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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Smith v. Smith CA2021-09-109Divorcee who received inheritance during marriage appeals decision finding financial accounts marital property. Divorcee failed to meet burden tracing separate property. Inheritance no longer traceable after being extensively commingled with marital funds over four years. Also, evidence that the divorcee had intended to gift former spouse the portion of the inheritance used for the mutual fund.ByrneButler 3/27/2023 3/27/2023 2023-Ohio-982
State v. Hibbard CA2022-09-086Defendant's burglary conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. Likely to be present element of R.C. 2911.12(A)(2) satisfied where occupant was a retiree with no fixed schedule, who had lived in his home for 30 years, who had temporarily left his home to help a neighbor with an errand, and who was away from his home for two hours.M. PowellButler 3/27/2023 3/27/2023 2023-Ohio-983
Rossi v. Atrium Med. Ctr. CA2022-05-027The trial court did not err in dismissing appellant's medical malpractice claims as appellant could not use the saving statute set forth in R.C. 2305.19(A) to refile a medical claim after the statute of limitations had expired and the claim was brought outside the four-year statute of repose set forth in R.C. 2305.113(C). The trial court also did not err in dismissing appellant's wrongful death claims as wrongful death claims related to the medical care, diagnosis, or treatment of the decedent are subject to the medical-claim statute of repose set forth in R.C. 2305.113(C).HendricksonWarren 3/27/2023 3/27/2023 2023-Ohio-984
State v. Turner CA2022-12-077Anders no error.Per CuriamWarren 3/27/2023 3/27/2023 2023-Ohio-985
Richard J. Conie Co. v. W. Jefferson Village Council CA2022-04-007The common pleas court did not err in vacating the village council's decision, and remanding the matter for further proceedings, where the plain language of R.C. 2506.04, in addition to precedent set by the Ohio Supreme Court, clearly authorizes the common pleas court to vacate and remand decisions of administrative agencies.HendricksonMadison 3/20/2023 3/20/2023 2023-Ohio-876
State v. Haag CA2022-05-008Trial court's admission of a bystander's 9-1-1 call and the cruiser cam recording of the victim's statements at the scene of the incident at defendant's jury trial did not violate his Sixth Amendment right to confrontation.M. PowellPreble 3/20/2023 3/20/2023 2023-Ohio-877
State v. Reed CA2022-03-012An appellant must demonstrate that a seated juror was biased. Where a challenged juror was excused and did not participate in the jury's deliberations, and there is no evidence that the juror was biased or in any way affected the jury panel, there is no error. Where a trial court orders the separation of witnesses, an appellant fails establish prejudice from the live streaming of the trial if there is no evidence that any witness actually viewed the live stream. A jury may reject a defendant's testimony in favor of a prosecution witness's testimony. And a jury may base its decision on circumstantial evidence from the prosecution's expert that the defendant was the cause of serious physical injuries.HendricksonWarren 3/20/2023 3/20/2023 2023-Ohio-878
State v. Johnson CA2022-09-063The trial court did not err by denying appellant's petition for postconviction relief without a hearing. Appellant failed to address the second prong of the test for ineffective assistance of counsel requiring prejudice. Appellant's petition suggesting that he could have received a more favorable plea agreement did not constitute substantive grounds for relief.PiperWarren 3/20/2023 3/20/2023 2023-Ohio-879
Shteiwi v. Shteiwi CA2021-11-143Appellant appeals declaratory judgment concerning ownership of shares in corporation. Court did not err by allegedly failing to determine the rights of the parties concerning control and management. Complaint sought declaration on ownership and effect of a partnership agreement. Court's decision decided those issues. Court did not abuse discretion in denying appellant's motion to disqualify counsel. Appellant failed to establish that any alleged conflict posed significant risk of tainting trial.ByrneButler 3/20/2023 3/20/2023 2023-Ohio-873
Hicks v. Union Twp. CA2022-10-057The Court of Claims did not err in denying appellant's public records request for the mail and email distribution lists for the township's quarterly newsletters as appellant failed to demonstrate by clear and convincing evidence that the lists are records as defined by R.C. 149.011(G). The lists do not serve to document the organization, function, policies, decisions, procedures, operations, or other activities of the township; rather, the mailing addresses and names and email addresses represent contact information used as a matter of convenience in distributing the newsletters.HendricksonClermont 3/20/2023 3/20/2023 2023-Ohio-874
