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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Wilson v. Wilson CA2023-01-009Trial court's issuance of the domestic violence civil protection order in accordance with R.C. 3113.31(A)(1)(a)(i) and (ii) was not against the manifest weight of the evidence in light of the former wife's uncontroverted testimony. Trial court did not abuse its discretion by imposing two firearm restrictions for the duration of the protection order.M. PowellButler 11/27/2023 11/27/2023 2023-Ohio-4243
In re J.F. CA2023-06-065The juvenile court did not err in granting permanent custody of the children to the children services agency where the children had been in the temporary custody of the agency for more than 12 months of a consecutive 22-month period and the award of permanent custody to the agency was in the children's best interest. Although mother presented some favorable testimony from her psychiatrist and therapist, it was outweighed by overwhelming evidence that she has severe and ongoing mental health issues.ByrneButler 11/27/2023 11/27/2023 2023-Ohio-4244
In re I.A.M. CA2023-02-016Father appealed a decision of the Warren County Juvenile court ordering him to pay child support, but appellate court did not have jurisdiction to consider appeal where the decision appealed was not a final appealable order because the trial court had not ruled on objections to the magistrate's decision.PiperWarren 11/27/2023 11/27/2023 2023-Ohio-4245
State v. Speaks CA2022-11-104Defendant appeals felonious assault conviction. Defendant's background in mixed-martial arts fighting ("MMA") introduced into evidence. Trial court did not commit legal error in admitting MMA evidence, which was not prejudicial and relevant to issues. Manifest weight of the evidence. Jurors did not lose their way by rejecting defendant's self-defense claim. Defendant told multiple inconsistent versions of events and was not credible.ByrneButler 11/20/2023 11/20/2023 2023-Ohio-4170
State v. Wing CA2023-03-022Appellant's convictions for assault and aggravated menacing were supported by sufficient evidence and the manifest weight of the evidence where victim's testimony, photographic evidence, and a 9-1-1 audio recording established that defendant had scratched victim's arm and threatened to harm victim and victim's father. Appellant was not denied effective assistance of counsel when trial counsel failed to subpoena a witness for a preliminary hearing because the associated felony was ultimately no-billed by the grand jury, and appellant did not suffer prejudice when trial counsel failed to allege a defect in the complaint and indictment.M. PowellButler 11/20/2023 11/20/2023 2023-Ohio-4171
In re A.K.-R.M. CA2023-06-067Juvenile court did not err in granting permanent custody of child to children services agency where, although grandmother indicated she wanted custody of the child, she failed to consistently follow through with plan to transition custody, allowed Father to visit in violation of court orders and failed to file a motion for legal custody.M. PowellButler 11/20/2023 11/20/2023 2023-Ohio-4172
State v. Edwards CA2023-03-013Trial counsel was not ineffective by failing to challenge the competency of defendant, a man with a long history of mental illness, request a competency and NGRI evaluations, and enter a NGRI plea on defendant's behalf. Defendant's guilty plea was knowingly, intelligently, and voluntarily made.M. PowellClermont 11/20/2023 11/20/2023 2023-Ohio-4173
In re J.L.C. CA2022-05-046Opinion testimony from a lay witness that is not offered as expert testimony or considered by the court as expert testimony is not inadmissible solely because the witness was not qualified as an expert to testify about the matter. A court need not permit testimony from rebuttal witnesses where the court considered the proffered rebuttal testimony and the testimony does not offer rebuttal on a pertinent matter. A court need not order a retroactive increase in a child-support obligation where there is no evidentiary support for the increase. A court may, in its discretion, determine that certain witnesses are more credible than others. Merely because a court chose to rely on those witnesses that it has deemed credible does not mean that the court has lost its way in resolving conflicts in the evidence.ByrneButler 11/13/2023 11/13/2023 2023-Ohio-4081
In re H.G. CA2023-06-069The juvenile court did not err in granting permanent custody of the children to the children services agency where the children had been in the temporary custody of the agency for more than 12 months of a consecutive 22-month period and the award of permanent custody to the agency was in the children's best interest.HendricksonButler 11/13/2023 11/13/2023 2023-Ohio-4082
In re W.P. CA2023-04-008Trial court did not abuse its discretion in granting custody of children to their grandmother where the children successfully assimilated to life with grandmother and where mother, despite progress with her case plan, continued to exhibit the mental health issues that led to child abuse and loss of custody.M. PowellFayette 11/13/2023 11/13/2023 2023-Ohio-4083
