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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Kokaliares v. Decker & Assocs. – Architectural Design & Planning Servs., L.L.C.
| CA2024-11-132 | Judgment in favor of plaintiff in the amount of $10,805 for unpaid architectural services against defendant in his personal capacity is affirmed. The defendant's failure to timely answer requests for admissions resulted in defendant admitting as truth that he entered into a contract with plaintiff and was jointly liable under that contract. Nothing in the record demonstrated that defendant disclosed, during negotiations, that he was acting on behalf of a disclosed principal, and defendant did not take affirmative action to pursue the defense that his principal should be joined to the action. | Siebert | Butler |
6/9/2025
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6/9/2025
| 2025-Ohio-2038 |
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State v. Miller
| CA2024-12-139 & CA2024-12-140 | Anders no error. | Per Curiam | Butler |
6/9/2025
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6/9/2025
| 2025-Ohio-2039 |
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Fisher v. Fisher
| CA2024-07-043 | Appellant, party in a divorce proceeding, appeals from domestic relations courts decision dividing the parties' marital property and debt. Competent and credible evidence supported the court's findings with respect to marital property and debt. | Byrne | Warren |
6/9/2025
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6/9/2025
| 2025-Ohio-2040 |
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State v. Craddock
| CA2024-09-060 | Appellant's conviction for violating a protection order in violation of R.C. 2919.27(A)(2) was supported by sufficient evidence and not against the manifest weight of the evidence where the record established that appellant harassed the victim and committed acts of abuse towards the victim contrary to the terms of a protection order. | Piper | Warren |
6/9/2025
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6/9/2025
| 2025-Ohio-2041 |
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In re M.W.
| CA2025-01-010 | A juvenile court did not err by granting permanent custody of appellant's daughter to a children services agency where the juvenile court's decision finding a grant of permanent custody was in the child's best interest was supported by sufficient evidence and not against the manifest weight of the evidence given that appellant had failed to adequately protect the child from being sexually abused by her older brother and others. | Piper | Warren |
6/2/2025
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6/2/2025
| 2025-Ohio-1968 |
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State v. Barnes
| CA2024-01-011 | Defendant appeals conviction for felonious assault and having weapons while under disability. Trial court erred by providing non-standard jury instructions that overly suggested or mandated a result conflicting with statutory language. But defendant failed to establish prejudice. Defendant argued that the trial court improperly admitted hearsay statements. Assuming the testimony was inadmissible, the defendant failed to establish plain error. | Byrne | Butler |
6/2/2025
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6/2/2025
| 2025-Ohio-1967 |
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Sherman v. Eichenlaub
| CA2024-08-017 | The probate court did not abuse its discretion in granting default judgment in favor of plaintiff-appellees or in denying defendant-appellant's motion to strike appellees' notice of admissions where appellant failed to timely file an answer to the complaint and failed to timely provide responses to the request for admissions without any justification. | M. Powell | Madison |
5/27/2025
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5/27/2025
| 2025-Ohio-1880 |
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State v. Salines
| CA2024-12-088 | The trial court did not plainly err by failing to merge the offenses for sentencing purposes where appellant's convictions for aggravated trafficking in drugs and conspiracy to commit aggravated trafficking in drugs were committed with separate conduct and therefore, are not allied offenses of similar import. | Piper | Clermont |
5/19/2025
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5/19/2025
| 2025-Ohio-1777 |
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Neyer Holding II, Inc. v. Huang
| CA2024-01-015 | Commercial lessee appeals order granting judgment in favor of lessor, after lessee abandoned the leased premises. The lessor was contractually entitled to pass through costs referred to as common area maintenance to lessee. Lessor was entitled to incidental damages for breach of the lease, but only if such damages were foreseeable to the lessee. Matter remanded for foreseeability determination. | Byrne | Butler |
5/19/2025
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5/19/2025
| 2025-Ohio-1776 |
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State v. Jones
| CA2024-07-050 | Trial court did not err in accepting defendant's written and signed waiver of counsel. Trial court did not abuse its discretion by denying defendant's request to continue the jury trial so that he could secure counsel. | M. Powell | Warren |
5/19/2025
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5/19/2025
| 2025-Ohio-1780 |
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State v. Barone
| CA2024-02-061 | Trial court did not err in finding probation violation where defendant committed new offense during court-ordered probation period despite probation officer's clerical error regarding termination date. | Hendrickson | Warren |
