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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Stevens 21CA9Appellant did not demonstrate actual prejudice due to counsel's failure to file a motion to dismiss due to preindictment delay where although witnesses had died during intervening years, claims that said witnesses could have given pertinent testimony were only speculative and Appellant failed to show how testimony would have minimized or eliminated the impact of the state's evidence and bolstered Appellant's defense; although cell phone records were not authenticated as business records pursuant to Ohio Evid.R. 803(6), the trial court did not commit plain error where Appellant failed to demonstrate a reasonable probability that, but for the court's erroneous admission, the outcome of trial would have been different; Appellant could be convicted of firearm specification where he was convicted as a complicitor to burglaries where firearms were under the control of actual perpetrators during commission of burglary.SmithHocking 9/14/2023 9/15/2023 2023-Ohio-3280
In re J.C. 23CA920Trial court did not err in awarding legal custody to maternal grandparents where the record establishes court did not abuse its discretion with regard to its best interest analysis and Appellant's focus on one factor in isolation is contrary to the totality of the circumstances approach that trial court's apply when evaluating a child's best interest; parents' case plan compliance may be relevant but is not necessarily conclusive when evaluating a child's best interest; trial court is in best position to assess maternal grandmother's credibility and this court has no basis to conclude trial court incorrectly discredited testimony; where Appellant has not raised any other specific arguments regarding the trial court's best interest determination, appellate court need not independently analyze trial court's best interest determination.SmithPike 9/14/2023 9/18/2023 2023-Ohio-3299
In re K.M. 23CA9, 23CA10, 23CA11, 23CA12, 23CA13permanent custody, manifest weight of the evidence, R.C. 2151.414(B)(1)(d); R.C. 2151.414(B)(2); R.C. 2151.414(E)(1); reasonable efforts; best interest; legally secure permanent placementHessLawrence 9/11/2023 9/11/2023 2023-Ohio-3203
State v. Cihon 22CA13Trial court did not err in imposing consecutive sentences after community control revocation hearing; no error in denying appellate counsel a copy of defendant's pre sentence investigation report.AbeleGallia 8/28/2023 9/5/2023 2023-Ohio-3108
State v. McDaniel 22CA9Trial court did not abuse its discretion when it denied appellant's postconviction relief petition without a hearing and failed to file findings of fact and conclusions of law, but remand to trial court to modify judgment to reflect dismissal.AbeleMeigs 8/24/2023 8/31/2023 2023-Ohio-3051
State v. Taylor 21CA13Res judicata bars appellant's motion to suppress evidence and motion for a Franks hearing.AbeleLawrence 8/22/2023 8/28/2023 2023-Ohio-2994
State v. Taylor 21CA14Res judicata barred appellant's motion for new trial.AbeleLawrence 8/22/2023 8/28/2023 2023-Ohio-2995
State v. Stevers 22CA11Trial court did not err in denying appellant's motion to continue community control revocation hearing and counsel was not ineffective.AbeleAthens 8/22/2023 8/31/2023 2023-Ohio-3050
State v. Bailey 22CA10ineffective assistance; jointly recommended sentence; breach of plea agreement; prejudiceHessLawrence 8/17/2023 8/21/2023 2023-Ohio-2919
In re A.W.E-M. 22CA9Nunc pro tunc; magistrate’s decision; Civ.R. 53; unenforceable stipulationHessAthens 8/16/2023 8/18/2023 2023-Ohio-2896
State v. Carpenter 22CA24Crim.R 11. Nonconstitutional rights. Maximum Sentence. Sex Offender Classification. Trial court substantially complied with Crim.R. 11(C) as to the duty to notify Appellant of his maximum sentence, a nonconstitutional right, when court briefly explained that as part of Appellant's sentence he would be classified as Tier I sex offender but did not explain the specific registration duties until sentencing.SmithWashington 8/7/2023 8/15/2023 2023-Ohio-2838
