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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Gutierrez 23CA10jurisdiction; hanging charges; final appealable orderHessRoss 4/15/2024 4/15/2024 2024-Ohio-1404
Neal v. Gersten 22CA11foreclosure; Civ.R. 12(B)(2); lack of personal jurisidiction; proper service; certified mail; hearing; Civ.R. 60(B); Civ.R. 4.1(A); Civ.R. 55; motion for default judgment; App.R. 16; supersedeas bond; Civ.R. 62(B); R.C. 2505.14HessRoss 4/12/2024 4/15/2024 2024-Ohio-1405
State v. Bell 22CA1160Trial counsel not ineffective; guilty plea knowing, intelligent and voluntary; sentence not contrary to law.AbeleAdams 4/12/2024 4/19/2024 2024-Ohio-1502
State v. Shepard 23CA10Sixth Amendment; cross-examination; Evid. R. 608; character for truthfulness; manifest weight of the evidenceHessHighland 4/12/2024 4/15/2024 2024-Ohio-1408
State v. Howard 22CA66th Amendment right to confrontation; motion to severe; testimonial statement; stacking inference; manifest weight of the evidence; ineffective assistance of counsel; indigency affidavitHessHighland 4/10/2024 4/15/2024 2024-Ohio-1409
State v. Dunbar 22CA14Trial court did not err when it denied appellant's motions to suppress evidence.AbeleGallia 4/10/2024 4/17/2024 2024-Ohio-1460
In re D.A. 23CA25Permanent Custody; manifest weight of the evidence; best interest of the child; R.C. 2151.414HessAthens 4/10/2024 4/15/2024 2024-Ohio-1416
In re L.M. 23CA14Permanent custody—trial court's decision to place children in the agency's permanent custody was not against the manifest weight of the evidence; evidence showed that children had been in the agency's temporary custody for 12 or more months of a consecutive 22-month period; evidence supported trial court's finding that placing children in the agency's permanent custody is in their best interestsWilkinJackson 4/8/2024 4/16/2024 2024-Ohio-1435
Mollett v. Lawrence Cty. Bd. of Dev. Disabilities 22CA6Employment contract, breach of contract, contract interpretation, condition precedent, Faithless Servant Doctrine, duty of loyalty, de novo reviewWilkinLawrence 4/8/2024 4/16/2024 2024-Ohio-1434
In re C.B. 23CA17, 23CA18, 23CA19, 23CA20Permanent-custody proceeding-trial court's decision to place children in agency's permanent custody was not against the manifest weight of the evidence when parents remained addicted to drugs despite nearly two years of agency involvement.AbeleHighland 4/2/2024 4/9/2024 2024-Ohio-1332
State v. Platt 22CA2Involuntary manslaughter and endangering children - Sufficient evidence supported appellant's involuntary-manslaughter and endangering-children convictions; appellant's failure to secure loaded guns in a locked location inaccessible to children and his failure to properly supervise the three weapons-curious children created a substantial risk of serious harm to his two children and their overnight guest; appellant's conduct or failure to act caused the death of 11-year-old child as a proximate result of committing endangering children, even though appellant did not actually fire the weapon; appellant's conduct or failure to act was a substantial factor in causing the child's death; the child's death was a foreseeable risk of appellant's failure to secure loaded guns in a lock location inaccessible to children and failure to properly supervise the three weapons-curious children - Trial court did not plainly err by permitting law enforcement officer to testify about his gun-safety and gun-storage practices; officer's testimony helped explain how a reasonable parent might choose to store guns so as to reduce risk that children will be able to access loaded weapons - Trial counsel was not ineffective for failing to raise 31 objections to various testimony - Cumulative error doctrine did not apply - Appellant's sentencing argument meritless based upon State v. Hacker, __ Ohio St.3d __, 2023-Ohio-2535, __ N.E.3d __.AbeleAthens 4/2/2024 4/9/2024 2024-Ohio-1330
State v. Platt 23CA9Trial court properly articulated the R.C. 2929.20(J) factors to support a grant of judicial release.AbeleAthens 4/2/2024 4/9/2024 2024-Ohio-1331
State v. Nolan 23CA1169R.C. 2953.08(G)(2); R.C. 2929.14(C)(4); consecutive sentences; aggregate sentence; R.C. 2929.11; R.C. 2929.12; contrary to lawHessAdams 3/27/2024 4/1/2024 2024-Ohio-1245
In re Millhouse 23CA31Probate court properly denied application for change of name.AbeleRoss 3/26/2024 3/29/2024 2024-Ohio-1187
State v. Pinkerman 23CA5Appellant's convictions for involuntary manslaughter, trafficking in drugs and corrupting another with drugs were supported by sufficient evidence and were not against the manifest weight of the evidence.AbeleLawrence 3/21/2024 3/26/2024 2024-Ohio-1150