State v. King CA2022-01-002 & CA2022-01-003Defendant appeals burglary and failure to appear convictions. Evidence supported the burglary conviction. Defendant trespassed into open garage. Defendant acted stealthily by using ladder in garage to enter home's attic. State failed to submit sufficient evidence demonstrating that defendant knew or should have known about his upcoming court date.ByrneClinton 3/20/2023 3/20/2023 2023-Ohio-875
In re X.L.L. CA2022-03-003"Consideration" of the best interest factors for a legal custody analysis does not require a juvenile court to expressly discuss each of the best interest factors. Even though the juvenile court did not explicitly enumerate each of the best interest factors, it is clear from the record that it considered the relevant best interest factors. The child's marked improvement during his placement with the relative, coupled with several concerning behaviors which characterized appellant's custody demonstrated the juvenile court did not abuse its discretion.ByrneBrown 3/13/2023 3/13/2023 2023-Ohio-751
Lykins v. Hale CA2022-07-037The trial court did not abuse its discretion in considering a motion to exclude an expert witness even though the motion was brought after a deadline contained in a scheduling order. The trial court informed both parties that it did not want any "surprises" at trial and evidence came to light that appellant's expert report had been plagiarized, rendering it unreliable. In addition, the trial court did not abuse its discretion in denying appellant's motion to continue to find a new expert witness. The trial court was not obligated to further delay these proceedings to that the appellant could once again secure a new expert. Furthermore, appellant should have recognized that his proposed expert witness plagiarized a prior expert that was previously retained.PiperClermont 3/13/2023 3/13/2023 2023-Ohio-752
State v. Harding CA2022-09-019The trial court did not err by denying appellant's third successive petition for postconviction relief where appellant's claims raised in support of his most recent petition were barred by the doctrine of res judicata given that appellant had raised the same or substantially similar arguments previously at trial and through multiple appeals and two prior postconviction relief petitions.S. PowellMadison 3/13/2023 3/13/2023 2023-Ohio-753
State v. Spires CA2022-06-005The trial court erred by ordering appellant's seven, seven, and four year prison sentences he received after a jury found him guilty of committing felonious assault on three peace officer victims as mandatory prison time where the record was silent as to whether any of the three peace officer victims suffered serious physical harm to their persons as a result of appellant's conduct, thereby necessitating the matter be remanded to the trial court for resentencing.S. PowellBrown 3/6/2023 3/6/2023 2023-Ohio-665
Anders v. Seitz CA2022-09-011The juvenile court did not err by finding that there had been no change of circumstances where the alleged conditions were disputed by the legal custodians or were not significant enough to be considered a change of circumstances.PiperFayette 3/6/2023 3/6/2023 2023-Ohio-668
Thompson v. Thompson CA2022-05-014Domestic relations court did not abuse its discretion by designating mother the residential parent and legal custodian of the parties' children, by failing to credit father for the payments he made during the divorce proceedings pursuant to temporary orders, and by finding father in contempt for denying mother parenting time with the children for four weeks.M. PowellClinton 3/6/2023 3/6/2023 2023-Ohio-667
Dudley v. Siler Excavation Servs., L.L.C. CA2022-06-030The trial court did not err by granting a motion to dismiss in favor of employer where the former employee failed to articulate a clear public policy existed as the exception to the employment at-will doctrine. The former employee's general suggestions about COVID-19 recommendations, along with citation to various federal and state authorities were an insufficient basis to support a clear public policy for purposes of meeting the clarity requirement.PiperClermont 3/6/2023 3/6/2023 2023-Ohio-666
In re G.A. CA2022-11-079The juvenile court did not err by granting permanent custody of the children to a children's services agency as its decision was supported by sufficient evidence and not against the manifest weight of the evidence where the children had been in the agency's temporary custody for 24 months and where permanent custody was in the children's best interest.ByrneClermont 3/3/2023 3/3/2023 2023-Ohio-643
In re T.C. CA2022-04-016Attorney for an aunt who has custody of her niece appeals the trial court's decision not to award attorney fees in a case involving motions filed by the child's grandparents related to visitation with the child's sister, who is in the custody of the grandparents. Trial court did not err in determining not to grant attorney fees to aunt's attorney where grandparents' motions were not frivolous. The motions were filed only after aunt's attorney sent a letter to grandparents, demanding no contact with the aunt and threatening legal action if grandparents contacted the aunt in any way.HendricksonClermont 2/27/2023 2/27/2023 2023-Ohio-560