State v. Carver 19CA17Criminal. Procedure on reopened appeal. App.R. 26(B)(9). Appellate court has no choice but to confirm prior judgment where, on reopened appeal allowed by App.R. 26(B), Appellant fails to argue that appellate counsel's assistance was ineffective as required by the two-part process described in App.R. 26(B)(9) and set forth in State v. Leyh, 166 Ohio St.3d 365, 2022-Ohio-292, 185 N.E.3d 1075, and State v. Calhoun, 9th Dist. Summit No. 29604, 2022-Ohio-4269.SmithHighland 8/7/2023 8/15/2023 2023-Ohio-2839
Smith v. Nelsonville 22CA4Administrative Appeal. Removal of Elected Official from Office. City council must act in strict compliance with the city charter; because council failed to strictly comply with the process for removal of an elected official, appellee's removal from office was a nullity.SmithAthens 8/7/2023 8/15/2023 2023-Ohio-2844
State v. Bennett 21CA3751Rape; force; sufficiency; manifest weight; hearsay; for the truth of the matter asserted; excited utterance; testimony to explain police conduct; probative value; unfair prejudice; abuse of discretion; ineffective assistance of counsel; failure to object to hearsay; prejudice; Evid.R. 801(C); Evid.R. 802; Evid.R. 803(2); R.C. 2901.01(A)(c); R.C. 2907.02(A)(2)WilkinRoss 8/2/2023 8/7/2023 2023-Ohio-2734
State v. Conn 23CA1163obstructing official business; merger; R.C. 2941.25; plain error; consecutive sentences; R.C. 2929.14(C)(4)HessAdams 7/27/2023 8/1/2023 2023-Ohio-2669
In re S.M. 23CA4Legal custody—trial court did not err by awarding legal custody to nonparents when children had been adjudicated dependent and when legal custody to nonparents is in children's best interests; trial court need not find parent unsuitable before awarding legal custody of an adjudicated dependent child to a nonparentWilkinHighland 7/27/2023 8/3/2023 2023-Ohio-2686
Mace v. Mace 23CA700Mootness-appeal moot because appellate court could not afford appellant any effective relief when real property had been transferred and sale proceeds had been distributed.AbeleVinton 7/27/2023 8/9/2023 2023-Ohio-2761
Buffenbarger v. Estate of Meyer 22CA10Will contest-appellants did not produce any evidence to create genuine issues of material fact regarding validity of will; none of appellants' deposition testimony was based upon personal knowledge; instead, appellants' testimony consisted of speculation and innuendo.AbeleHighland 7/26/2023 8/9/2023 2023-Ohio-2760
State v. Brown 23CA1161domestic violence; R.C 2919.25; guilty plea; knowingly, intelligently, and voluntarily; penalty enhancementsHessAdams 7/24/2023 7/24/2023 2023-Ohio-2537
Sowards v. Sowards 22CA918contempt, attorney fees, abuse of discretionHessPike 7/19/2023 7/24/2023 2023-Ohio-2538
Martin v. Ohio Univ. 22CA14without prejudice; final appealable order; standing, mootness, failure to state a claim; Civ.R. 12(B)(6) motion to dismiss; R.C. 3337.01; R.C. 3345.021; R.C. 3709.212; coercion; R.C. 2905.12; discrimination; R.C. 3792.04HessAthens 7/19/2023 7/21/2023 2023-Ohio-2511
State v. Sheets 21CA6CRIMINAL-COMPLICITY - The trial court did not err in denying the defendant's motion to suppress where the statements made were voluntary and because there was no evidence of coercive police activity; the evidence presented at trial, if believed, could support a finding of guilt beyond a reasonable doubt as to the complicity to aggravated murder and murder charges, including that the offenses were committed with prior calculation and design; however evidence that the defendant was seen with a gun at the scene of the crime, coupled with the fact that law enforcement never recovered the gun, does not constitute sufficient evidence to support a conviction for tampering with evidence; trial court did not err in refusing to merge the sentences for attempted murder and felonious assault where the offenses were committed with a separate animus, different conduct, and resulted in separate harm.SmithJackson 7/18/2023 7/27/2023 2023-Ohio-2591
State v. Sheets 22CA1CRIMINAL - PROTESTATION OF INNOCENCE - SIERAH'S LAW - R.C. 2903.42(A)(1) - The trial court did not err in proceeding to impose sentence where the defendant's alleged protestation of innocence occurred during the sentencing phase rather than the plea phase of the hearings; under Sierah's Law, trial court's failure to advise an offender regarding the process for rebutting the presumption of enrollment in the violent offender database constitutes reversible error.SmithJackson 7/18/2023 7/27/2023 2023-Ohio-2592
