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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Godsey 1-22-59R.C. 2911.02(A)(2); Physical-Harm Robbery; Ineffective Assistance of Counsel. The State's evidence that defendant-appellant committed robbery was legally sufficient and his conviction was not against the manifest weight of the evidence. Defendant-appellant's trial counsel was not ineffective in a manner that prejudiced him. The trial court did not err in not instructing the jury on the lesser-included offense of theft for the robbery count.MillerAllen 2/20/2024 2/20/2024 2024-Ohio-629
State v. Carroll 3-23-33Sufficiency of the Evidence; Manifest Weight; Obstructing Justice. Conviction for obstructing justice supported by the evidence.MillerCrawford 2/20/2024 2/20/2024 2024-Ohio-628
State v. Brown 7-23-05Sufficient Evidence; Pattern of Corrupt Activity; Venue. To establish venue in a prosecution for engaging in a pattern of corrupt activity in violation of R.C. 2923.32(A)(1), the State need only prove that any portion of the pattern of corrupt activity transpired in the jurisdiction where the trial is held. The State does not need to establish that the defendant was physically present in the forum county if the defendant pariticipated in an enterprise that was active in the forum county.WillamowskiHenry 2/20/2024 2/20/2024 2024-Ohio-627
In re J.R. 8-23-07; 8-23-08Void judgment, subject matter jurisdiction, personal jurisdiction, manifest weight, reasonable efforts, best interest, effective assistance of counsel. Trial court did not lose jurisdiction when it had subject matter jurisdiction and respondent waived service agreeing to personal jurisdiction. Agency testified that reasonable efforts to reunify the family were made and trial court made the required findings. Trial court's determination to grant permanent custody was not against the manifest weight of the evidence when the child had been in the custody of the agency for 16 out of the prior 22 months and termination of parental rights was in the best interest of the child. Trial court did not err in denying the motion for legal custody of child, trial court did not err in granting a stay of the proceedings while an appeal by a third party was pending. Respondent was not denied the effective assistance of counsel.WillamowskiLogan 2/20/2024 2/20/2024 2024-Ohio-626
State v. Morgan 14-23-27, 14-23-28Consecutive Sentences; R.C. 2929.14(C)(4); R.C. 2953.08(G)(2); Felony Sentencing Review; Ineffective Assistance of Counsel. R.C. 2953.08(G)(2) provides a basis for an appellate court to determine whether a trial court's R.C. 2929.14(C)(4) findings are supported by the record. The appellant cannot establish the prejudice prong of an ineffective assistance of counsel claim if it is an argument that only speculates about the contents of materials that exist outside of the record.WillamowskiUnion 2/20/2024 2/20/2024 2024-Ohio-625
In re S.M. 9-23-30R.C. 2151.414; Permanent custody; Manifest weight of the evidence; App.R. 9; Record on appeal. The judgment of the trial court granting permanent custody to the children's services agency was not against the manifest weight of the evidence and the record on appeal was sufficient for appellate review.WaldickMarion 2/12/2024 2/12/2024 2024-Ohio-517
State v. Schleter 13-23-25Motion to suppress; Warrantless search; Exigent circumstances. The trial court did not err in overruling defendant-appellant's motion to suppress, as the warrantless entry into appellant's home was justified by exigent circumstances.WaldickSeneca 2/12/2024 2/12/2024 2024-Ohio-514
State v. Pena 13-23-24Motion to suppress; Warrantless search; Exigent circumstances. The trial court did not err in overruling defendant-appellant's motion to suppress, as the warrantless entry into appellant's home was justified by exigent circumstances.ZimmermanSeneca 2/12/2024 2/12/2024 2024-Ohio-515
State v. Tucker 13-23-17Evid.R. 403(A); Evid.R. 403(B); plain-error review; manifest weight of the evidence; witness-credibility determination. Defendant-appellant failed to develop a plain-error argument on appeal, and thus we will not fashion one for him. Hence, we will not address his evidentiary arguments. The defendant-appellant’s failure-to-comply conviction is not against the manifest weight of the evidence.ZimmermanSeneca 2/12/2024 2/12/2024 2024-Ohio-516
