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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
In re L.G. 25CA3Permanent custody–Trial court’s judgment placing child in the agency’s permanent custody was not against the manifest weight of the evidence–Judgment affirmedWilkinAthens 8/5/2025 8/13/2025 2025-Ohio-2855
State v. Adkins 24CA3Fifth Amendment, Consider exercising the right to silence when determining guilt; Crim.R. 32, Final appealable order; Merger and state election of offense for sentencing; Surviving merger; Bench trial, Structural errorWilkinLawrence 8/5/2025 8/11/2025 2025-Ohio-2833
State v. Reed 23CA4041Ineffective Assistance of Counsel; Knowing, Voluntary, and Intelligent Plea, Motion to Withdraw Guilty Plea, Counsel's Failure to Review Discovery with Client; Crim.R. 32.1; Change of Heart; Nine-Factor Test for Withdrawal of Guilty Plea, Newly Discovered EvidenceWilkinScioto 8/5/2025 8/5/2025 2025-Ohio-2753
State v. Andrews 24CA4076Trial court did not err when it denied motion to suppress evidence.AbeleScioto 8/1/2025 8/8/2025 2025-Ohio-2803
State v. Taylor 25CA2Res judicata barred appellant's Civ.R. 60(B) motion and request for a suppression hearing.AbeleLawrence 8/1/2025 8/13/2025 2025-Ohio-2853
State v. Dodridge 22CA19CRIMINAL-DOMESTIC VIOLENCE - The trial court did not err in declaring the victim to be a hostile witness under Evid.R. 611(C), nor did it err in interrogating the victim in accordance with Evid.R. 614(B); although the victim's prior written statement that was attached to the police was erroneously admitted into evidence as extrinsic evidence of impeachment, the error was harmless beyond a reasonable doubt; plain error did occur as a result of the trial court's failure to provide a limiting instruction, nor was trial counsel ineffective for failing to request a limiting instruction; body cam video that was destroyed was not materially exculpable evidence and the defendant failed to prove that the State acted in bad faith in failing to preserve potentially useful evidence; because the defendant's conviction for disrupting public services was supported by sufficient evidence, the trial court did not err in denying his Crim.R. 29(A) motion for judgment of acquittal; defendant failed to demonstrate that he was deprived of his right to a fair trial as a result of cumulative error.SmithLawrence 8/1/2025 8/13/2025 2025-Ohio-2856
State v. Woodfork 23CA22CRIMINAL-RIGHT TO COUNSEL OF CHOICE-INFERIOR DEGREE OFFENSE-LESSER INCLUDED OFFENSE-BATSON CHALLENGE-INEFFECTIVE ASSISTANCE OF COUNSEL - Trial court's denial of motion for continuance did not deny the appellant his right to counsel of choice; the appellant was not entitled to inferior degree offense and lesser included offense jury instructions; the trial court committed no error in allowing the State's peremptory challenge where no Batson violation occurred; the appellant's claims of ineffective assistance of counsel are without merit.SmithRoss 8/1/2025 8/7/2025 2025-Ohio-2786
State v. Shamblin 24CA26CRIMINAL-POSTCONVICTION RELIEF-INEFFECTIVE ASSISTANCE OF COUNSEL-RES JUDICATA - The trial court did not abuse its discretion in denying the appellant's petition for postconviction relief without holding a hearing; appellant's ineffective assistance of counsel claim raised in his petition was barred by the doctrine of res judicata.SmithPickaway 7/29/2025 8/6/2025 2025-Ohio-2760
Burgh v. Potter 24CA3Civ.R. 12(B)(6); de novo; preliminary agreement; contract; whether a contract exists is question of fact; contract interpretation is matter of lawWilkinWashington 7/29/2025 8/6/2025 2025-Ohio-2765
State v. Farmer 24CA4jury instructions; plain error; verdict form; privilege; ineffective assistance of counsel; manifest weight of the evidence; sufficiency of the evidence; sentencing error; Reagan Tokes Law; sentencing notificationsHessJackson 7/22/2025 7/25/2025 2025-Ohio-2616