5/12/2025
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5/12/2025
| 2025-Ohio-1695 |
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State v. Wilson
| CA2024-12-086 | Appeal dismissed for lack of a final appealable order where the sentencing entry failed to set forth the fact of conviction, as required by Crim.R. 32(C). The entry failed to identify the offense, by name or reference to the specific ordinance violated, for which appellant was convicted. | Hendrickson | Warren |
5/12/2025
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5/12/2025
| 2025-Ohio-1696 |
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State v. Hymer
| CA2024-02-026 | Defendant appeals convictions for burglary and violating a protection order. Defendant argued that the offenses should merge. Burglary and violating-a-protection-order offenses were not required to merge where each offense had a dissimilar import, i.e., each offense created separate and identifiable harms. | Byrne | Butler |
5/12/2025
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5/12/2025
| 2025-Ohio-1691 |
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Calista Ents., L.L.C. v. Oxford Bd. of Zoning Appeals
| CA2024-09-116 | On remand in an administrative appeal, common pleas court abused its discretion when it affirmed a decision of the board of zoning appeals denying a property owner's request for an area variance. | M. Powell | Butler |
5/12/2025
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5/12/2025
| 2025-Ohio-1692 |
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State v. Bowling
| CA2024-12-138 | Driver's conviction for marked lanes violation was not supported by sufficient evidence. | M. Powell | Butler |
5/12/2025
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5/12/2025
| 2025-Ohio-1693 |
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State v. Wright
| CA2024-10-011 | Defendant's 24-year indefinite sentence for four counts of use of a minor in nudity-oriented material or performance is affirmed. The trial court expressly considered the purposes of felony sentencing and the relevant sentencing factors and was not required to make any specific findings regarding them; the appellate court has no legal authority to second-guess the trial court's consideration of these factors. Defendant did not demonstrate his sentence was disproportionate to other similar defendants. Defendant also failed to show how his counsel's performance was objectively deficient or how those alleged deficiencies would have changed the outcome for defendant. Finally, the fact defendant's attorney is subject to disciplinary action does not, in and of itself, demonstrate that a defendant experienced ineffective assistance of counsel. | Siebert | Brown |
5/12/2025
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5/12/2025
| 2025-Ohio-1690 |
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Copas v. Luikart
| CA2024-08-020 | The trial court's decision to grant a civil stalking protection order in favor of the victim was not against the manifest weight of the evidence where her testimony established that appellant engaged in a pattern of conduct pursuant to R.C. 2903.211(D)(1). The victim was not required to prove immediate and present danger, as that heightened burden only applies to civil stalking protection orders issued ex parte, not after a full hearing. The trial court did not abuse its discretion in denying appellant's motion to reopen where he failed to establish excusable neglect in failing to attend the full hearing on the civil stalking protection order petition. | Siebert | Fayette |
5/12/2025
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5/12/2025
| 2025-Ohio-1694 |
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Smith v. Mercy Health-Clermont Hosp., L.L.C.
| CA2024-02-010 | Trial court properly dismissed medical-negligence claims where the statute of limitations expired before federal jurisdiction attached upon removal. 28 U.S.C. 1367(d) does not retroactively cover pre-removal period in state court. Tolling begins when case enters federal court. Trial court properly dismissed medical-negligence claims where relation-back doctrine cannot connect a second federal complaint to earlier dismissed federal case or resurrect previously dismissed actions. Relation-back doctrine applies only to amendments within ongoing actions, not between separate lawsuits. | Piper | Clermont |
5/5/2025
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5/5/2025
| 2025-Ohio-1590 |
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State v. Whisner
| CA2024-08-062 | Anders no error. | Per Curiam | Clermont |
5/5/2025
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5/5/2025
| 2025-Ohio-1591 |
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Naiman v. Naiman
| CA2024-06-074 | Trial court did not err in finding parent voluntarily unemployed and imputing income for purposes of child-support calculation despite the parent's 100% VA disability status where medical documentation of inability to work was lacking and evidence contradicted claimed inability to work. Trial court erred in failing to award attorney fees specifically related to motion to compel discovery where the motion to compel is granted under Civ.R. 37, mandating attorney fees unless specific exceptions apply, and the trial court had affirmed the magistrate's discovery sanctions order but later denied all attorney fees without addressing the prior ruling or explaining why the mandate of Civ.R. 37 should not apply. Trial court did not err in characterizing cash as marital property rather than separate property where the party claiming separate property failed to meet that party's burden of proving separate property. Trial court did not err in accepting one party's expert valuation of a business rather than the other party's expert valuation where competent evidence supported the accepted valuation. Trial court erred in failing to address disputed property in the property division where the property was explicitly listed as a disputed issue in joint trial stipulations, and both parties testified to its existence, but the divorce decree made no mention of it. | Siebert | Butler |