Schmaltz v. DK Hardware Supply CA2023-03-006The trial court did not err in sua sponte dismissing appellant's small claim complaint for breach of contract pursuant to Civ.R. 12(B)(6) as it was obvious appellant could not prevail on the facts alleged in his complaint. Appellant admitted that he had requested a refund from appellee for a backordered item and that appellee had refunded the purchase by means of the original form of payment.HendricksonMadison 11/13/2023 11/13/2023 2023-Ohio-4084
State v. McIntosh CA2022-04-040Defendant appeals from sentence after trial court revoked community control. Reagan Tokes Law notifications were not required in sentencing entry. Court had no obligation to consider insanity before revoking community control. Counsel was not ineffective for failing to challenge revocation based on speculative argument.ByrneButler 11/6/2023 11/6/2023 2023-Ohio-4022
Wulco, Inc. v. O'Gara Group, Inc. CA2023-03-033; CA2023-03-034An earlier-in-time, perfected security interest in funds garnished from a bank account renders garnishment of the funds improper and is a valid defense to garnishment. A security interest in a bank account is perfected when the secured party takes control of the bank account under a proper control agreement. A clerk of courts does not become a "transferee of funds" under R.C. 1309.322(B) when funds garnished from a bank account are paid to the clerk under a garnishment order and notice. This conditional and contingent arrangement is not the type of transfer contemplated by the statute.S. PowellButler 11/6/2023 11/6/2023 2023-Ohio-4023
State v. Kettles CA2023-03-005Appellant's convictions for rape were supported by sufficient evidence and were not against the manifest weight of the evidence.PiperFayette 11/6/2023 11/6/2023 2023-Ohio-4024
In re T.L.C. CA2023-03-031 & CA2023-04-034The juvenile court did not err by dismissing a grandmother’s motions seeking legal custody of her two grandchildren as moot where permanent custody of the children had since been granted to a children’s service agency and subsequently affirmed on appeal.S. PowellWarren 10/30/2023 10/30/2023 2023-Ohio-3929
State v. Cottrell CA2022-11-014Appellant's conviction for aggravated murder is supported by sufficient evidence where the state presented evidence that, if believed, established that appellant purposely caused the death of the victim, and the unlawful termination of her pregnancy, while committing or attempting to commit kidnapping.PiperFayette 10/30/2023 10/30/2023 2023-Ohio-3932
State v. Ellery CA2023-06-066Anders no error.Per CuriamButler 10/30/2023 10/30/2023 2023-Ohio-3934
State v. O'Hanlon CA2023-04-040Anders no error.Per CuriamWarren 10/23/2023 10/23/2023 2023-Ohio-3824
In re P.M.S. CA2022-05-036"Force" for purposes of rape includes any physical compulsion or constraint against a person. The element of force can be proven with the victim’s testimony that appellant physically constrained the victim.ByrneWarren 10/23/2023 10/23/2023 2023-Ohio-3825
In re J.E. CA2023-08-013The juvenile court's decision granting permanent custody of appellant's son to a children's services agency was supported by sufficient evidence and not against the manifest weight of the evidence where the evidence indicated appellant had abandoned the child after appellant was arrested, convicted of child endangerment, and sentenced to serve 12 months in jail for beating the child with a belt, and where the record indicated that it was in the child's best interest to grant permanent custody to the children's services agency when considering the child was going to counselling and otherwise doing well in his current foster placement.S. PowellFayette 10/23/2023 10/23/2023 2023-Ohio-3827
Hicks v. Union Twp. CA2023-03-014Appellant lacked standing to bring this administrative appeal, as he failed to show that he had unique or distinct harm that "directly affected him." Standing is a jurisdictional prerequisite that cannot be waived. Generalized and speculative concerns are insufficient to establish standing.PiperClermont 10/23/2023 10/23/2023 2023-Ohio-3828
Herold v. Venetis CA2022-05-049Plaintiff, Ohio citizen, appeals dismissal of complaint against nonresident defendants for lack of personal jurisdiction. Dismissal affirmed. Defendants lacked any substantial connection to Ohio. Unilateral activity by the plaintiff was insufficient to establish minimum contacts.ByrneButler 10/23/2023 10/23/2023 2023-Ohio-3829
State v. Freeman CA2023-04-048Appellant's conviction for one count of first-degree misdemeanor assault in violation of R.C. 2903.13(A) following a bench trial was not against the manifest weight of the evidence where, despite minor inconsistencies in their testimony, an independent eyewitness to the assault, as well as the victim of the assault, both testified that appellant struck the victim with a baseball bat causing the victim to suffer physical harm to her person.S. PowellButler 10/16/2023 10/16/2023 2023-Ohio-3745
State v. Roe CA2023-06-068Anders no error.Per CuriamButler 10/16/2023 10/16/2023 2023-Ohio-3746