State v. Cheatham 23CA17CRIMINAL-INDICTMENT-INEFFECTIVE ASSISTANCE - While an indictment charging sexual offenses against children need not state with specificity the dates of the alleged abuse as long as the prosecution establishes that the offense occurred during the time frame alleged, and where count alleged that conduct occurred between January 1, 2014 and December 31, 2014; victim testified that the first sexual contact occurred when she was nine years old; and victim did not become nine years old until May 15, 2014, there was no evidence beyond a reasonable doubt to establish that conduct occurred within a reasonable proximity to victim's birthday; decision to call or forego calling witnesses is a tactical decision and deficient performance of trial counsel for purported failure to investigate additional witnesses, where record is silent as to the substance of the suggested testimony and how said testimony would have changed outcome of the proceeding, will not be inferred; where defendant refused a plea offer and proceeded to trial, repeatedly denied all allegations of sexual contact and sexual conduct, and attempted to discredit the victims, requesting jury instructions on the lesser included offense of gross sexual imposition on three counts of rape would have undercut defendant's protestations of innocence, thus, trial counsel was not deficient for failing to request the lesser included instruction.SmithJackson 7/18/2025 7/23/2025 2025-Ohio-2584
Cochran v. Cochran 24CA21marital property; date of termination; duration of marriage; valuation of property; distributive award; financial misconductHessAthens 7/18/2025 7/21/2025 2025-Ohio-2565
State v. Kegg 23CA16Rape, R.C. 2907.02(A)(2); Evid.R. 702; expert witness testimony is beyond knowledge or experience of lay persons, is the result of specialized knowledge, skill, experience, training, or education, and is based on reliable scientific, technical, or other specialized information; abuse of discretion; delayed reporting of rape; invited error doctrine; juror bias; ineffective assistance of counsel; deficient performance; prejudice; presumed competent; motion for new trial; Crim.R. 33; R.C. 2953.21WilkinAthens 7/17/2025 7/28/2025 2025-Ohio-2651
State v. Harrison 25CA1indefinite sentence; indeterminate sentence; definite sentence; sentencing error; typographical error; nunc pro tunc; ineffective assistance of trial counsel; res judicataHessHighland 7/17/2025 8/4/2025 2025-Ohio-2733
State v. Buffington 24CA4085 & 24CA4086Trial court committed plain error when it entered a judgment of conviction when the defendant did not first enter a plea.AbeleScioto 7/17/2025 7/22/2025 2025-Ohio-2575
State v. Lawson 24CA28Reverse and remand for trial court to apply New York State Rifle & Pistol Assn. , Inc. v. Bruen, 597 U.S. 1 (2022).AbeleRoss 7/17/2025 7/28/2025 2025-Ohio-2650
State v. Carr 23CA4023CRIMINAL-SUFFICIENCY OF EVIDENCE-MANIFEST WEIGHT OF EVIDENCE-POSSESSION-CRIM.R. 29 - When an Appellant sets forth specific grounds in a Crim.R. 29 motion, he or she forfeits all other grounds on appeal; where trial court merges convictions for purposes of sentencing, erroneous verdict on the merged count would be harmless error; sufficient circumstantial evidence of guilt supported Appellant's conviction for Aggravated Trafficking of Drugs, particularly as to challenged element of "possession" where multiple officers testified regarding large quantity of methamphetamine and other criminal tools used in trafficking found in appellant's home; appellant's own statement to Chief Probation Officer was incriminating; appellant's statement in jail phone call was incriminating; and appellant's girlfriend/co-defendant's phone contained incriminating text conversations such that any rational trier of fact would have found possession was proven beyond a reasonable doubt; furthermore, based on the foregoing, jury did not lose its way and create a miscarriage of justice and appellant's conviction for aggravated trafficking of drugs was not against the manifest weight of the evidence.SmithScioto 7/16/2025 7/23/2025 2025-Ohio-2583
