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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Brock v. Servpro CA2021-06-075The trial court did not err by granting summary judgment in favor of appellee, a home restoration company, on appellant's breach of contract claim where appellant failed to prove he incurred any compensable damages as a result of appellee's alleged breach of contract. The fact that appellant felt annoyed and irritated by appellee's alleged unprofessionalism does not have an economic value sufficient to support an award of damages in a breach-of-contract case.S. PowellButler 1/24/2022 1/24/2022 2022-Ohio-158
State v. Bullis CA2021-06-024Appellant's arguments are barred by res judicata where he could have raised them in a direct appeal but failed to do so. Appellant forfeited any constitutional challenge to his vehicle's forfeiture where he failed to timely raise the issues with the trial court, despite having several opportunities to do so. PiperClermont 1/24/2022 1/24/2022 2022-Ohio-159
State v. Owens CA2021-07-007The trial court did not err by denying appellant's Crim.R. 32.1 motion to withdraw his guilty plea to first-degree felony rape where, regardless of which standard applied, i.e., the more liberal pre-sentence standard or the more stringent standard applied to post-sentence motions, appellant failed to demonstrate that he was entitled to withdraw his guilty plea given appellant's motivation in moving to withdraw his plea was that he received an unexpectedly high eight-year prison sentence rather than a lower prison sentence of three, four, or five years.S. PowellPreble 1/24/2022 1/24/2022 2022-Ohio-160
State v. Barron CA2020-12-088Defendant convicted of offenses relating to operation of prostitution business and for assault. Defendant prostituted two women out of three hotels located in Warren and Hamilton counties. Though one count of felonious assault occurred in Hamilton County and the defendant was acquitted of offenses involving that victim in Warren County, venue was appropriate in Warren County based on evidence that the overall offenses were part of a course of criminal conduct occurring in both counties. Trafficking in persons and promoting prostitution are distinct offenses under R.C. 1.51. Trafficking in persons counts and promoting prostitution counts were not required to merge. Counsel not ineffective for striking allegedly biased juror who was rehabilitated. Felonious assault conviction established by evidence that the defendant slapped and rendered victim unconscious.ByrneWarren 1/18/2022 1/18/2022 2022-Ohio-102
State v. Bowles CA2021-07-059; CA2021-07-060Anders no error.Per CuriamWarren 1/18/2022 1/18/2022 2022-Ohio-103
State v. Massey CA2021-03-010State appeals decision granting motion to suppress. State argued court's decision failed to consider certain facts necessary to analyze the motion to suppress. However, facts highlighted were merely characterizations of the evidence. Court thoroughly discussed the facts relevant to its decision. Decision granting suppression affirmed where the evidence supported findings that the officer had no lawful reason to stop the defendant, no reasonable articulable suspicion necessary to extend the stop, and the defendant's consent to search was not voluntarily obtained.ByrneClinton 1/18/2022 1/18/2022 2022-Ohio-100
State v. Helvey CA2021-01-008Defendant appeals firearms offenses. During high-speed chase, witnesses observed individual shooting at another vehicle. Hat fell off shooter during DNA from the hat matched defendant. State submitted sufficient evidence to prove identity. Defendant's DNA was major DNA profile recovered from hat. Eyewitness testified that defendant appeared "very similar" to shooter. Defendant not entitled to mistrial where juror revealed he had seen the defendant before at a Wal-Mart. All jurors agreed that comment would not affect ability to fairly decide case. Comment itself was benign.ByrneButler 1/18/2022 1/18/2022 2022-Ohio-98
Holmes v. Lakefront at W. Chester CA2021-05-046Tenant appeals a decision dismissing various claims against her landlord. Tenant argued that the court erred in considering certain testimony but failed to object. Tenant could not demonstrate plain error where the testimony had no effect on outcome. Dismissal of claims supported by weight of the evidence. Tenant misunderstood burden of proof.ByrneButler 1/18/2022 1/18/2022 2022-Ohio-99
State v. Green CA2021-03-009The trial court failed to address both aspects of waiver when issuing its decision denying appellant's motion to suppress appellant's incriminating statements he made to police wherein he acknowledged raping the alleged victim, thereby requiring appellant's conviction for first-degree felony rape be vacated and the matter remanded to the trial court for further proceedings.S. PowellFayette 1/18/2022 1/18/2022 2022-Ohio-101
Amba Invests. v. Clark CA2021-02-016Residential tenant appeals decision dismissing counterclaims against landlord. Court erred in finding tenant was not entitled to written notice concerning security deposit. Statute mandated notice even though the tenant owed past due rent exceeding the security deposit. Tenant failed to present evidence of unlawful eviction where landlord advanced tenant's agreed move-out date by several days. Landlord undertook no unlawful acts. Tenant voluntarily left.ByrneButler 1/10/2022 1/10/2022 2022-Ohio-43