Waligura v. Waligura CA2022-11-076The trial court did not err in finding wife voluntarily underemployed and imputing an annual income of $56,000 where Wife is qualified to work as a speech language pathologist. The trial court also did not err in classifying money given to the parties by wife’s parents as a gift rather than a loan where there was no evidence of the existence of a loan other than wife’s self-serving testimony. The trial court did not abuse its discretion in establishing the date husband’s divorce complaint was filed as the de facto termination date of the marriage where the parties had already attempted a collaborative process to terminate their marriage, were already living separately, and maintained separate bank accounts.M. PowellClermont 10/16/2023 10/16/2023 2023-Ohio-3747
Wightman v. Darty CA2023-03-003The juvenile court did not abuse its discretion by ordering appellant, the obligee of a child support order, to repay the obligor for overpaid child support after the child was adopted by obligee's spouse.PiperFayette 10/16/2023 10/16/2023 2023-Ohio-3748
State v. Jackson CA2023-03-021The trial court's finding appellant guilty of one count of first-degree felony rape in violation of R.C. 2907.02(A)(1)(c) and one count of third-degree felony sexual battery in violation of R.C. 2907.03(A)(2) following a bench trial was not against the manifest weight of the evidence where both an eyewitness to the rape and the victim of the rape testified as to appellant's conduct prior to, during, and immediately after committing the rape and sexual battery.S. PowellWarren 10/16/2023 10/16/2023 2023-Ohio-3749
State v. Hipsher CA2023-04-033Trial court did not err in denying defendant's motion to suppress evidence found on his person during a search incident to his warrantless misdemeanor arrest for an offense committed days prior.M. PowellWarren 10/16/2023 10/16/2023 2023-Ohio-3750
Todd v. Todd CA2022-12-115 & CA2023-03-024The trial court did not abuse its discretion in determining that Father was voluntarily underemployed. Resolution of this issue was largely a credibility determination and Father was less than forthcoming regarding the circumstances of his termination. Based upon the factual circumstances, the trial court determined that Father was voluntarily underemployed after he lost his better-paying job due to his own actions.PiperButler 10/10/2023 10/10/2023 2023-Ohio-3677
State v. Rhodus CA2023-03-029The trial court did not abuse its discretion in failing to instruct the jury on lesser included offenses where appellant did not request the jury instructions in writing in compliance with Crim.R. 30 and the evidence did not support the requested instructions.M. PowellButler 10/10/2023 10/10/2023 2023-Ohio-3678
Tucker v. Uhl CA2023-05-052The trial court did not err by denying appellant's petition for a civil sexually oriented protection order against appellee where appellant failed to establish that a protection order was necessary to ensure appellant's safety and protection from appellee as there was nothing in the record to indicate another sexual encounter between appellant and appellee was possible given the record in this case, which included evidence to indicate appellant and appellee had agreed to meet for a consensual sexual encounter after exchanging messages over social media for just one hour.S. PowellButler 10/10/2023 10/10/2023 2023-Ohio-3680
State v. Himes CA2023-03-030Trial court did not err by refusing defendant's guilty plea and proceeding with a trial where a sentencing entry had not been journalized. Domestic violence conviction was not against the manifest weight of the evidence where the state proved defendant was at fault in creating the situation giving rise to the altercation.M. PowellButler 10/2/2023 10/2/2023 2023-Ohio-3561
State v. Lumb CA2022-09-050The trial court did not abuse its discretion by denying appellant's motion for relief from a bond forfeiture judgment, despite the court not fully complying with the notice requirements set forth in R.C. 2937.36(C) for forfeiture proceedings. Appellant still received notice of the hearing and attended. The incomplete notice did not provide appellant good cause for the defendant’s nonappearance.HendricksonClermont 10/2/2023 10/2/2023 2023-Ohio-3562
In re Adoption of E.G.C. CA2023-05-011Trial court did not abuse its discretion in determining it was in a child's best interest to grant her Stepfather's petition to adopt her where the evidence established that the father failed to communicate with the child for two years, has not seen the now 10 year-old child since she was four years-old, and the child suffers from a medical condition that makes even small changes to her routine very difficult.M. PowellClinton 10/2/2023 10/2/2023 2023-Ohio-3563
In re N.A. CA2023-04-023The juvenile court did not err by granting permanent custody of a child to a children services agency as such decision was not against the manifest weight of the evidence where the child could not be placed with either parent within a reasonable time or should not be placed with either parent and permanent custody was in the child's best interest.PiperClermont 9/28/2023 9/28/2023 2023-Ohio-3465
State v. Hartness CA2023-06-046Anders no error.Per CuriamWarren 9/25/2023 9/25/2023 2023-Ohio-3400
State v. Harris CA2023-05-043Anders no error.Per CuriamWarren 9/25/2023 9/25/2023 2023-Ohio-3401