State v. Alexander 24CA4065Appeal dismissed; trial court lacks jurisdiction after case is terminated; void judgment; final appealable order; appellate court lacks jurisdiction; R.C. 2505.02(B)WilkinScioto 7/16/2025 7/23/2025 2025-Ohio-2587
State v. Perry 23CA20outrageous government conduct; due process; entrapment; forfeiture; proportionalityHessJackson 7/16/2025 7/21/2025 2025-Ohio-2566
State v. Athens 24CA31summary judgment; Athens City Code 11.03.02(A); R.C. 3736.021; auxiliary container; single-use plastic bags; Home Rule Amendment; general law; statewide and comprehensive legislative enactment; police, sanitary, or similar regulations; prescribe a rule of conduct; direct conflictHessAthens 7/16/2025 7/29/2025 2025-Ohio-2652
Parsons v. Parsons 23CA21Spousal support, duration, amount; Spousal support, disability benefits; R.C. 3105.18(B); R.C. 3015.18(C); Civ.R. 53(D)(3)(b); Spousal support, burden of proof; Spousal support, equalization of incomeWilkinGallia 7/9/2025 7/16/2025 2025-Ohio-2511
In re S.B. 24CA5Abused, neglected, or dependent child; legal custody, R.C. 2151.011(B)(21); best interest of the child; R.C. 3109.04; preponderance of the evidence; legal custodian, R.C. 2151.353(A)(3); abuse of discretion; unreasonable, arbitrary, or unconscionableWilkinAthens 7/8/2025 7/23/2025 2025-Ohio-2586
Wilson v. Canup 24CA2Small claims; verbal contract; meeting of the minds; substantial compliance; de novo review; factual determination-weight of the evidence; clear and convincing evidenceWilkinLawrence 7/2/2025 7/9/2025 2025-Ohio-2443
Patton v. Moore 24CA4 & 24CA5Habeas corpus; verified petition, commitment papers, R.C. Chapter 2725; de novo; dismiss for failure to state a claim upon which relief can be granted; Civ.R. 12(B)(6); summary judgment, Civ.R. 56; due process; R.C. 2969.25(C)WilkinPickaway 7/1/2025 7/9/2025 2025-Ohio-2435
State v. Kmosko 23CA4Menacing; Aggravated Menacing; Lesser Included Offense; Jury Instructions; Prosecutorial Misconduct; Closing Arguments; Crim.R. 31(C); Crim.R. 30 (A)WilkinAthens 7/1/2025 7/9/2025 2025-Ohio-2433
State v. Douglas 23CA21R.C. 2929.15(C), Domestic violence; Domestic menacing; Bodycam video; Character evidence; Other acts evidence; Other acts-drug use; Evid.R. 404(B); R.C. 2945.59; Evid.R. 403; Imminent physical harm; Victim's state of mind; HearsayWilkinAthens 7/1/2025 7/9/2025 2025-Ohio-2434
State v. DeLong 23CA1171Involuntary manslaughter, R.C. 2903.04(A); felonious assault, R.C. 2903.11(A)(2); firearm specification, R.C. 2941.145; The right to a jury selected from fair cross-section of the community, Sixth and Fourteenth Amendments; ineffective assistance of counsel, deficient representation, prejudice , presumption of competence; self-defense; accident; R.C. 2953.08(G)(2); forfeitureWilkinAdams 7/1/2025 7/9/2025 2025-Ohio-2432
Gemmell v. Evergreen Site Holdings, Inc. 22CA4jurisdiction; foreclosure; final, appealable order; R.C. 2505.02; Civ.R. 54(B); extent of each lienholder's interest; priority of the liensHessHocking 6/25/2025 6/27/2025 2025-Ohio-2258
