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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Stuckey 4-22-04In order to establish an ineffective assistance of counsel claim, the appellant must prove that his trial counsel's performance was deficient and that this deficient performance operated to prejudice the appellant. In order to establish prejudice, the appellant must demonstrate that, in the absence of defense counsel's errors, there is a reasonable probability that the outcome of the proceeding would have been different.WillamowskiDefiance 11/21/2022 11/21/2022 2022-Ohio-4145
Findlay v. Martens 5-22-05SUMMARY JUDGMENT; SOVEREIGN IMMUNITY; VOLUNTARY DISMISSALPer CuriamHancock 11/21/2022 11/21/2022 2022-Ohio-4146
Lengacher Holdings, L.L.C. v. Witmer 11-22-03The trial court did not abuse its discretion by denying defendant-appellant's motion for leave to file his answer out of time.MillerPaulding 11/21/2022 11/21/2022 2022-Ohio-4147
Herman v. Herman 12-22-01Competent, credible evidence supports the trial court's determination that appellee/cross-appellant did not transform her separate property into marital property by gifting appellant/cross-appellee an interest in the property. Competent, credible evidence supports the trial court's valuation of the parties' vehicle. Application of the law of the case doctrine overcome where mistake in a previous appellate decision on marital property was within concept of manifest injustice. Further, because deviation from the law of the case results in a change to the distribution of marital assets, the trial court is directed to revisit the issue of spousal support on remand. The trial court erred by failing to address certain videos and photographs in its final judgment entry.Per CuriamPutnam 11/21/2022 11/21/2022 2022-Ohio-4148
State v. Patton 16-22-01As there was an adequate explanation of the circumstances of defendant-appellant's OVI offense, the trial court did not err by finding defendant-appellant guilty pursuant to her no-contest plea.MillerWyandot 11/21/2022 11/21/2022 2022-Ohio-4149
State v. Blessett 16-22-04Where jointly recommended sentence was imposed by the trial court and was not contrary to law, defendant could not challenge sentence by statute. Appropriate findings were made to impose sentence consecutive to sentence from another county.ShawWyandot 11/21/2022 11/21/2022 2022-Ohio-4151
State v. Day 1-22-32The indefinite sentencing provisions of the Reagan Tokes Law do not violate the separation-of-powers doctrine or infringe upon defendant-appellant's right of due process or right to a jury trial.MillerAllen 11/14/2022 11/15/2022 2022-Ohio-4064
State v. Brown 1-22-36The indefinite sentencing provisions of the Reagan Tokes Law do not violate the separation-of-powers doctrine or infringe upon defendant-appellant's right of due process or right to a jury trial.MillerAllen 11/14/2022 11/15/2022 2022-Ohio-4065
State v. Ohler 3-22-23Plea was knowingly, intelligently, and voluntarily entered after the trial court fully explained what would happen at sentencing if appellant violated the terms of her bond. Trial court's judgment sentencing appellant to prison rather than imposing community control was not subject to review when appellant argues that the sentence was not supported by R.C. 2929.11 and 2929.12.WillamowskiCrawford 11/14/2022 11/15/2022 2022-Ohio-4066
State v. Givens 5-21-33, 5-21-34The Reagan Tokes Law does not violate the separation of powers doctrine or the right to equal protection.WillamowskiHancock 11/14/2022 11/15/2022 2022-Ohio-4067
State v. Wyne 8-22-06, 8-22-07Defendant-appellant's sentence is not clearly and convincingly contrary to law.MillerLogan 11/14/2022 11/15/2022 2022-Ohio-4068
State v. West 13-22-07Because the defendant-appellant’s sentence is within the sentencing range and the trial court considered the purposes and principles of felony sentencing set forth under R.C. 2929.11 and 2929.12, her sentence is not contrary to law. The trial court’s order of restitution and order that the defendant-appellant pay the costs of prosecution is not contrary to law.ZimmermanSeneca 11/14/2022 11/15/2022 2022-Ohio-4069
In re R.H 3-22-18; 3-22-19; 3-22-20Where "review hearing" was sua sponte converted into legal custody hearing without notice to the parents and without a motion filed for legal custody, award of legal custody based on unsworn statements was erroneous.ShawCrawford 11/7/2022 11/7/2022 2022-Ohio-3961