Johnson v. Erbeck CA2023-05-038The trial court did not err by granting a dentist's motion to dismiss filed pursuant to Civ.R. 12(B)(6) where appellant did not file the necessary affidavit of merit supporting her dental malpractice claims as required by Civ.R. 10(D)(2)(a).S. PowellWarren 9/25/2023 9/25/2023 2023-Ohio-3402
State v. Babb CA2022-11-027Appellant's misdemeanor conviction for aggravated menacing was supported by sufficient evidence and not against the manifest weight of the evidence where appellant's conduct at a Kroger store caused a 15-year-old employee to fear that he would cause her serious physical harm.HendricksonClinton 9/25/2023 9/25/2023 2023-Ohio-3411
State v. Morris CA2022-11-105Trial court revoked community control and imposed consecutive sentences. Defendant argued sentences were allied offenses but failed to raise issue on direct appeal. Res judicata barred collateral attack on sentence from an appeal of revocation hearing. Appeals court did not find that record clearly and convincingly does not support trial court's consecutive sentence findings under R.C. 2929.14(C)(4). Defendant had extensive criminal history.ByrneButler 9/25/2023 9/25/2023 2023-Ohio-3412
Bobie v. Bobie CA2022-12-119Trial court erred by failing to allocate some of wife's assets and husband's debts in its property division. Trial court erred by retaining jurisdiction to revise the property division in the event husband does not pay the property equalization payment.M. PowellButler 9/18/2023 9/18/2023 2023-Ohio-3293
State v. Dukes CA2023-04-041Anders no error.Per CuriamButler 9/18/2023 9/18/2023 2023-Ohio-3294
State ex rel. Yost v. Combs CA2022-12-090The trial court did not abuse its discretion by granting the state's motion to modify the court's summary judgment entry granting injunctive relief. The need for clarity regarding the local township's access to appellant's illegal dumping sites constituted a significant change in circumstances to justify modifying the entry. The trial court also did not abuse its discretion in construing appellant's "counter claim" as a Civ.R. 60(B) motion for relief from judgment and denying the same, as appellant's claims were untimely and had no merit. Appellant's Brady violation claims were without merit, and Brady did not apply to the civil case under appeal.S. PowellClermont 9/18/2023 9/18/2023 2023-Ohio-3295
In re A.C.F. CA2023-03-022Neither the juvenile court's decision to continue the shared parenting plan entered into by the parents of a 10-year-old, non-verbal, autistic child, nor the juvenile court's decision to retain the child's mother as the child's residential parent for school purposes, were abuses of the juvenile court's discretion given the juvenile court's decisions were supported by the record and were not otherwise arbitrary, unreasonable, or unconscionable when considering the child's relationship with both parents and the child's well-being at the school where the child was currently enrolled.S. PowellWarren 9/18/2023 9/18/2023 2023-Ohio-3296
Suburban Realty, L.P. v. MD Vape & Tobacco, L.L.C. CA2022-04-041Commercial tenant appeals forcible entry and detainer order granting writ of restitution. Landlord alleged tenant violated the lease agreement by selling phone-related services. Prohibition on selling phone-related services was material aspect of the lease agreement. Court properly dismissed untimely filed counterclaim. Forcible entry and detainer statute did not permit the filing of untimely counterclaim.ByrneButler 9/11/2023 9/11/2023 2023-Ohio-3198
State v. Hale CA2023-03-019; CA2023-03-021The trial court did not err in denying appellant's second, successive petition for postconviction relief upon finding the petition was untimely filed given that it was filed nearly two decades after his conviction for first-degree felony rape was affirmed on appeal and where none of the exceptions to untimeliness set forth in R.C. 2953.23(A)(1) applied.S. PowellButler 9/11/2023 9/11/2023 2023-Ohio-3199
State v. Pack CA2022-12-087, CA2022-12-088, CA2-22-12-089Appellant's counsel did not provide ineffective assistance when he elected not to move for a competency or not guilty by reason of insanity evaluation following appellant's violation of his community control as filing such a motion would have been futile where it was intended only as a delay tactic and there was no indicia of incompetency or insanity. The aggregate 54-month sentence imposed on appellant for violation of his community control sanctions was not excessive or contrary to law.HendricksonClermont 9/11/2023 9/11/2023 2023-Ohio-3200
State v. Fulton CA2022-12-031Appellant's convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. A trier of fact may infer guilty knowledge when a defendant's possession of recently stolen property is unexplained or not satisfactorily explained by the surrounding circumstances, as shown by the evidence.PiperClinton 9/11/2023 9/11/2023 2023-Ohio-3201
State v. Bolton CA2023-04-007Anders no error.Per CuriamFayette 9/11/2023 9/11/2023 2023-Ohio-3202
In re R.B. CA2023-03-032Juvenile court did not err by granting permanent custody of mother's child to a children's services agency where the child had been in the temporary custody of the agency for 12 months of a consecutive 22-month period and the award of permanent custody to the children's services agency was in the child's best interest.ByrneWarren 9/7/2023 9/7/2023 2023-Ohio-3145