State v. Patterson 5-23-31Postconviction motion to dismiss indictment; res judicata; motion for leave to file a delayed motion for new trial; Crim.R. 33; clear and convincing standard. Defendant-appellant’s postconviction motion to dismiss the indictment is barred by the doctrine of res judicata. The trial court did not abuse err by not holding an evidentiary hearing on defendant-appellant’s motion.ZimmermanHancock 2/12/2024 2/12/2024 2024-Ohio-519
State v. Frazier 6-23-13R.C. 2953.08; Felony Sentence; Presumption of Regularity; Jointly Recommended Sentence. The appellant has the burden of affirmatively demonstrating any error alleged on appeal. If the trial court imposes a jointly recommended sentence that is authorized by law, R.C. 2953.08(D)(1) states that the felony sentence is not reviewable under R.C. 2953.08. Further, a presumption of regularity attaches to the proceedings at the trial court.WillamowskiHardin 2/12/2024 2/12/2024 2024-Ohio-518
State v. Kalvitz 7-23-11; 7-23-12Voluntariness of guilty plea; Trial court participation in plea negotiations; Post-release control. Comments made by the trial court and the court's limited participation in the plea negotiation process did not coerce defendant-appellant's guilty pleas. However, in one of these consolidated cases, the trial court did err in the imposition of post-release control.WaldickHenry 2/5/2024 2/5/2024 2024-Ohio-392
Wilhelm v. Advanced Drainage Sys., Inc. 5-23-16Summary judgment; Civ.R. 56; Workers' compensation; COVID-19; Occupational disease. The trial court did not err in granting summary judgment in favor of defendant-appellee, as plaintiff-appellant failed to establish a genuine issue of material fact with regard to his claim that COVID-19 was a compensable occupational disease.WaldickHancock 2/5/2024 2/5/2024 2024-Ohio-390
Rader v. RLJ Mgt. Co., Inc. 5-23-37Landlord-Tenant; Civ.R. 8; Notice Pleading; Negligence per se; open and obvious. Trial court did not err by determining that open and obvious nature of pothole precluded common law claim by tenant against landlord. However, trial court erred by determining complaint did not sufficiently raise a claim of a violation of the landlord-tenant act where complaint asserted negligence and that plaintiff was a tenant.WaldickHancock 2/5/2024 2/5/2024 2024-Ohio-391
State v. Dearmond 8-22-41Ineffective Assistance of Counsel; Jury Instructions; Self-Defense. Defendant-appellant failed to demonstrate that he received ineffective assistance of counsel. The trial court did not abuse its discretion by denying defendant-appellant's request for a jury instruction on self-defense.MillerLogan 2/5/2024 2/5/2024 2024-Ohio-393
State v. Fulker 3-23-27Manifest Weight; Credibility Determination; Thirteenth Juror. The finders of fact are free to believe some, all, or none of a witness's testimony. The fact that the jury did not believe the defendant's testimony does not render a conviction as being against the manifest weight of the evidence.WillamowskiCrawford 2/5/2024 2/5/2024 2024-Ohio-388
State v. Bohach 3-23-28; 3-23-29SUFFICIENCY OF THE EVIDENCE; MANIFEST WEIGHT OF THE EVIDENCE; CRIMINAL TRESPASSING; OBSTRUCTING OFFICIAL BUSINESS. The defendant-appellant’s criminal-trespassing convictions are based on sufficient evidence and are not against the manifest weight of the evidence. The defendant-appellant’s obstructing-official-business conviction is based on insufficient evidence.ZimmermanCrawford 2/5/2024 2/5/2024 2024-Ohio-389
State v. Owsley 2-23-09Reserved Sentence; Ripeness. An appellate challenge to a prison-term reserved for a potential community control violation is not ripe until the reserved term of imprisonment is imposed for a community control violation in a sentencing order.WillamowskiAuglaize 2/5/2024 2/5/2024 2024-Ohio-387
Einbecker v. Gates Corp. 1-22-62Hazardous Materials Transportation Act; Hazardous Materials Regulations; The Ohio Products Liability Act; preemption; judgment on the pleadings; Civ.R. 12(C). The trial court erred in granting the defendant-appellee’s judgment on the pleadings request.ZimmermanAllen 2/5/2024 2/5/2024 2024-Ohio-385