State v. Westbrooks CA2021-07-076Anders no error.Per CuriamButler 1/10/2022 1/10/2022 2022-Ohio-44
State v. Oatneal CA2021-08-094Anders no error.Per CuriamButler 1/10/2022 1/10/2022 2022-Ohio-45
State v. Clark CA2021-06-030In sentencing appellant to a community control term which included a residential sanction in jail, the trial court erred by failing to award appellant 46 days of jail-time credit for the time he spent in confinement in lieu of bail. The trial court did not impose a prohibition on appellant seeking transfer of his community control to another jurisdiction prior to the completion of 500 community service hours as the trial court's sentencing entry did not set forth such a prohibition. HendricksonClermont 1/10/2022 1/10/2022 2022-Ohio-46
State v. Grandstaff CA2021-06-033Appellant’s conviction for cruelty to a companion animal was not erroneous. A presentence investigation is not required for a misdemeanor and was not requested here. Further, a trial court is presumed to have considered the statutory factors when the sentence is within the statutory limits and there is no affirmative showing that the trial court failed to do so. The sentence here was well within the statutory limits and appellant made no such showing. Additionally, appellant failed to demonstrate how her attorney’s performance was deficient or that she was prejudiced.PiperClermont 1/10/2022 1/10/2022 2022-Ohio-47
In re M.H. CA2021-08-047; CA2021-08-048; CA2021-08-049Mother appeals from the juvenile court's decision granting permanent custody in favor of her children to a children's services agency.HendricksonClermont 1/10/2022 1/10/2022 2022-Ohio-48
In re M.H. CA2021-08-050; CA2021-08-051; CA2021-08-052Juvenile court did not err by denying Father's motion to file untimely objections, as he failed to demonstrate "good cause" and did not suffer any prejudice. In addition, The juvenile court did not err in granting permanent custody of Father's children to a children's services agency where the record reflects that the children have been in the temporary custody of the agency for 12 of the last 22 months and the grant of permanent custody is in the children's best interest. PiperClermont 1/10/2022 1/10/2022 2022-Ohio-49
Ginn v. Stonecreek Dental Care CA2021-07-013Appellant's motion for attorney fees was barred by the doctrines of res judicata, law of the case, and collateral estoppel where the trial court previously ruled that such fees were improper and not subject to the initial contract between appellant and appellee. The trial court also properly determined that appellant had released appellee from any future obligations after a first jury trial occurred and appellee paid the judgment.PiperFayette 1/10/2022 1/10/2022 2022-Ohio-51
Romohr v. Singer CA2021-06-019The trial court's decision to award custody to Father, and its analysis of the best interest factors, was not against the manifest weight of the evidence or an abuse of discretion where the record contains a substantial amount of credible and competent evidence that awarding custody to Father was in the children's best interest. The trial court did not abuse its discretion in declining to find Father in contempt of the court's orders where Mother failed to prove by clear and convincing evidence that Father violated the court's orders on any specific occasion. S. PowellClinton 1/10/2022 1/10/2022 2022-Ohio-50
State v. Worship CA2020-09-055Although appellant’s medical records were not properly certified pursuant to R.C. 2317.422(A), their erroneous admission was harmless where there was ample additional evidence to show that appellant knew about his diagnosis and failed to fully disclose to the victim that he was HIV positive, without use of the medical records. R.C. 3701.243(C)(1) and (2) permit a court to issue an order granting a government agency the authority to disclose HIV test records on a showing of compelling need. Neither provision prohibits the introduction of evidence concerning an HIV test of a specific individual in a criminal proceeding. The state demonstrated a compelling need for the records, so the physician-patient privilege did not apply. In finding appellant guilty of felonious assault, the trial court was entitled to discredit appellant's testimony and believe the victim's testimony. In believing that testimony, the trial court could reasonably conclude from substantial evidence that the state proved the offense beyond a reasonable doubt.HendricksonWarren 1/10/2022 1/10/2022 2022-Ohio-52
State v. Inabnitt CA2021-02-013Felonious assault conviction. Defendant threw victim down staircase. Defense argued accident. State presented sufficient evidence defendant acted knowingly. Defendant angry immediately preceding assault. Defendant continued "wrestling" with the victim after fall. Greater weight of evidence did not support theory of an accidental fall. Defense counsel was not ineffective in not pursuing a self-defense theory, for not requesting instruction for aggravated assault, for not retaining an expert witness, and for not calling the defendant to testify, all decisions within the ambit of trial strategy.ByrneWarren 1/10/2022 1/10/2022 2022-Ohio-53