In re D.H. 23CA1 & 23CA5permanent custody; continuance; abuse of discretion; best interest of the child; relative placement; child wishes; R.C. 2151.411; R.C. 2151.414HessHocking 7/11/2023 7/12/2023 2023-Ohio-2368
State v. Shuler 22CA8CRIMINAL-FELONY SENTENCING-MAXIMUM SENTENCE-R.C. 2953.08(G)(2) - R.C. 2953.08(G)(2) does not allow an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and R.C. 2929.12; appellate courts cannot review a felony sentence where the appellant's sole contention is that the trial court improperly considered the factors of R.C. 2929.11 and R.C. 2929.12 when fashioning the sentence.SmithMeigs 7/11/2023 7/17/2023 2023-Ohio-2444
State v. Hazelton 22CA18CRIMINAL-KNOWING AND VOLUNTARY PLEA - Although Appellant may have subjectively believed he would be granted intervention in lieu of conviction, Appellant did not demonstrate his plea was less than knowing, intelligent or voluntary where record supports conclusion that a grant of intervention in lieu was not a part of Appellant's plea agreement and also supports conclusion that trial court substantially complied with informing him of consequences of plea; nothing in the language of the intervention in lieu of conviction statute, R.C. 2951.041 supports an interpretation that a court must vacate a plea following denial of a motion for intervention in lieu of conviction.SmithWashington 7/10/2023 7/20/2023 2023-Ohio-2498
State v. Moore 22CA4CRIMINAL-CONSTITUTIONALITY OF REAGAN TOKES LAW - Based on prior precedent of this district including State v. Bontrager, 2022-Ohio-1367, 188 N.E.3d 607 and State v. Alexander, 2022-Ohio-1812, 190 N.E.3d 651, Reagan Tokes Law is constitutional and does not violate separation-of-powers doctrine; does not violate due process of law; and does not violate the right to trial by jury.SmithRoss 7/10/2023 7/14/2023 2023-Ohio-2429
Woodgeard v. Hines 22CA7loan contract; gifts; trial transcript; App.R. 9; subpoena; motion in limine; indigency status; R.C. 2323.311HessHocking 7/5/2023 7/11/2023 2023-Ohio-2362
State v. Shields 22CA11Crim.R. 7(D), continuance, Crim.R. 33, new trial, sufficiency of the evidence, inference-stacking, R.C. 2925.03(A)(2), ineffective assistance, other acts evidence, Reagan Tokes Law, separation of powers, procedural due process, void-for-vagueness doctrine, R.C. 2981.03(A)(4), court costs, dismissed caseHessWashington 6/30/2023 7/7/2023 2023-Ohio-2331
In re Estate of Coppick 22CA6CIVIL - R.C. 5302.20 - Probate court did not err in determining ex-wife's survivorship interest survived divorce, where agreed divorce decree stated she would remain joint owner.SmithMeigs 6/28/2023 7/5/2023 2023-Ohio-2279
State v. Theisen 22CA8Community-control violation-trial court did not plainly err by failing to recognize defendant's objections as objections based upon his due-process right to confront adverse witnesses; any error trial court made by applying probable-cause standard was harmless error; trial counsel not ineffective for failing to bring correct standard of proof to trial court's attention.AbeleAthens 6/28/2023 7/14/2023 2023-Ohio-2412
State v. Pine 21CA3761Having weapons while under disability; firearm; Fourth Amendment; search and seizure; motion to suppress; de novo review; totality-of-the-circumstances; probable cause; warrantless search of home; exigent circumstance; community-caretaking exception.WilkinRoss 6/27/2023 6/29/2023 2023-Ohio-2191
State v. Ruggles 22CA1R.C. 2925.03; R.C. 2925.11; Reagan Tokes Act; R.C. 2929.144; recommended sentence; authorized by law; R.C. 2953.08(G)(2)WilkinLawrence 6/27/2023 7/5/2023 2023-Ohio-2277
State v. Best 22CA4R.C. 2953.08(G)(2), R.C. 2929.11, R.C. 2929.12WilkinWashington 6/27/2023 7/5/2023 2023-Ohio-2278
In re M.M.E.W. 22CA22Permanent custody—biological parent waived insufficiency-of-service issue by failing to raise it at an earlier point in the proceedings; the plain meaning of the word "or" as used in R.C. 2151.412(E) and Ohio Admin. Code 5101:2-38-05(C)(1) signifies alternatives, and it does not mean "and"; parent did not cite any case law to support parent's argument that failing to include a parent in a case plan in all circumstances violates the parent's fundamental or due-process rightsWilkinWashington 6/13/2023 6/21/2023 2023-Ohio-2039
