SCOH Lapel Pin Opinions and Announcements

Reporter of Decisions - Opinions & Announcements

Opinion Search Filter Settings
Use standard search logic for the Opinion Text Search (full-text search). To search the entire web site click here
Opinion Text Search:   What is Opinion Text Search?
Source:    What is a Source?
Year Decided From:
Year Decided To:    What is Year Decided?
Year Decided Range Warning:
County:    What is County?
Case Number:    What is Case Number?
Author:    What is Author?
Topics and Issues:    What are Topics and Issues?
WebCite No: -Ohio-    What is a Web Cite No.? WebCite and Citation are unique document searches. If a value is entered in the WebCite or Citation field, all other search filters are ignored. If values are entered in both the WebCite and Citation fields, only the WebCite search filter is applied.
Citation:    What is Citation?
This search returned 83 rows. Rows per page: 
12
Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Paul 24CA20Attempted burglary; sufficiency of the evidence; manifest weight of the evidence; physical facts rule; sentencing errorHessWashington 6/10/2025 6/13/2025 2025-Ohio-2088
State v. Hodges 24CA4061Sufficient evidence supported appellant's convictions; convictions were not against the manifest weight of the evidence; trial court did not commit reversible error when it accepted a jury instruction after closing arguments; trial court did not commit reversible error when it denied trial counsel's request for a jury instruction regarding mere presence; and cumulative effect of trial court's errors did not warrant reversal.AbeleScioto 6/3/2025 6/9/2025 2025-Ohio-2050
State v. Norris 24CA1sufficiency of the evidence; manifest weight of the evidence; self-defense; ineffective assistance of counsel; jail call; competency evaluation; inconsistent verdictsHessHighland 5/29/2025 6/2/2025 2025-Ohio-1976
In re T.M. 25CA5permanent custody; manifest weight; R.C. 2151.414(B)(1)(b); R.C. 2151.414(D)(1); best interest; legally secure permanent placementHessHighland 5/29/2025 6/2/2025 2025-Ohio-1977
James v. James 24CA1207divorce; property division; jurisdiction; Civ.R. 75(F)HessAdams 5/28/2025 6/2/2025 2025-Ohio-1975
State v. Robinson 23CA5 & 23CA6Resisting arrest; operating a vehicle impaired ("OVI"); no contest plea; waiver; forfeiture; plain error; ineffective assistance of counsel; motion to suppress; Fourth Amendment; parked vehicle; consensual encounter; community caretaking exception; traffic stop; investigatory stop; field sobriety tests; reasonable articulable suspicion; probable cause; totality of the circumstances; Crim.R. 12(C)(3); Crim.R. 12(H)WilkinAthens 5/22/2025 5/1/2025 2025-Ohio-1537
Worthy v. Hawthorne 23CA27Manifest weight of the evidence; prescriptive easement; clear and convincing evidence; abandonment; stare decisisWilkinLawrence 5/22/2025 5/29/2025 2025-Ohio-1941
State v. Gutierrez 24CA24validity of guilty plea; Crim.R. 11(C)(2)(a); mandatory minimum fine; Reagan Tokes Law; mandatory prison term; eligibility for community control; motion to withdraw guilty plea; R.C. 2929.19(B)(2)(c)HessRoss 5/22/2025 5/27/2025 2025-Ohio-1884
State v. Smith 24CA39guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2); forfeitureHessRoss 5/22/2025 5/27/2025 2025-Ohio-1885
State v. Dalton 24CA4078sufficiency of the evidence; manifest weight of the evidence; felonious assault; R.C. 2903.11(A)(1); self-defense; violating a protection order; R.C. 2919.27(A)(1); recklesslyHessScioto 5/20/2025 5/22/2025 2025-Ohio-1840
State v. Lucas 23CA4018Hybrid Representation, Motion to Suppress, Pro Se Litigant, Waiver of Counsel, Crim.R. 44, Odor of Marijuana, Standby Counsel, Right to Self-Representation, Definition of Seizure, Pacing, Mere Following Does Not Constitute SeizureWilkinScioto 5/20/2025 5/28/2025 2025-Ohio-1918