State v. Brand CA2021-08-093The trial court did not abuse its discretion in excluding an e-mail sent by the victim to the appellant days after the incident. The timing, tone, and content of the e-mail demonstrated its irrelevance. Appellant's jury instructions on "mistake of fact" and "accident" misstate the law. The jury was free to believe the victim and corroborating testimony over appellant's testimony.ByrneButler 2/27/2023 2/27/2023 2023-Ohio-557
Evans v. Gardner CA2022-07-070 & CA2022-07-071A trial court does not abuse its discretion by ordering production of an attorney-client communication that falls within the scope of a previous privilege-waiver determination, despite the communication having been inadvertently disclosed.HendricksonButler 2/27/2023 2/27/2023 2023-Ohio-558
State v. Thompson CA2022-09-080Appellant's conviction for rape of a person less than 10 years of age and gross sexual imposition of a different person less than 13 years of age was affirmed where the trial court did not err by denying appellant's motion to sever the two charges for purposes of trial or by permitting the expert witness to testify in the manner that she did, and where the jury's verdict finding appellant guilty of gross sexual imposition of the less than 13-year-old victim was supported by sufficient evidence.S. PowellButler 2/27/2023 2/27/2023 2023-Ohio-559
State v. Kyles CA2021-11-141 & CA2021-11-142Trial court did not err in denying defendant's motion to suppress his confession to police where defendant's waiver of his Miranda rights was voluntary, knowing, and intelligent. Defendant's convictions for participating in a criminal gang and the gang specification attached to eight felonious offenses were supported by sufficient evidence and were not against the manifest weight of the evidence.M. PowellButler 2/21/2023 2/21/2023 2023-Ohio-489
State v. Meier CA2022-05-050Appellant's conviction for operating a motor vehicle without reasonable control in violation of Hamilton Ohio Codified Ordinance 333.022 is supported by sufficient evidence.PiperButler 2/21/2023 2/21/2023 2023-Ohio-490
In re K.K. CA2020-12-130; CA2021-01-002; CA2021-01-003The juvenile court did not err by granting permanent custody of the children to a children's services agency as such decision was supported by sufficient evidence and not against the manifest weight of the evidence where appellants failed to remedy the cause for the children's removal and where permanent custody was in the children's best interest.PiperButler 2/13/2023 2/13/2023 2023-Ohio-400
In re W.R. CA2022-09-091In addition to failure to the raise argument challenging service of the fathers below and failure to raise the argument in her objections to the magistrate's decision, Mother lacks standing to challenge alleged defects in service of the fathers of her children. An appellant-mother may challenge an alleged service error regarding a non-appealing party only when she has demonstrated that she herself has been prejudiced by the alleged error. Mother failed to demonstrate that she sustained any prejudice other than conjecture that it may have extended the case to give her more time. The record demonstrated it was unlikely she would have availed herself of additional time and immediate permanency and stability was clearly in the children's best interests.M. PowellButler 2/6/2023 2/6/2023 2023-Ohio-334
State v. Howard CA2022-07-033Anders no error.Per CuriamClermont 2/6/2023 2/6/2023 2023-Ohio-335
State v. Richey CA2022-08-038; CA3022-08-039; CA2022-08-040; CA2022-08-041The trial court did not err by ordering consecutive sentences resulting in appellant being sentenced to a mandatory minimum 15 years to a maximum 22-and-one-half years in prison where the trial court made the necessary consecutive sentence findings under R.C. 2929.14(C)(4) and where the trial court's consecutive sentence findings were supported by clear and convincing evidence after appellant pled guilty to 15 felony drug offenses levied against him in four separate cases.S. PowellClermont 2/6/2023 2/6/2023 2023-Ohio-336
State v. Delehanty CA2021-04-041Defendant appeals murder conviction. Gruesome crime scene and autopsy photographs' probative value outweighed danger of unfair prejudice. Court did not abuse discretion in refusing self-defense. No evidence supported self-defense. Defendant denied any memory of stabbing the victim to death. No other circumstances suggested self-defense. Court erred by failing to give mandatory advisements concerning the Violent Offender Registry, as required by R.C. 2903.42(A)(1). Sentence vacated and matter remanded for resentencing.ByrneWarren 2/6/2023 2/6/2023 2023-Ohio-337
