1818 |
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State v. Thames
| 2021-L-094, 2021-L-095, 2021-L-096, 2021-L-097, 2021-L-098, 2021-L-099 | CRIMINAL - Cruelty against companion animals; R.C. 2951.02(A); random probationary searches; R.C. 2929.28(A)(3); reimbursement is the proper financial sanction to a humane society for the care of animals; restitution hearing not required for when reimbursement is ordered; ability to pay a financial sanction; permanent bar from owning or caring for a companion animal. | Eklund | Lake |
5/23/2022
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5/23/2022
| 2022-Ohio-1715 |
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State v. Farhat
| 2021-P-0111 | CRIMINAL - SENTENCING; right of allocution; Crim.R. 32(A)(1). | Eklund | Portage |
5/23/2022
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5/23/2022
| 2022-Ohio-1716 |
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State ex rel. Allenbaugh v. Sezon
| 2022-A-0002 | EXTRAORDINARY WRITS - prohibition; patent and unambiguous lack of jurisdiction; forcible entry and detainer; divesting of jurisdiction; jurisdiction to enforce judgment; stay of execution of judgment; dismissed appeal. | Per Curiam | Ashtabula |
5/23/2022
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5/23/2022
| 2022-Ohio-1718 |
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Echols v. Echols
| 2021-G-0040 | CIVIL - appointment of receiver; R.C. 2735.01; final order; further action contemplated; extraordinary remedy; continuance; party or person interested in the action; R.C. 2735.02; implied consent; conflict of interest; attorney may not serve as witness | Lynch | Geauga |
5/23/2022
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5/23/2022
| 2022-Ohio-1719 |
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Ruiz v. Musa
| 2021-L-088 | DOMESTIC RELATIONS - shared parenting; due process; presentation of evidence and witnesses; Zoom hearing; GAL report; hearsay | Lynch | Lake |
5/23/2022
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5/23/2022
| 2022-Ohio-1720 |
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Mantua Twp. Bd. of Trustees v. Kukral
| 2021-P-0093 | CIVIL - magistrate's decision; township zoning violations; civil action for injunctive relief; R.C. 519.24; fines; R.C. 519.99; anticipatory contempt; cross-appeal; App.R. 3(C)(1). | Trapp | Portage |
5/23/2022
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5/23/2022
| 2022-Ohio-1721 |
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Butorac v. Osmic
| 2022-L-010 | APPELLATE REVIEW - Trial court judgment can only be immediately reviewed by an appellate court if it constitutes a final order; R.C. 2505.02(B); deferring damages for a later determination is not a final appealable order. | Rice | Lake |
5/23/2022
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5/23/2022
| 2022-Ohio-1722 |
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Amato v. Brady
| 2022-L-015 | APPELLATE REVIEW - App.R. 4(A); thirty-day rule; Civ.R. 58(B); untimely appeal. | Wright | Lake |
5/23/2022
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5/23/2022
| 2022-Ohio-1723 |
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State v. Powell
| 2022-T-0040 & 2022-T-0041 | APPELLATE REVIEW: App.R. 4(A); untimely appeal; App.R. 5(A); motion for delayed appeal; notice of appeal must be filed concurrently with the filing of a motion for delayed appeal. | Trapp | Trumbull |
5/23/2022
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5/23/2022
| 2022-Ohio-1724 |
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Molzon v. Molzon
| 2021-A-0024 | CHILD CUSTODY - motion to terminate shared parenting; best interest of the children; requirement magistrate explicitly state factors pursuant to R.C. 3109.04(F); termination of child support remanded because no child support worksheet and financial information were submitted. | Trapp | Ashtabula |
5/16/2022
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5/16/2022
| 2022-Ohio-1634 |
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State v. White
| 2021-L-106 | CRIMINAL LAW - bench trial; conviction; formal demand for jury trial; no objection to proceeding to bench trial is not waiver; silent acquiescence is not a waiver; no written waiver; prejudicial error. | Rice | Lake |
5/16/2022
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5/16/2022
| 2022-Ohio-1635 |
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State v. Vieira
| 2021-L-110 | CRIMINAL - abduction; operating a vehicle under the influence; sentencing factors; clearly and convincingly contrary to law; R.C. 2929.11; and R.C. 2929.12; weighing of factors; judicial fact-finding; household relationship; "any other relevant factors" | Lynch | Lake |
5/16/2022
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5/16/2022
| 2022-Ohio-1636 |
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State v. Dudas
| 2021-L-115 & 2021-L-116 | CRIMINAL LAW - Jus Necessitatis; court did not err in striking appellant's repetitious motion for postconviction relief pursuant to its prior order; motion was otherwise barred by res judicata; right to counsel attaches only when adversarial proceedings are initiated against an individual for a particular incident; Sixth Amendment right to counsel is offense specific; affirmed. | Rice | Lake |
5/16/2022
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5/16/2022
| 2022-Ohio-1637 |
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State v. Talley
| 2021-T-0044 | CRIMINAL - felony sentencing; consecutive sentences; proportionality; R.C. 2929.14(C)(4) | Lynch | Trumbull |
5/16/2022
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5/16/2022
| 2022-Ohio-1638 |
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In re A.W.
| 2021-A-0026 | JUVENILE - CUSTODY - abused child; dispositional hearing; R.C. 2151.35(A)(1); Juv.R. 2(B); Juv.R. 3(M); evidence at dispositional hearing revealed appellant-mother, father, or grandmother were only three possible parties responsible for injury to child; court order case plan required appellant to cooperate with police investigation into child's injuries; Fifth Amendment right against self-incrimination is a personal right; trial court's case plan requirement has not terminated or limited parental rights based on unwillingness to admit wrongdoing; mere decision to not cooperate with investigation did not automatically implicate the Fifth Amendment right against self-incrimination; appellant may still invoke right against self-incrimination if she chooses to cooperate with investigation to complete case plan requirements; advisory opinions not appropriate. | Eklund | Ashtabula |
5/9/2022
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5/9/2022
| 2022-Ohio-1553 |
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State v. Gambino
| 2021-T-0018 | CRIMINAL - Self-Defense; Jury instruction; instruction must be given if a correct statement, applicable to facts of the case, and if reasonable minds might reach the conclusion sought by requested instruction; defendant required to meet burden of production for prima facie case of self-defense; instruction not required where defendant failed to put forth sufficient evidence to meet burden of production; instruction not required when evidence showed defendant was at fault for creating situation giving rise to affray; manifest weight of the evidence; merger of offenses; merger of felonious assault and aggravated robbery not required when separate harms result from offenses; merger of felonious assault and aggravated robbery not required when level of violence far in excess of that necessary to commit aggravated robbery. | Eklund | Trumbull |
5/9/2022
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5/9/2022
| 2022-Ohio-1554 |
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