Pryor v. Pryor 24CA10partition; subject-matter jurisdiction; res judicata; due processHessWashington 5/19/2025 5/23/2025 2025-Ohio-1854
State v. Miller 23CA15CRIMINAL-INEFFECTIVE ASSISTANCE-DEFENSE OF OTHERS-SUFFICIENCY-CONCEDED ERROR-REAGAN TOKES LAW-R.C. 2929.19(B)(2)(C) NOTIFICATIONS - Trial counsel's failure to object to incomplete defense of others instruction and failure to request a lesser included offense instruction did not result in ineffective assistance of counsel; appellant's conviction is supported by sufficient evidence; the matter is remanded for resentencing due to the trial court's failure to provide R.C. 2929.19(B)(2)(c) notifications as required by the Reagan Tokes Law; the State concedes that a clerical error contained in the final judgment entry requires correction on remand.SmithHighland 5/19/2025 5/28/2025 2025-Ohio-1920
State v. McFarland 23CA13 & 23CA14CRIMINAL-CONSECUTIVE SENTENCES-INEFFECTIVE ASSISTANCE OF COUNSEL-MOOTNESS - Because the consecutive sentences imposed by the trial court are contrary to law and are not supported by the record, the judgments of the trial courts are reversed, the sentences are vacated, and these matters are remanded to the trial court for resentencing; the appellant's argument that she received ineffective assistance of counsel if moot.SmithHocking 5/15/2025 5/21/2025 2025-Ohio-1816
State v. Dye 24CA2JOINTLY-RECOMMENDED SENTENCE - A trial court is generally not bound by a joint sentencing recommendation; a trial court does not err by imposing a sentence that exceeds the jointly-recommended sentence when the trial court has informed the defendant of the applicable penalties and has forewarned the defendant of the possibility of imposing a harsher sentence; the contents of a written plea agreement and statements of counsel during the plea hearing may be considered to discern whether a defendant was forewarned.SmithAthens 5/15/2025 6/2/2025 2025-Ohio-1973
State v. Kerns 24CA5Sentencing errors; sentencing notifications; R.C. 2953.08(G)(2); seriousness; recidivism; R.C. 2929.12; mandatory prison term; R.C. 2929.19(B)(2)(a)HessJackson 5/7/2025 5/12/2025 2025-Ohio-1703
State v. Brigner 23CA14, 24CA23R.C. 2929.19(B)(2)(g)(i), Restitution, Jail-Time Credit, Res Judicata, Plain Error, Appellant Must Provide Transcript, R.C. 2929.19(B)(2)(g)(iii)WilkinAthens 5/5/2025 5/15/2025 2025-Ohio-1753
In re N.J. 24CA17Permanent custody—the trial court’s permanent custody judgment was not against the manifest weight of the evidence; the children had been in the agency’s temporary custody for approximately two years; competent and credible evidence supported the trial court’s best interest determination; appellant abandoned the children by failing to visit them for over one year; the mother abandoned the children by failing to visit them for more than 90 days; the three youngest children were happy in the foster home, and the foster parents intended to adopt them; the oldest child lived in a residential facility due to behavioral issues but ultimately wished to be placed with his siblings; the three youngest children wished to remain in the foster home, and the guardian ad litem recommended that the court place all four children in the agency’s permanent custody; neither parent had obtained a stable home for the childrenWilkinHighland 5/1/2025 5/6/2025 2025-Ohio-1641
State v. Groves 24CA6 & 24CA8In order for a knowing, voluntary and intelligent plea, a defendant must be correctly advised of the ramifications of that plea.AbeleAdams 4/25/2025 5/5/2025 2025-Ohio-1616
State v. Taylor 24CA18Because appellant could have raised his claim in his direct appeal, the doctrine of res judicata now bars consideration of that claim.AbeleLawrence 4/25/2025 4/29/2025 2025-Ohio-1518