5/5/2025
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5/5/2025
| 2025-Ohio-1589 |
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Egan v. Egan
| CA2024-08-102 | The trial court did not abuse its discretion when it modified the magistrate's decision and ordered a smaller reduction in Husband's spousal support obligation because Husband failed to meet his burden of proof that he did not voluntarily reduce his income. There was no evidence in the record to support a partial credit toward the attorney fees Husband was ordered to pay. | Hendrickson | Butler |
4/28/2025
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4/28/2025
| 2025-Ohio-1493 |
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State v. Schaffer
| CA2024-06-041 | Appellant's conviction for illegal conveyance of drugs into a detention facility was supported by sufficient evidence and not against the manifest weight of the evidence where the jury disbelieved appellant's testimony and believed the testimony offered by the state indicating appellant knew the packages being conveyed into the detention facility contained drugs. However, because of an issue that occurred at appellant's sentencing hearing with respect to the trial court making the requisite consecutive sentence findings, appellant was entitled to resentencing and the matter was reversed and remanded for that limited purpose. | Piper | Warren |
4/28/2025
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4/28/2025
| 2025-Ohio-1494 |
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State v. Alexander
| CA2025-01-001 | Anders no error. | Per Curiam | Butler |
4/21/2025
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4/21/2025
| 2025-Ohio-1402 |
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State v. Griffin
| CA2024-04-029 | The trial court did not err by permitting Evid.R. 404(B) other-acts evidence where the identity of the perpetrator was at issue and the other-acts evidence was permissible modus operandi evidence. Appellant's convictions were supported by sufficient evidence. The jury could reasonably infer that appellant was the individual responsible without engaging in impermissible inference stacking. The trial court did not infringe on appellant's constitutional rights when it informed him that he was subject to cross-examination if he voluntarily took the stand in his own defense. | Powell | Clermont |
4/21/2025
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4/21/2025
| 2025-Ohio-1403 |
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Schaible v. Schaible
| CA2024-10-073 | The domestic relations court did not err by finding appellant in contempt, for denying appellant’s motion to change venue, or for determining it was in her child’s best interest to limit appellant’s parenting time with the child where none of the domestic | Piper | Clermont |
4/21/2025
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4/21/2025
| 2025-Ohio-1404 |
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State v. Ward
| CA2024-10-076 | Anders no error. | Per Curiam | Clermont |
4/21/2025
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4/21/2025
| 2025-Ohio-1405 |
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In re J.M.
| CA2025-01-008 | The juvenile court's decision to grant permanent custody of the minor child to a children services agency was in the child's best interest and was not against the manifest weight of the evidence where Father failed to visit or maintain contact with the child for more than 90 days, failed to maintain sobriety, failed to complete case plan objectives, and failed to demonstrate a commitment to financially supporting the child. | Hendrickson | Clermont |
4/21/2025
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4/21/2025
| 2025-Ohio-1406 |
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Williams v. Williams
| CA2024-06-051 | Trial court erred in assigning husband any outstanding liability to a third person in its property division where trial court failed to address the third party's advances to the parties during the parties' marriage, much less classify the advances as a marital or separate debt or a gift, and where trial court failed to make the required R.C. 3105.171(G) written findings of fact. | Powell | Clermont |
4/14/2025
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4/14/2025
| 2025-Ohio-1319 |
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State v. Palma
| CA2024-08-101 & CA2024-08-108 | Appellant's conviction for failure to comply with an order or signal of a police officer and obstructing official business were supported by sufficient evidence and not against the manifest weight of the evidence and no plain error occurred with respect to the verdict form for appellant's conviction of failing to comply with an order or signal of a police officer where appellant failed to prove any defect in the verdict form affected the outcome of his trial. | Piper | Butler |
4/14/2025
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4/14/2025
| 2025-Ohio-1318 |
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State v. Chambers
| CA2024-06-034 | Trial court abused its discretion by imposing five-year no-contact order between father and his minor children as condition of community control following domestic violence conviction against children's mother. No-contact order was not an appropriate community-control condition as it lacked rehabilitative focus and was overly broad. | Byrne | Warren |