In re D.K. 23CA1177Permanent-custody proceeding-nonparent lacked standing to appeal permanent-custody decision as it pertained to termination of parental rights and denial of legal custody when nonparent did not file a legal-custody motion during the permanent-custody proceeding; nonparent lacked standing to challenge child's best interest as it related to granting him legal custody when he failed to file a motion that requested legal custody; nonparent had standing to challenge trial court's finding that change in circumstances had occurred to warrant removing the child from his legal custody and placing her in the agency's temporary custody; nonparent waived all but plain error to trial court's change-in-circumstances finding by failing to properly object to the magistrate's decision; trial court did not err, plainly or otherwise, by finding a change in circumstance.AbeleAdams 3/20/2024 3/26/2024 2024-Ohio-1149
State v. Netter 23CA4Trial court did not err when it denied motion to suppress evidence; appellant's sentence was supported by the record and not contrary to law.AbelePickaway 3/20/2024 3/22/2024 2024-Ohio-1068
State v. Minshall 23CA5nonsupport of dependents, restitution, R.C. 2929.18(A)(1), economic loss, R.C. 2953.08(G)(2)HessMeigs 3/18/2024 3/20/2024 2024-Ohio-1035
State v. Leib 23CA4Defendant entered a knowing, voluntary, and intelligent guilty plea and trial court did not consider defendant's silence as a lack of remorse.AbeleMeigs 3/18/2024 3/22/2024 2024-Ohio-1081
State v. Brock 22CA38 & 22CA39Improper jury instruction did not constitute plain error; convictions for OVI, failure to comply, fictitious plates, and driving with no operator's license supported by sufficient evidence.AbeleRoss 3/15/2024 3/20/2024 2024-Ohio-1036
State v. McHargue 22CA12Competency; Appellate Counsel's Access to Presentence Investigation Report; The trial court was not required to make an express determination of competency to stand trial where the defendant stipulated to the competency report and failed to maintain her claim of incompetency; the trial court did not err in imposing costs of supervision; although appellate counsel is entitled to access the presentence investigation report for purposes of appeal, counsel is not entitled to a copy of the report and thus, Gallia County's policy of only permitting in-person review of the report was not unconstitutional or otherwise contrary to law.SmithGallia 3/8/2024 3/13/2024 2024-Ohio-924
State v. Simon 23CA3Ohio state highway patrol trooper conducted a lawful traffic stop based on probable cause and the fact that the trooper did not cite Appellant for an underlying traffic violation is not new and material evidence under Brady v. Maryland, 3737 U.S. 87, 83 S. Ct. 1194 (1963), which would exculpate Appellant or impeach the trooper; further, even if Appellant was able to support allegation of Brady violation, nothing suggested that Appellant was prejudiced as required by the third prong of Brady test; because Appellant's petition was untimely, the trial court was without jurisdiction to consider it and constitutional claim of Brady violation should have been dismissed; additionally, had the petition been timely, Appellant's claim would also be barred by doctrine of res judicata where Appellant would have known or should have known prior to filing his direct appeal that trooper did not charge him with underlying traffic violation; any argument that State v. Turner, 163 Ohio St. 3d 421, 2020-Ohio-6773, 170 N.E.3d 842, was relevant or applicable to Appellant's sentencing is misplaced because of factual differences, should have been brought in his direct appeal, and is now barred by res judicata.SmithGallia 3/8/2024 3/13/2024 2024-Ohio-925
State v. Stepp 22CA4005Criminal. Crim.R. 11-Knowing, intelligent, voluntary plea. Because we cannot conclude, after considering the totality of the circumstances, that the defendant's guilty pleas were not knowing, intelligent, and voluntary, or that the trial court erred in the acceptance of the pleas, the judgment of the trial court is affirmed.SmithScioto 3/7/2024 3/13/2024 2024-Ohio-914
Rouse v. Davis 22CA4008Where petitioner alleged ambiguities and a typographical error in his sentencing entry, trial court did not err in granting Respondent's motion to dismiss habeas petition under Civ.R. 12(B)(6), as sentencing errors are not jurisdictional and thus are not cognizable grounds for habeas relief; Petitioner had an adequate remedy at law in the form of a direct appeal or postconviction review.SmithScioto 3/7/2024 3/13/2024 2024-Ohio-915
Schobelock v. Schobelock 23CA4028Because determinations regarding weight of the evidence and credibility of the witnesses are within the province of the trier of fact, we find the trial court's decision granting a DVCPO for one year upon evidence of physical violence and verbal threats is not against the manifest weight of the evidence.SmithScioto 3/6/2024 3/11/2024 2024-Ohio-879