State v. Eddy 1-22-17The State has the burden of proof where the affirmative defense of self-defense is properly raised. To carry this burden, the State need only disprove one element of self-defense. Evaluations of the amount of force used by the accused can be relevant in determining whether self-defense through non-deadly force is applicable in a case.WillamowskiAllen 11/7/2022 11/7/2022 2022-Ohio-3965
State v. Houston 1-21-52By pleading no contest, defendant-appellant waived his right to challenge on appeal the trial court's in limine ruling.ShawAllen 10/31/2022 10/31/2022 2022-Ohio-3869
State v. Coronado 1-22-07Conviction for R.C. 2941.145 firearm specification was supported by sufficient evidence and not against the manifest weight of the evidence.ShawAllen 10/31/2022 10/31/2022 2022-Ohio-3870
State v. Godsey 01-22-25The trial court did not err in its determination of the amount of jail-time credit under R.C. 2929.19(B)(2)(g)(i). Judgment affirmed.ZimmermanAllen 10/31/2022 10/31/2022 2022-Ohio-3871
State v. Collins 1-22-29There is not clear and convincing evidence that the record does not support defendant-appellant's sentence or that his sentence is otherwise contrary to law. The trial court properly imposed consecutive sentences under R.C. 2929.14(C)(4).ZimmermanAllen 10/31/2022 10/31/2022 2022-Ohio-3872
State v. Thomason 1-22-33Reagan Tokes Act.ShawAllen 10/31/2022 10/31/2022 2022-Ohio-3873
Balister v. C*Mac Transp., L.L.C. 2-22-06The trial court did not err by granting defendant motor carrier lessee’s motion for directed verdict after opening statement with respect to plaintiffs’ federal statutory and breach of contract claims. The trial court did not err by granting defendant towing company’s motion for directed verdict after opening statement with respect to its quasi-contract counterclaim against plaintiff owner-operator lessor. However, the trial court did err by granting defendant towing company’s motion for directed verdict after opening statement with respect to individual plaintiff’s personal liability in quasi-contract to defendant towing company.MillerAuglaize 10/31/2022 10/31/2022 2022-Ohio-3874
State v. Bell 3-22-11Community Control - Due process; Jail-time credit - R.C. 2929.19(B)(2)(g)(i); Judicial Release - R.C. 2929.20(K).ShawCrawford 10/31/2022 10/31/2022 2022-Ohio-3876
State v. Risner 6-21-12 & 6-21-13Defendant-appellant's violating-a-protection-order convictions are supported by sufficient evidence. Defendant-appellant's violating-a-protection-order convictions are not against the manifest weight of the evidence. Defendant-appellant did not receive ineffective assistance of trial counsel.MillerHardin 10/31/2022 10/31/2022 2022-Ohio-3877
State v. Risner 8-21-47Convictions for engaging in a pattern of corrupt activity and theft were supported by the evidence and were not against the weight of the evidence. Trial court did not abuse its discretion in providing a jury instruction on "consciousness of guilt/flight" and introduction of business records, even if they were not properly authenticated, did not materially prejudice Risner.ShawLogan 10/31/2022 10/31/2022 2022-Ohio-3878
State v. Shuff 13-22-06The trial court did not err by denying defendant-appellant’s motion to suppress. Judgment affirmed.ZimmermanSeneca 10/31/2022 10/31/2022 2022-Ohio-3880
State v. Lane 01-21-33Defendant-appellant's possession-of-drugs convictions and associated firearm specifications are supported by sufficient evidence. Defendant-appellant's possession-of-drugs convictions are not against the manifest weight of the evidence. The trial court did not abuse its discretion by declining to remove a juror who disclosed a relationship with a member of defendant-appellant's family. Plaintiff-appellee's improper comments during closing statements do not constitute plain error. The trial court did not abuse its discretion by issuing a jury instruction on complicity. Plaintiff-appellee did not breach an enforceable plea agreement. Defendant-appellant did not receive ineffective assistance of trial counsel. Defendant-appellant's sentences are neither unsupported by the record nor contrary to law.MillerAllen 10/24/2022 10/24/2022 2022-Ohio-3775
State v. Solomon 3-22-08Trial court erred by failing to advise the defendant regarding post-release control at the hearing in which a prison term was imposed. Since appellant was challenging the failure on direct appeal, the sentence is reversed and the matter remanded to the trial court for further proceedings.WillamowskiCrawford 10/24/2022 10/24/2022 2022-Ohio-3776