State v. Gray CA2022-02-006The trial court did not err in denying appellant’s motion to suppress the evidence found in the trunk of his car where officers had probable cause to search the trunk of the car based on the facts known at the time of the search and a canine’s positive alert to the presence of narcotics. The trial court also did not err in finding that appellant’s initial Miranda warnings remained effective throughout the duration of a short transport to the police station and throughout the duration of a custodial interview. Appellant did not receive ineffective assistance of counsel where counsel failed to subpoena a witness whose testimony was entirely speculative and whose testimony would not have significantly assisted appellant’s defense. Counsel was also not ineffective for failing to object to highly probative evidence. While the trial court did err in imposing consecutive indefinite prison terms, the error did not rise to the level of plain error, as the calculation of the prison sentence did not affect appellant’s substantial rights.HendricksonWarren 2/6/2023 2/6/2023 2023-Ohio-338
State v. Lovelace CA2022-05-032The trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where the trial court properly placed on the record and journalized its reasons for the sua sponte continuance of nine days due to its crowded docket. Further, appellant’s conviction was not against the manifest weight of the evidence, and was thus supported by sufficient evidence, where the jury heard testimony from three witnesses that had ample opportunity to see and identify the appellant as the driver of the vehicle.M. PowellWarren 2/6/2023 2/6/2023 2023-Ohio-339
State v. Brown CA2022-02-003The trial court did not err in denying appellant's motion for a new trial and his third petition for postconviction relief where the appellant failed to demonstrate that the state committed a Brady violation by not providing appellant with medical reports of the victim, and where appellant failed to demonstrate that he was unavoidably prevented from discovering the information contained in the medical reports within the time for filing his motion or petition. Further, the trial court did not err in finding that appellant's claims were barred by res judicata as appellant was aware of the information contained in the medical reports at the time of trial and could have raised the issues at either the time of trial, in his direct appeal, or in one of his other appearances before this court.S. PowellPreble 1/30/2023 1/30/2023 2023-Ohio-258
Smith-Knabb v. Vesper CA2022-06-044The trial court's decision was not against the manifest weight of the evidence where there was conflicting testimony concerning the terms of the alleged verbal contract. The record showed that the parties combined or blended the terms of several agreements or understandings resulting in terms that are difficult to ascertain. Moreover, there was evidence that the plaintiff signed a letter indicating her intention to gift a defendant a large sum of money.PiperWarren 1/30/2023 1/30/2023 2023-Ohio-259
State v. Cook CA2022-02-016 & CA2022-02-017Appellant's convictions for murder, felonious assault, and having weapons while under disability were supported by sufficient evidence and were not against the manifest weight of the evidence where the state presented testimony from an eyewitness that appellant fired a gun at the victim multiple times, striking him in the chest and causing his death. Despite appellant stipulating to having a prior conviction for a felony offense, the trial court did not abuse its discretion when it permitted the state to question appellant about the events surrounding his prior conviction as appellant was subject to impeachment with his prior convictions under Evid.R. 609(A)(2) and he opened the door to questions about his prior conviction by suggesting that an individual involved in the prior conviction was responsible for the murder of the victim in the instant case.HendricksonButler 1/30/2023 1/30/2023 2023-Ohio-256
State v. Lopez-Cruz CA2022-07-068The trial court did not err by sentencing appellant to the maximum possible 10-year prison term available after appellant pled guilty to raping an under 13-year-old girl where the sentence was not contrary to law and did not constitute cruel and unusual punishment.S. PowellButler 1/30/2023 1/30/2023 2023-Ohio-257
State v. Olvera CA2022-05-048Anders no error.Per CuriamButler 1/23/2023 1/23/2023 2023-Ohio-182
State v. Baker CA2022-06-062The trial court's decision finding appellant guilty of domestic violence following a bench trial was not against the manifest weight of the evidence where the trial court found the victim's testimony credible.S. PowellButler 1/23/2023 1/23/2023 2023-Ohio-183
State v. Ailes CA2022-07-067Anders no error.Per CuriamButler 1/23/2023 1/23/2023 2023-Ohio-184