In re P.G. 24CA10 & 24CA11PERMANENT CUSTODY - trial court's judgment placing children in the agency's permanent custody was not against the manifest weight of the evidence.SmithMeigs 4/22/2025 4/29/2025 2025-Ohio-1521
State v. Robinson 23CA5 & 23CA6Resisting arrest; operating a vehicle impaired ("OVI"); no contest plea; waiver; forfeiture; plain error; ineffective assistance of counsel; motion to suppress; Fourth Amendment; parked vehicle; consensual encounter; community caretaking exception; traffic stop; investigatory stop; field sobriety tests; reasonable articulable suspicion; probable cause; totality of the circumstances; Crim.R. 12(C)(3); Crim.R. 12(H)WilkinAthens 4/22/2025 5/1/2025 2025-Ohio-1539
Marietta v. Professional Serv. Industries, Inc. 23CA12CIVIL-CONTRACTS-AGREEMENTS INCORPORATED BY REFERENCE-SUPPLEMENTAL CONTRACT-SUPERSEDING CONTRACT - Where conduct of Plaintiff/Appellant in attaching second written agreement as an exhibit to original agreement, and subsequently attaching the original agreement to Plaintiff/Appellant's Complaint strongly suggested that Plaintiff/Appellant viewed both agreements as one fully integrated document, and where on motion practice, Plaintiff/Appellant further failed to introduce evidence that second agreement was intended to replace original agreement, trial court did not err in finding that the second agreement was not a "standalone" contract intended to replace original agreement, and that the contractual relationship between the parties was clear and unambiguous, and thus did not err in granting summary judgment to Defendants/Appellees as a matter of law.SmithWashington 4/22/2025 4/30/2025 2025-Ohio-1530
Feick v. Miller 23CA14Wrongful Death, Judgment on the Pleadings, Civ.R. 12 (C), App.R. 16(A)(3) and (4), Homeowner Insurance Policies, Intentional Acts Exclusion, Criminal Acts Exclusion, Civ.R. 7(A), Civ.R. 10(C), Interpretation of Insurance Policy, Doctrine of Inferred Intent, Public Policy - Insurance PoliciesWilkinWashington 4/22/2025 5/1/2025 2025-Ohio-1538
State v. Brooks 24CA27Trial court did not violate appellant's due process rights when it denied his successive motion to withdraw his plea.AbeleAthens 4/21/2025 4/24/2025 2025-Ohio-1468
Dills v. Hogsett 24CA15Evidence insufficient for issuance of Civil Stalking Protection Order.AbeleLawrence 4/21/2025 4/28/2025 2025-Ohio-1496
State v. Jeffers 22CA36Failure to comply with an order or signal of a police officer, R.C. 2921.331 (B), manifest weight of the evidence, pursuit, single photo identification, best practice photo array, high speed chase, Bureau of Motor Vehicles ("BMV") images, Photo lineup, and R.C. 2933.83WilkinRoss 4/15/2025 4/17/2025 2025-Ohio-1388
State v. Duncan 23CA16CRIMINAL-INVESTIGATORY STOP-MARKED LANES-SUPPRESSION - The investigatory stop of appellant's vehicle was lawful where the officer observed two marked lanes violations, despite the absence of dashcam video footage in support of the trooper's testimony; evidence of appellant's failure to ascertain that traveling outside the marked lanes could be done safely was not required in order to find the stop justified.SmithGallia 4/15/2025 4/28/2025 2025-Ohio-1504
State v. Erskine 24CA18R.C. 2929.14(C)(10) specifies that a definite prison sentence should be served prior to an indefinite sentence.AbeleHighland 4/14/2025 4/18/2025 2025-Ohio-1400
In re K.K. 24CA36parental rights; ineffective assistance of counsel; continuance; best interest of the child; manifest weight of the evidenceHessAthens 4/7/2025 4/11/2025 2025-Ohio-1282
State v. Ballein 24CA18Trial court erred when it granted motion to suppress evidence.AbeleRoss 4/3/2025 4/8/2025 2025-Ohio-1240
State v. Lansing 24CA19Trial court erred when it granted motion to suppress evidence.AbeleRoss 4/3/2025 4/8/2025 2025-Ohio-1241