State v. Bolin 6-22-02Defendant's Alford Plea was knowingly, intelligently and voluntarily entered and trial court properly reviewed with the defendant the reasons for the plea. Sentence imposed pursuant to the "Reagan Tokes Law" was constitutional. Trial court did not err in imposing a prison sentence.WillamowskiHardin 10/24/2022 10/24/2022 2022-Ohio-3777
State v. Elliott 8-21-35When considering a conviction under the manifest weight standard, appellate courts are to weigh the evidence and consider its credibility. Constitutional challenges to the Reagan Tokes Law are ripe for review. Further, to prove a firearm specification, the State must provide some evidence that the gun was operable.WillamowskiLogan 10/24/2022 10/24/2022 2022-Ohio-3778
In re G.R. 13-22-03Trial court did not err in denying the mother's motion to either dismiss the complaint or hold it in abeyance. Trial court did not err in denying the motion for a continuance. Trial court's determination that child was an abused, neglected, and dependent child was not against the manifest weight of the evidence. Trial court did not err in admitting exhibits. Father was not denied the effective assistance of counsel.WillamowskiSeneca 10/24/2022 10/24/2022 2022-Ohio-3779
New Technology Products Pty, Ltd. v. Scotts Miracle-Gro Co. 14-21-22R.C. 1333.66 provides a four-year statute of limitations for claims. The discovery rule governs when the statute of limitations, under R.C. 1333.66, begins to run.WillamowskiUnion 10/24/2022 10/24/2022 2022-Ohio-3780
In re L.W. 16-22-03Statement of understanding was properly filed in the record and trial court did not abuse its discretion by awarding paternal grandmother legal custody of child.ShawWyandot 10/17/2022 10/17/2022 2022-Ohio-3696
State v. Allen 1-21-59Record did not demonstrate that pleas were anything other than knowing, intelligent, and voluntary. The record contains no evidence of a conflict of interest and challenges to Reagan Tokes Law overruled under our prior precedent.ShawAllen 10/11/2022 10/11/2022 2022-Ohio-3599
State v. Benedict 3-21-08The trial court did not err by denying defendant-appellant’s motion to sever. The trial court did not err in its evidentiary determinations regarding bias or motive to misrepresent. The trial court did not err by denying defendant-appellant’s motion to determine the reliability of the complaining witness since it ultimately involved a credibility determination reserved for the trier of fact. Defendant-Appellant did not receive ineffective assistance of counsel. Judgment affirmed.ZimmermanCrawford 10/11/2022 10/11/2022 2022-Ohio-3600
State v. Mofford 3-22-04Defendant-appellant's sentence is not clearly and convincingly contrary to law.MillerCrawford 10/11/2022 10/11/2022 2022-Ohio-3601
State v. Thompson 3-22-06Conviction for possession of fentanyl was supported by the evidence and was not against the weight of the evidence. In addition, Thompson's sentence was not contrary to law, he did not demonstrate that he received ineffective assistance of counsel, and he did not demonstrate how Crim.R. 26 would have impacted this case. Further, the cumulative error doctrine was not applicable.ShawCrawford 10/11/2022 10/11/2022 2022-Ohio-3602
State v. Carpenter 3-22-09R.C. 2929.15(C) allows a trial court to modify a sanction where the subject offender has, for a significant period of time, fulfilled the conditions of a sanction imposed under R.C. 2929.16, R.C. 2929.17, or R.C. 2929.18.WillamowskiCrawford 10/11/2022 10/11/2022 2022-Ohio-3603
State v. Bloom 3-22-17Trial court erred by accepting guilty plea without first advising defendant of State's burden to prove him guilty beyond a reasonable doubt at a trial.WillamowskiCrawford 10/11/2022 10/11/2022 2022-Ohio-3604
State v. Shoaf 5-21-21 & 5-21-22Trial court did not err in denying suppression motion regarding a traffic stop. Convictions for leaving the scene of an accident and OVI, inter alia, were not against manifest weight of the evidence. Trial court did not abuse its discretion by denying motion for mistrial. Appellant failed to demonstrate her trial counsel was ineffective.ShawHancock 10/11/2022 10/11/2022 2022-Ohio-3605
State v. Newman 6-22-04Because defendant-appellant's sentence was recommended jointly and authorized by law, defendant-appellant's sentence was not subject to review. The trial court did not abuse its discretion by imposing the remainder of defendant-appellant's post-release control as a prison term.MillerHardin 10/11/2022 10/11/2022 2022-Ohio-3607