State v. Catlett 1-22-83; 1-23-06MANIFEST WEIGHT; ABDUCTION; GROSS SEXUAL IMPOSITION; SEX-OFFENDER REGISTRATION. Defendant-appellant’s abduction and gross-sexual-imposition convictions are not against the manifest weight of the evidence. Because the trial court’s reconsideration of a final and appealable order is a nullity and not subject to appeal, this court lacks jurisdiction to consider whether the defendant-appellant’s sentence is contrary to law.ZimmermanAllen 2/5/2024 2/5/2024 2024-Ohio-386
State v. Rocubert 17-23-11Motion to dismiss indictment; Double Jeopardy; Vehicular Manslaughter, Vehicular Homicide, Aggravated Vehicular Homicide. The trial court did not err in overruling the defendant-appellant's motion to dismiss the indictment on the basis of double jeopardy.WaldickShelby 2/5/2024 2/5/2024 2024-Ohio-395
State v. Bricher 10-23-02Drug Trafficking; Engaging in a Pattern of Corrupt Activity; Jury Instructions; R.C. 2925.03; R.C. 2923.32(A)(1); R.C. 2923.31(E); R.C. 2923.31(I)(2)(c). Defendant-Appellant's convictions for drug trafficking and for engaging-in-a-pattern-of-corrupt-activity were not against the manifest weight of the evidence. Despite failure in the jury instructions to define the threshold dollar amount for drug trafficking to qualify as a predicate offense to engaging in a pattern of corrupt activity, the omission did not result in a manifest miscarriage of justice.MillerMercer 2/5/2024 2/5/2024 2024-Ohio-394
State v. Shockey 9-23-22Sufficiency; Manifest Weight; Verdict Forms; Jury Instructions. Although the convictions were supported by the evidence, verdict forms did not comply with R.C. 2945.75(A)(2) requiring reversal and a reduction to the lowest level of the offenses.WaldickMarion 1/29/2024 1/29/2024 2024-Ohio-296
State v. Stevens 1-22-81identifying statements, hearsay, Evid.R. 803(2), excited utterance, ineffective assistance, Evid.R. 404(B), other-acts evidence, cumulative-error doctrine, Reagan Tokes Law, court costs, R.C. 2947.23(C).HessAllen 1/22/2024 1/22/2024 2024-Ohio-198
State v. Doseck 8-23-13Mootness of Appeal. This appeal is moot because defendant-appellant does not challenge the underlying convictions, but instead only challenges the sentence he has already completed.MillerLogan 1/22/2024 1/22/2024 2024-Ohio-199
Rodriguez v. Galion 3-23-38Subject Matter Jurisdiction; Where record was unclear as to when commission received notice of appeal, dismissal for lack of subject matter jurisdiction was not appropriate.WaldickCrawford 1/16/2024 1/16/2024 2024-Ohio-129
State v. Sessom 4-23-10Speedy Trial; Ineffective Assistance of Counsel; Guilty Plea. The entry of a guilty plea generally waives the right to challenge a conviction on statutory speedy trial grounds on appeal. Crim.R. 11(C)(2)(c) does not require a trial court to expressly inform the defendant that a guilty plea waives the constitutional right to a speedy trial.WillamowskiDefiance 1/16/2024 1/16/2024 2024-Ohio-130
State v. Vawter 5-23-28R.C. 2929.14(B)(4); Notice at sentencing of reserved prison terms; Resentencing. The trial court erred in sua sponte resentencing the defendant in an attempt to correct an oversight that occurred at the original sentencing hearing.WaldickHancock 1/16/2024 1/16/2024 2024-Ohio-131
State v. Davis 9-23-19Sufficiency of the Evidence; Merger; Revival of Guilty Verdict. Evidence was not sufficient to support a conviction for trafficking in a fentanyl-related compound when there was no evidence that the defendant intended to sell the drugs or knew they were transported for the purpose of sale. Since the trafficking charge was the selected verdict when the possession verdict was merged for the purpose of sentencing, it fails. This failure on appeal revives the possession verdict, which is supported by the evidence. The matter is remanded for the purpose of sentencing on the possession guilty verdict.WillamowskiMarion 1/16/2024 1/16/2024 2024-Ohio-132
State v. Oburn 9-23-33Sufficiency of the Evidence; Possession of a Deadly Weapon while Detained at a Correctional Facility. The evidence was sufficient to show that the defendant was in possession of an item capable of inflicting death while incarcerated in a prison.WillamowskiMarion 1/16/2024 1/16/2024 2024-Ohio-133