E. Ohio Gas Co. v. Strahler 24CA14Motion to dismiss-trial court erred by dismissing complaint when complaint's general allegation that appellee caused appellant injury satisfied pleading standard for standing to sue; trial court erred by determining that two-year statute of limitations that applies to injuring personal property barred complaint when complaint failed to conclusively show that damaged property was personal property.AbeleWashington 4/3/2025 4/11/2025 2025-Ohio-1285
State v. Howard 24CA9abuse of discretion; community control revocation; competency determination; mitigating factorHessRoss 4/2/2025 4/7/2025 2025-Ohio-1220
State v. Doyle 23CA19Permitting Drug Abuse, R.C. 2925.13; Guilty Plea, Crim.R. 11, Constitutional Rights, Non-Constitutional Rights; Knowing, Intelligent, and Voluntary; De Novo; Crim.R. 32.1, Motion to Withdraw a Plea; Presentence Motion to Withdraw is Freely and Liberally Granted, Post Sentence Motion to Withdraw Granted Only to Correct a Manifest InjusticeWilkinRoss 4/1/2025 4/8/2025 2025-Ohio-1234
State v. Scott 23CA921Voyeurism, R.C. 2907.08; sex offender; Crim.R. 11(E), Misdemeanor, Petty Offense, No Contest Plea, Crim.R. 11(B), Effect of the Plea, De Novo, Non-Constitutional Right, Substantial Compliance; Ineffective Assistance of Counsel, Deficient Performance, Prejudice, Properly Licensed Attorney Presumed CompetentWilkinPike 4/1/2025 4/9/2025 2025-Ohio-1244
State v. Collins 23CA15 & 23CA16Judicial Release, Felony Sentencing, Consecutive Sentences, Notification of Consecutive Sentences, Failure to Register, Failure to Provide Notice of Change of Address, Post-Release Control, Reimposition of Prison Term, Community Control, R.C. 2953.08, R.C. 2929.15, R.C. 2929.20, Difference Between Community Control and Judicial Release, R.C. 2929.20(K), R.C. 2929.14(A)(2), Revocation of Community Control, R.C. 2967.28, R.C. 2967.01(N), Adm.Code 5120:1-1-41, Crim.R. 36, Nunc Pro Tunc Entry, Difference Between Post-Release Control and Judicial ReleaseWilkinHocking 4/1/2025 4/7/2025 2025-Ohio-1230
State v. Stricklett 24CA1186CRIMINAL-COMMUNITY CONTROL-R.C. 2929.15-REVOCATION - Upon revocation of community control by Appellant's admission to charged substance abuse problems, trial court did not impose a prison term contrary to law where although trial judge mentioned prior unrelated and uncharged criminal conduct, record also revealed Appellant's half-hearted attempts to comply with conditions of community control, high risk of offending, and lack of remorse despite having had multiple opportunities and great family support.SmithAdams 4/1/2025 4/9/2025 2025-Ohio-1247
State v. Nickell 23CA10Appellee adduced sufficient evidence, if believed, to prove each element of the offenses of rape, sexual battery and gross sexual imposition and to support those convictions; the convictions are not against the manifest weight of the evidence; the trial court made the required consecutive sentencing findings; remote testimony did not violate defendant's confrontation rights; expert testimony proper; and no-contact order vacated.AbeleJackson 3/28/2025 4/8/2025 2025-Ohio-1232
State v. Remy 24CA702Fourth Amendment, motion to suppress, exclusionary rule, good faith exception, recalled warrantHessVinton 3/27/2025 3/31/2025 2025-Ohio-1137
State v. Neff 23CA14, 23CA16, 23CA17, 23CA18Failure to Appear, R.C. 2937.99, Recklessness, R.C. 2901.22(C); Tampering with Evidence, R.C. 2929.12; Vandalism, R.C. 2909.05; Breaking and Entering, R.C. 2911.13; Force, Stealth, Deception; Theft, R.C. 2113.02; Sufficiency of the Evidence; Manifest Weight of the Evidence, Manifest Miscarriage of Justice; Direct Evidence, Circumstantial EvidenceWilkinLawrence 3/26/2025 4/1/2025 2025-Ohio-1171