State v. Daniels 22CA1157Appellant's sentence provided the proper post-release control notifications and is not contrary to law.AbeleAdams 6/13/2023 6/21/2023 2023-Ohio-2043
Chilli Assocs. Ltd. Partnership v. Denti Restaurants, Inc. 22CA30summary judgment; ground lease; damages; windfall; offset; building's value; excess rent; mitigate damagesHessRoss 6/13/2023 6/15/2023 2023-Ohio-1978
State v. Spangler 21CA17R.C. 2953.08(G)(2); clear and convincing evidence; R.C. 2929.41(A); R.C. 2929.14(C); de novo; a guilty plea must be knowing, intelligent and voluntary; Crim R. 11(C); agreed or recommended sentencesWilkinAthens 6/9/2023 6/16/2023 2023-Ohio-2003
State v. Evans 22CA31Possession of a deadly weapon; sufficiency of the evidence; manifest weight of the evidence; Evid.R. 403; capable of inflicting death; Reagan Tokes LawHessRoss 6/2/2023 6/7/2023 2023-Ohio-1879
In re S.M.S.B. 22CA17permanent custody; motion for continuance; R.C. 2151.414(B)(1)(b); R.C. 2151.414(B)(1)(d); best interest; abandonedHessLawrence 5/3/2023 5/8/2023 2023-Ohio-1532
State v. Smith 22CA21Speedy trial-trial court's entry that recused trial judge extended the time within which to bring defendant to trial even though defendant alleged that trial court had not properly journalized the recusal entry before speedy-trial time had expired; existing record demonstrates that entry filed before speedy-trial time expired.AbeleRoss 5/1/2023 5/5/2023 2023-Ohio-1504
Ogle v. Hocking Cty. Sheriff 22CA9mandamus; Ohio Public Records Act; R.C. 149.43; statutory damagesHessHocking 5/1/2023 5/2/2023 2023-Ohio-1446
State v. Latapie 21CA12R.C. 2953.08(G)(2); Clear and Convincingly Contrary to Law; R.C. 4511.19; R.C. 2929.13; R.C. 2929.14; R.C. 2929.15; R.C. 2929.16; R.C. 2929.17; Community Control; Rule of Lenity, R.C. 2901.04(A); Harmonizing Statutes; Expressio Unius Est Exclusio AlteriusWilkinGallia 4/28/2023 5/5/2023 2023-Ohio-1505
Tayse v. Erdos 22CA3993HABEAS CORPUS - The failure to comply with the provisions of R.C. 2725.04(D) is fatal to a petition for a writ of habeas corpus; the failure to comply with the provisions R.C. 2969.25(A) also requires the dismissal of an action in habeas corpus; R.C. 2969.25's filing requirements apply to the filing of appeals as well as the filing of petitions at the trial court level and the failure to file an affidavit that contains a description of each civil action or appeal the inmate has filed in the previous five years in support of an appeal creates a procedural defect that requires dismissal of the appeal; the doctrine of res judicata applies to bar the filing of successive petitions for writs of habeas corpus.SmithScioto 4/28/2023 5/8/2023 2023-Ohio-1542
State v. McKinney 22CA7No final appealable order when criminal counts remain pending.AbeleLawrence 4/27/2023 5/12/2023 2023-Ohio-1587
In re E.R. 22CA16PERMANENT CUSTODY - Because the agency presented substantial clear and convincing evidence that placing the child in the permanent custody of the agency would serve the child's best interests, the judgment of the trial court is not against the manifest weight of the evidence; because Appellant perfected his appeal within 30 days of the trial court's judgment and no other remedy exists, the issue of whether or not the trial court properly notified him of his right to appeal is moot.SmithAthens 4/25/2023 5/3/2023 2023-Ohio-1468
State v. Torres 21CA3951rape, gross sexual imposition, sexual battery, force or threat of force, R.C. 2907.02(A)(2); R.C. 2907.05(A)(1); R.C. 2907.03(A)(3); mistake of fact; jury instruction; insufficient evidence; manifest weight of the evidenceHessScioto 4/25/2023 4/28/2023 2023-Ohio-1406
State v. Rister 21CA17Reagan Tokes Act, Constitutional; Court Costs, R.C. 2957.23(A)(1(a) and (C); Waiver; Ineffective Assistance of Counsel; Presumption of Reasonable Professional AssistanceWilkinLawrence 4/18/2023 4/21/2023 2023-Ohio-1284
State v. Nesbitt 22CA20jurisdiction; hanging charges; final appealable orderHessRoss 4/18/2023 4/20/2023 2023-Ohio-1276
Sites v. Sites 22CA2Trial court did not err in denying appellant's Civ.R. 60(B) motion for relief from judgment.AbeleLawrence 4/12/2023 4/20/2023 2023-Ohio-1278