United Assn. Local 168, Apprentice Educational Fund v. Robinson 23CA9CIVIL-CIV.R. (8)-NOTICE PLEADING-AFFIRMATIVE DEFENSES-BREACH OF CONTRACT-LIQUIDATED DAMAGES-PENALTY-SUMMARY JUDGMENT - The defenses of prior material breach, unenforceable penalty, and unenforceable non-competition agreement are all defenses in the nature of confession and avoidance that are waived if not raised affirmatively under Civ.R. 8; because appellant substantially performed under the contract, the trial court erred in granting summary judgment in favor of appellee on its claim of prior material breach; the trial court further erred in characterizing the work-or-pay repayment provision of the contract as an unenforceable non-competition agreement; although the trial court correctly determined that the purported liquidated damages provision was an unenforceable penalty, it erred in granting summary judgment to appellee, and in granting appellant no damages at all.SmithWashington 6/25/2025 7/8/2025 2025-Ohio-2421
State v. Hinton 24CA10authentication; evidence; ineffective assistance of counsel; manifest weight of the evidence; sufficiency of the evidenceHessAthens 6/24/2025 6/30/2025 2025-Ohio-2291
State v. Coby 24CA4114subject-matter jurisdiction; void; voidable; petition for postconviction relief; R.C. 2953.21(A)(1)(a)(i); untimely; R.C. 2953.23(A)HessScioto 6/23/2025 6/23/2025 2025-Ohio-2192
In re J.M.P. 25CA2JUVENILE DELINQUENCY-RAPE-GROSS SEXUAL IMPOSITION - Sufficient evidence supported the trial court's delinquency adjudications for rape and gross sexual imposition, and adjudications were not against the manifest weight of the evidence, when ample evidence established that juvenile purposely compelled the victim to submit by force; trial court did not err by classifying juvenile offender registrant; rape and gross sexual imposition offenses did not merge when evidence showed that juvenile committed distinct act of rape and distinct act of gross sexual imposition.SmithAthens 6/20/2025 7/9/2025 2025-Ohio-2441
State v. Taylor 23CA14Rape; victim less than ten years of age; abuse of discretion; plain error; harmless error; prejudice; constitutional right to compulsory process; separation of witnesses; exclusion of witnesses; jury selection; replacing alternate juror after jury was sworn in; other acts; grooming; course of conduct; hearsay; victim’s forensic interview; jury instructions; jury instructions on unanimity of the sexual conduct; prosecutorial misconduct during closing arguments; vouching; sufficiency of the evidence; manifest weight of the evidence; Crim.R. 24(G)(1); Crim.R. 31(A); Crim.R. 52; Evid.R. 404(A)(2); Evid.R. 404(B)(1); Evid.R. 608; Evid. R. 615(A); Evid.R. 801; Evid.R. 802; Evid.R. 803(4); R.C. 2505.02(A)(1); R.C. 2907.01(A); R.C. 2907.02(A)(1)(b); R.C. 2907.02(D); R.C. 2945.29WilkinHighland 6/18/2025 6/26/2025 2025-Ohio-2250
State v. Barrett 23CA13Assault; first-degree misdemeanor; jail-time sentence; abuse of discretion; overriding purposes of sentence; defendant’s aggressive behavior; physical harm; R.C. 2929.21; R.C. 2929.22WilkinRoss 6/17/2025 6/26/2025 2025-Ohio-2251
State v. Snyder 24CA14sufficiency of the evidence; obstructing official business; R.C. 2921.31(A); hampers or impedes; substantial stoppageHessRoss 6/12/2025 6/18/2025 2025-Ohio-2156
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
In re A.P. 25CA702Permanent custody-trial court's judgments placing children in the agency's permanent custody was not against the manifest weight of the evidence.AbeleVinton 6/9/2025 6/16/2025 2025-Ohio-2125
State v. Tucker 23CA4042CRIMINAL-SUPPRESSION-SUFFICIENCY-MANIFEST WEIGHT-MARKED LANES VIOLATION - The defendant's convictions for possession and trafficking in marijuana, which flowed from a traffic stop, are supported by sufficient evidence and are not against the manifest weight of the evidence where his vehicle was stopped as a result of law enforcement observing him drive outside of marked lanes in violation of R.C. 4511.33(A)(1).SmithScioto 6/6/2025 6/16/2025 2025-Ohio-2108
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
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