State v. Myers 23CA7R.C. 2925.03(A)(2), R.C. 2925.11, Motion to Suppress, Drug Possession, Sufficiency of Evidence, Manifest Weight of Evidence, Aggravated Trafficking, Drug Trafficking Behavior, Multi-State Trip, Personal Use, Rental Car, Extension of Traffic Stop, Continued Detention, Probable Cause to Search, Odor of Marijuana, Totality of Circumstance, Automobile Exception to Warrant Requirement, Miranda, Confessions, Custodial Interrogation, Coercive Tactics, State Action, Miranda Necessary Only if State Agent, Circumstantial Evidence, Drugs Intended for ResaleWilkinGallia 3/26/2025 4/1/2025 2025-Ohio-1169
State v. Ogden 23CA1174Felony sentencing, Community control, Voluntariness of plea, Consequences of plea, County jail sentence as possible community control sanction, R.C. 2929.16(A)(2), R.C. 2929.17 and R.C. 2929.18, theft, R.C. 2953.08(G), Clear and convincing evidence, R.C. 2929.11, R.C. 2929.12, Crim.R. 11(C)(2), R.C. 2929.15, House arrest, Maximum penalty, Defendant must know at time of plea the possible ramifications of his plea, not the future sentencing decision of the trial courtWilkinAdams 3/25/2025 4/1/2025 2025-Ohio-1168
In re R.S. 24CA12Permanent custody—trial court's judgment was not against the manifest weight of the evidence when clear and convincing evidence showed that the children had been in the agency's temporary custody for 12 or more months of a consecutive 22-month period and that placing the children in the agency's permanent custody would serve the children's best interestsWilkinJackson 3/25/2025 4/1/2025 2025-Ohio-1170
Plymale v. Plymale 23CA13Divorce-Ohio Public Employees Retirement System-former wife was not entitled to a constructive trust over 25 percent of survivor benefits paid to former husband's surviving spouse.AbeleJackson 3/12/2025 3/18/2025 2025-Ohio-911
State v. Hughes 24CA1 & 24CA2Trial court did not err when it did not merge defendant's rape conviction and gross sexual imposition conviction for sentencing because rape and gross sexual imposition were not allied offenses of similar import; record does not clearly and convincingly fail to support the trial court's imposition of consecutive sentences; trial counsel did not render ineffective assistance of counsel.AbeleHocking 3/12/2025 3/17/2025 2025-Ohio-894
Ohio Valley Elec. Corp. v. First Energy Corp. 23CA923CIVIL-ARBITRATION-R.C. 2711.02-EQUITABLE ESTOPPEL - Where Appellees (nonsignatory parties) sought to compel arbitration of fraudulent transfer claims against Appellant/signatory party to controlling document, trial court erred in granting motion to compel; dispute amongst the parties was not rare circumstance where substantially interdependent conduct required application of doctrine of equitable estoppel; appellant-signatory did not need to rely on terms of controlling document in order to assert its claims; and fairness does not allow alleged fraudsters to take advantage of arbitration provision which they never signed.SmithPike 3/11/2025 3/19/2025 2025-Ohio-938
State v. Harris 23CA64511.19(A)(1)(a), Operating a Vehicle Impaired, ("OVI"), Field Sobriety Test, Horizontal Gaze Nystagmus Test, ("HGN"), Vertical Gaze Nystagmus Test, ("VGN"), Reasonable Suspicion, Specific Articulable Facts of Criminal Activity, Indicia of Intoxication, Slurred Speech, Bloodshot Eyes, Single Vehicle Accident; Motion to Suppress the Evidence, Ineffective Assistance of Counsel, Deficient Performance, Prejudice, Speculation Insufficient to Show PrejudiceWilkinRoss 3/6/2025 3/12/2025 2025-Ohio-825
State v. Morgan 24CA1205Trial court improperly ordered prosecutor's office to pay court costs in a dismissed action.AbeleAdams 3/6/2025 3/11/2025 2025-Ohio-821
State v. Burchfield 23CA17No contest plea waived right to present evidence to rebut having weapons under disability conviction.AbeleAthens 3/6/2025 3/14/2025 2025-Ohio-867
12
Home | Contact Us | Search |