4/14/2025
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4/14/2025
| 2025-Ohio-1320 |
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U.S. Bank, N.A. v. Chibinda
| CA2024-07-094 | The trial court did not err by denying the Civ.R. 60(B) motion for relief from judgment where the appellants failed to point to a meritorious defense or claim they could present if relief were granted and there were no grounds for relief as set forth in Civ.R. 60(B)(1)-(5). | Byrne | Butler |
4/7/2025
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4/7/2025
| 2025-Ohio-1212 |
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State v. Spain
| CA2023-11-123 | Juvenile defendant appeals from his manslaughter conviction. Defendant argued that the court erred by failing to expressly consider R.C. 2929.19(B)(1)(b), the youth-mitigation factors, at sentencing. Sentencing record supported conclusion that trial court considered defendant's youth before imposing sentence. | Byrne | Butler |
3/31/2025
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3/31/2025
| 2025-Ohio-1121 |
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State v. Marcum
| CA2024-05-072 | Appellant's conviction for obstructing official business was not against the manifest weight of the evidence where the state demonstrated appellant obstructed and delayed officers in their duty to fully investigate a 9-1-1 hang-up call made by his wife. | Hendrickson | Butler |
3/31/2025
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3/31/2025
| 2025-Ohio-1122 |
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State v. McQueen
| CA2024-07-087 | Appellant's convictions for abduction and strangulation were not allied offenses of similar import as the offenses were committed with separate conduct and the harms that resulted from the two offenses were separate and identifiable. | Hendrickson | Butler |
3/31/2025
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3/31/2025
| 2025-Ohio-1123 |
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State v. Sweet
| CA2024-10-074 | Anders no error. | Per Curiam | Clermont |
3/31/2025
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3/31/2025
| 2025-Ohio-1126 |
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State v. Wu
| CA2024-05-027 | Appellant's plea was knowingly, intelligently, and voluntarily entered where the totality of the circumstances indicated appellant understood the nature of the charges and the bill of particulars, which served as the state's recitation of facts, provided a sufficient basis to satisfy the elements of the offenses and to establish venue in Warren County. As enrollment in the violent offender database, R.C. 2903.41 et seq., is a collateral consequence rather than a punishment, Crim.R. 11 does not require a trial court to inform a defendant of the registration and notification requirements before accepting the defendant's guilty plea. Appellant's convictions for aggravated burglary, kidnapping, felonious assault, and retaliation were not allied offenses of similar import. Notice of postrelease control provided at the plea hearing and set forth in the sentencing entry does not correct the trial court's failure to impose postrelease control at the sentencing hearing. | Hendrickson | Warren |
3/31/2025
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3/31/2025
| 2025-Ohio-1138 |
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State v. Hanson
| CA2024-07-049 | Appellant failed to file a transcript of the proceedings necessary for this appeal. When portions of the transcript necessary for resolving assigned errors are omitted from the record, the reviewing court has nothing to evaluate and must presume the regularity or validity of the lower court's proceedings and affirm. | Hendrickson | Warren |
3/31/2025
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3/31/2025
| 2025-Ohio-1139 |
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Kochaliyev v. Kochaliyeva
| CA2024-08-055 | Divorce decree affirmed. There was no plain error by the trial court where its consideration of affidavits submitted by husband and wife was agreed to by husband's counsel. There was also no error in determining husband's separate interest in the marital home's equity because husband did not sufficiently tie purported loans to the marital home. | Hendrickson | Warren |
3/31/2025
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3/31/2025
| 2025-Ohio-1140 |
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Bank of Am., N.A. v. Dickerson
| CA2024-10-068 | The trial court did not abuse its discretion in determining that debtor was liable for the balance of a credit card account opened in her name where the court did not find credible the debtor's testimony that the account was fraudulently opened and used without her knowledge or authorization. | Powell | Warren |
3/31/2025
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3/31/2025
| 2025-Ohio-1141 |
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Otterbeing Maineville, L.L.C. v. Carman
| CA2024-07-052 | Trial court did not err in entering final judgment where plaintiff's attempt to dismiss only remaining claims under Civ.R. 41(A)(1)(a), while preserving prior summary judgment rulings, was a legal nullity. Trial court did not err in granting summary judgment to nursing home where son's personal liability arose from breach of contractual duty to manage mother's resources rather than from prohibited third-party payment guarantee under Federal Nursing Home Reform Act. Trial court did not err in calculating damages based on diverted funds rather than Medicaid rates where nursing home was entitled to private-pay rates before resident established Medicaid eligibility. Trial court did not err in granting summary judgment on Consumer Sales Practices Act counterclaim where nursing home's contract enforcement and debt collection practices had colorable legal basis and did not constitute deceptive or unconscionable conduct. | M. Powell | Warren |