In re V.R.R. CA2022-08-079That a children services agency does not liberalize visitation with a child does not mean that it did not make reasonable efforts to reunify the family where the evidence shows that the parents could not care for the child properly even during the highly supervised visits. Granting permanent custody of a young child to a children services agency may be in the child's best interest where the child has a strong bond with the foster family, the foster family wants to adopt the child, the child considers the foster family to be her family, and the child has no real bond with her parents.PiperButler 1/23/2023 1/23/2023 2023-Ohio-185
State v. Williams CA2021-11-021Anders no error.Per CuriamMadison 1/23/2023 1/23/2023 2023-Ohio-186
State v. Hamrick CA2021-06-028Defendant appeals aggravated murder conviction. Gruesome photographs had probative, not outweighed by danger of unfair prejudice. Demonstrative exhibit, aerial representation of the location of evidence, was relevant and admissible. State presented overwhelming evidence of guilt. Case was supported by the greater weight of the evidence.ByrneClermont 1/17/2023 1/17/2023 2023-Ohio-117
State v. Barefield CA2021-09-117Defendant on judicial release violated community control sanctions. Court revoked release and reimposed original prison term. Defendant argued sentence contrary to law under R.C. 2953.08(G)(2). Court of appeals held R.C. 2953.08(G)(2) not applicable to appellate review of revocation of community control and reimposition of a sentence under R.C. 2929.20(K). Abuse of discretion standard applied.ByrneButler 1/17/2023 1/17/2023 2023-Ohio-115
Berkheimer v. REKM, L.L.C. CA2022-03-026In a case arising from injuries suffered by the plaintiff after consuming a chicken bone in a boneless chicken wing, the trial court did not err in granting summary judgment in favor of the defendants where the record established the presence of a chicken bone in a boneless chicken wing prepared from a cubed chicken breast is a natural occurrence that plaintiff reasonably could have anticipated and guarded against.HendricksonButler 1/17/2023 1/17/2023 2023-Ohio-116
In re S.W. CA2022-08-013 & CA2022-08-014The juvenile court did not err by granting permanent custody of two of appellants' children to a children's services agency as such decision was supported by sufficient evidence and not against the manifest weight of the evidence where appellants failed to remedy the cause for the children's removal and where permanent custody was in the children's best interest.S. PowellPreble 1/17/2023 1/17/2023 2023-Ohio-118
State v. Hensley CA2021-06-055Because Marsy's Law defines a "victim" as a person who is both "directly and proximately" harmed by a criminal act, it is not enough that there be merely a causal connection between the criminal act and the harm ultimately sustained by a third-party such as an insurer. The resulting harm must not only be the "proximate" result of the criminal act but must also be the "direct" result of the criminal act. Because an insurance company is not a "victim" under Marsy's Law, there is no constitutional or statutory authority for a trial court to order a criminal defendant to pay restitution to an insurance company as part of his sentence.ByrneWarren 1/17/2023 1/17/2023 2023-Ohio-119
State v. Penwell CA2022-05-026Appellant's conviction for aggravated vehicular homicide and failure to stop after an accident was supported by the manifest weight of the evidence and was not based upon insufficient evidence. The state presented witnesses who observed appellant's noticeable impairment immediately prior to and immediately after the fatal collision with a pedestrian. Furthermore, appellant's own statements indicated that he was impaired at the time as was aware that he had struck something in the road. In addition, appellant did not receive ineffective assistance of counsel, as he raises only meritless issues. The video evidence introduced in testimony was properly authenticated. Furthermore, trial counsel was not ineffective for failing to object to indefinite sentencing under the Reagan Tokes Law.PiperWarren 1/17/2023 1/17/2023 2023-Ohio-120
In re Adult Protective Servs. of Devanan CA2022-06-039Woman appeals probate court decision granting petition for adult protective services and placing woman in nursing facility. Evidence supported probate court's decision that woman was in need of protective services. Due to numerous medical conditions, woman unable to provide for basic needs. Her current caretakers could not provide for needs due to serious alcohol abuse and medical issues.ByrneWarren 1/17/2023 1/17/2023 2023-Ohio-121
State v. Trafton CA2022-06-040The jury's verdict finding appellant guilty of complicity by aiding and abetting four co-defendants in a theft at a local electronics store was supported by sufficient evidence and was not against the manifest weight of the evidence where the record indicated appellant's role in the theft was serving as the driver both to and from the store where the theft occurred.S. PowellWarren 1/17/2023 1/17/2023 2023-Ohio-122
State v. Ellis CA2022-05-029Anders no error.Per CuriamWarren 1/9/2023 1/9/2023 2023-Ohio-47