State v. Morris 7-21-05The trial court did not err by admitting defendant-appellant's written assertions, which did not constitute evidence of other crimes, wrongs, or acts under Evid.R. 404(B). The trial court did not err by admitting a lay witness’s out-of-court identification. Defendant-appellant’s burglary and menacing-by-stalking convictions are based on sufficient evidence and are not against the manifest weight of the evidence. Defendant-appellant's challenges to Reagan Tokes Law are rejected based upon our prior precedent. Judgment affirmed.ZimmermanHenry 10/11/2022 10/11/2022 2022-Ohio-3608
State v. Guerra 12-22-05The defendant-appellant's conviction is based upon sufficient evidence and is not against the manifest weight of the evidence. The judgment of the trial court is affirmed.ZimmermanPutnam 10/11/2022 10/11/2022 2022-Ohio-3609
State v. Stokley 3-22-07Because a trial court is limited to reimposing the remainder of a defendant-appellant's original sentence when the defendant-appellant's judicial release is revoked, the defendant-appellant's argument that the trial court was required to fully consider the principles and purposes of felony sentencing under R.C. 2929.11 and 2929.12 as if it were sentencing him anew is misplaced.ZimmermanCrawford 10/11/2022 10/13/2022 2022-Ohio-3647
Flack v. Avita Health Sys. 3-22-03The trial court did not err by granting summary judgment in favor of defendant-appellee.MillerCrawford 10/3/2022 10/3/2022 2022-Ohio-3517
State v. Starbird 6-21-08The conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. Jury was not required to make inferences upon inferences as there was separate evidence to support each inference. Evidence Rule 601 requirement that medical expert have an active clinicla practice does not apply in criminal cases as the language of the rule restricts it to matters of civil liability in medical claim cases.WillamowskiHardin 10/3/2022 10/3/2022 2022-Ohio-3518
State v. Morrissey 6-22-06The Reagan Tokes Law does not violate the right to trial by jury or procedural due process rights. Under the doctrine of the law of the case, a trial court, on remand, is not free to disregard the instructions of the reviewing court.WillamowskiHardin 10/3/2022 10/3/2022 2022-Ohio-3519
State v. Nelson 6-22-07Criminal law - Court-appointed-counsel fees--R.C. 2941.51(D); sex offenders - verification of current address--R.C. 2950.06ShawHardin 10/3/2022 10/3/2022 2022-Ohio-3520
State v. Lilly 8-22-13Trial court did not err in denying motion to suppress based upon continuation of the stop when officer testified to smelling the odor of an alcoholic beverage about the driver, slurred speech, sluggish movements, and an admission of drinking. This justified extending the stop to perform field sobriety tests. The trial court erred by finding the defendant guilty of an OVI with Refusal when the defendant was not charged with refusing the BAC test and actually performed the test in such a manner as to yield a valid result.WillamowskiLogan 10/3/2022 10/3/2022 2022-Ohio-3521
State v. Sims 13-21-14The trial court did not abuse its discretion by determining that defendant/appellant was not competent to stand trial. The defendant/appellant had sufficient knowledge of the particular facts and circumstances of his individual case and possessed sufficient competence to understandingly and wisely waive representation by counsel. The trial court did not err by retaining jurisdiction over defendant/appellant and committing him to Twin Valley Behavioral Healthcare-Moritz. The trial court erred by imposing consecutive terms of involuntary commitment in violation of R.C. 2945.401(J)(1).ZimmermanSeneca 9/26/2022 9/26/2022 2022-Ohio-3365
State v. Lucas 1-21-53, 1-21-54, 1-21-55Defendant-appellant's involuntary-manslaughter and possession-of-drugs convictions are supported by sufficient evidence. Defendant-appellant's involuntary-manslaughter and possession-of-drugs convictions are not against the manifest weight of the evidence. The trial court did not abuse its discretion by joining the three indictments for purposes of a single trial.MillerAllen 9/19/2022 9/19/2022 2022-Ohio-3278
State v. Fenter 11-22-01The trial court did not err by denying defendant-appellant's motion to suppress evidence.MillerPaulding 9/19/2022 9/19/2022 2022-Ohio-3279
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