3/24/2025
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3/24/2025
| 2025-Ohio-1013 |
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State v. Lopez
| CA2024-10-072 | Trial court did not err in denying defendant's request for new counsel where defendant later withdrew his request and entered a valid guilty plea. | Siebert | Clermont |
3/24/2025
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3/24/2025
| 2025-Ohio-1011 |
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State v. Rucker
| CA2024-11-027 | The trial court did not err in accepting appellant's guilty plea where the record reflects the court complied with Crim. R. 11 and his plea was knowing, voluntary, and intelligent in all respects. | Siebert | Fayette |
3/24/2025
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3/24/2025
| 2025-Ohio-1012 |
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Evans v. Evans
| CA2024-07-097 | The trial court erred in awarding spousal support to appellee where appellee had specifically withdrawn his request for spousal support and appellant relied upon that withdrawal in the presentation of his case. | Siebert | Butler |
3/24/2025
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3/24/2025
| 2025-Ohio-1010 |
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State v. Faircloth
| CA2024-02-028 | Appellant's conviction for theft by deception in violation of R.C. 2913.02(A)(3) was supported by sufficient evidence and not against the manifest weight of the evidence. However, because the trial court did not afford appellant her right to allocution at sentencing, the trial court's judgment was reversed and remanded for the limited purpose of resentencing to afford appellant her right to allocution as provided by Crim.R. 32(A)(1). WITH DISSENTING OPINION. | Piper | Butler |
3/17/2025
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3/17/2025
| 2025-Ohio-878 |
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State v. Stewart
| CA2024-03-045 | By stipulating to the admission of a cell phone download, which included text messages recovered from the phone, and by failing to object to any of the individual text messages offered by the state into evidence, appellant waived his right to challenge the admissibility of the evidence. Appellant's weapons and drug-related convictions were not against the manifest weight of the evidence. WITH CONCURRING OPINION. | Hendrickson | Butler |
3/17/2025
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3/17/2025
| 2025-Ohio-879 |
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Richter v. Richter
| CA2024-08-105 | Trial court did not abuse its discretion in confirming a commissioners' report and finding that land owned by appellant and appellee could not be partitioned, because doing so would cause manifest injury to its value where the resulting parcels would not comply with local zoning requirements. The trial court provided adequate notice that zoning variance issues would be considered at the final evidentiary hearing, the commissioners' report was supported by competent credible evidence, and the court was under no obligation to provide appellant additional time to seek a zoning variance that was unlikely to be granted. | Siebert | Butler |
3/17/2025
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3/17/2025
| 2025-Ohio-880 |
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State v. Watson
| CA2024-09-026 | Defendant's conviction for having a weapon while under disability was not against the manifest weight of the evidence. | Powell | Fayette |
3/17/2025
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3/17/2025
| 2025-Ohio-883 |
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In re J.D.L.
| CA2024-08-012 | Although it was unclear whether Preble County was the proper venue, the Preble County Juvenile Court had subject-matter jurisdiction over the dependency cases of the appellant's children. | Powell | Preble |
3/17/2025
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3/17/2025
| 2025-Ohio-884 |
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State v. Shrophshire
| CA2024-02-012; CA2024-02-013 | The trial court erred in accepting appellant's no contest plea where the trial court failed to advise appellant during the plea colloquy that by entering his no contest plea, he was waiving his right to have compulsory process for obtaining witnesses. As the trial court failed to explain a constitutional right set forth in Crim.R. 11(C)(2)(c), we presume the plea was entered involuntarily and unknowingly and appellant did not need to show prejudice to have his plea vacated. WITH DISSENTING OPINION. | Hendrickson | Clermont |
3/17/2025
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3/17/2025
| 2025-Ohio-881 |
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Johnson v. First Key Homes, L.L.C.
| CA2024-09-067 | Release of escrowed rent to tenant affirmed. Landlord waived notice of rent escrow proceedings because it did not provide tenant with an Ohio address as required by R.C. 5321.18. Tenant's testimony that mold at rental home was not addressed by landlord was uncontroverted and merited release of the escrowed rent to her. | Siebert | Clermont |
3/17/2025
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3/17/2025
| 2025-Ohio-882 |
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