State v. Newcomb 21CA18Assault; theft; felonious assault; jury trial; manifest weight; witness credibility; sufficiency; complicit; jury instructions on complicity; drone and remote control; hearsay; abuse of discretion; Confrontation Clause-waived; truth of the matter asserted; police conduct; harmless error; cumulative evidence; national database-VIN number; OLEG; Reagan Tokes Law constitutional: due process, right to a jury trial, double jeopardy, separation-of-powers; Crim.R. 29; Crim.R. 52(A); Evid.R. 801; Evid. R. 802; Evid.R. 803; Evid.R. 804; R.C. 2901.22(A) & (B); R.C. 2913.01(C); R.C. 2913.02(A)(1) & (B)(2); R.C. 2913.03(A) & (F)WilkinLawrence 3/6/2024 3/6/2024 2024-Ohio-805
In re W.W. 23CA24Legal Custody. Trial court did not abuse its discretion by granting grandparents legal custody of children; trial court did not abuse its discretion by ordering that parent's visits with children be subject to grandparents' discretion; trial court's order that parties are not to engage in "negative communication" is not ambiguous.SmithAthens 3/6/2024 3/11/2024 2024-Ohio-878
State v. Miller 23CA12Where the trial court granted appellant's late motion for jail time credit requesting 676 days, and the Ohio Department of Rehabilitation and Corrections website reflects the credit was applied, appellate court can provide no further relief and appeal must be dismissed as moot.SmithGallia 3/6/2024 3/13/2024 2024-Ohio-913
State v. Baker 23CA9Self-defense; ineffective assistance of counsel, Crim.R. 29 motionHessHighland 2/27/2024 3/1/2024 2024-Ohio-759
State v. Collins 22CA16Unlawful sexual conduct with a minor; manifest weight; witness credibility; inconsistent testimony; Fifth Amendment right to remain silent as substantive evidence of guilt; plain error; ineffective assistance of counsel of failure to object to testimony; Crim.R. 52(B); R.C. 2505.02(A)(1); R.C. 2907.01(A); R.C. 2907.04(A); R.C. 2907.04(B)(3)WilkinRoss 2/27/2024 3/5/2024 2024-Ohio-794
In re S.R. 23CA11permanent custody, manifest weight of the evidence, R.C. 2151.414(B)(1)(d), best interestHessGallia 2/22/2024 2/26/2024 2024-Ohio-693
State v. Stephenson 23CA1165motion to suppress; probable cause; known informant; consent; coercion; claim of lawful authorityHessAdams 2/13/2024 2/20/2024 2024-Ohio-624
State v. Etherson-Tabb 22CA4009motion to suppress; traffic stop; R.C. 4511.33(A)(1); reasonable suspicion; probable cause; duration of the traffic stop; driving under suspension; marijuana; automobile exceptionHessScioto 2/9/2024 2/14/2024 2024-Ohio-550
Prince v. Harper 23CA9Easement-plain language contained in easement established that appellant has a 30-foot-wide easement that extends from his property to County Road 550.AbeleRoss 2/8/2024 2/12/2024 2024-Ohio-521
State v. White 22CA22Criminal; Sufficiency; Manifest Weight; The judgment of the trial court is affirmed where the convictions for murder and felonious assault are supported by sufficient evidence and are not against the manifest weight of the evidence; appellant failed to demonstrate he received ineffective assistance of counsel where the errors alleged were either presumed to be sound trial strategy or where the alleged deficiency did not result in prejudice.SmithPickaway 2/8/2024 2/14/2024 2024-Ohio-549
State v. Barnhart 22CA13Trial court did not err in suppressing statements based on Miranda violation.AbeleMeigs 2/8/2024 2/14/2024 2024-Ohio-547
Colley v. Crabtree 22CA3997R.C. 2701.03; Civ.R. 12(B)(6); de novo; civil conspiracy; negligent infliction of emotional distress; intentional infliction of emotional distress; political subdivision immunity; R.C. 2744.01, R.C. 274.02; R.C. 2744.03WilkinScioto 2/2/2024 2/8/2024 2024-Ohio-437
State v. Brooks 22CA17Appellant's aggravated arson plea was not unconstitutional, trial counsel was not ineffective for failing to enforce the state's plea agreement to a ten-year arson registration requirement, state did not breach the plea agreement's term for a ten-year registration requirement, prosecutor's failure to provide a bill of information was not prejudicial, and the trial court did not err by imposing costs.AbeleAthens 2/1/2024 2/6/2024 2024-Ohio-420
State v. Adams 22CA1158Motion to suppress; mixed question of law and fact; probable cause; totality of the circumstances; field-sobriety tests; ARIDE tests; horizontal-gaze-nystagmus test; modified Romberg test; lack-of-convergence test, Crim.R. 7, amending the indictment, abuse of discretion, manifest weight of the evidence, chain of custodyWilkinAdams 1/24/2024 2/2/2024 2024-Ohio-376
In re D.B. 23CA1176Permanent custody—trial court's permanent custody decision is not against the manifest weight of the evidence when the parent's pattern of behavior in allowing harmful individuals near her children supported trial court's finding under R.C. 2151.414(B)(1)(a), and the totality of the evidence supported the trial court's best-interest determinationWilkinAdams 1/24/2024 2/2/2024 2024-Ohio-377
In re E.A.G. 23CA7 & 23CA8Permanent custody; trial court's judgment placing child in children services agency's permanent custody is not against the manifest weight of the evidence; child had been in agency's temporary custody for nearly two years when agency filed permanent-custody motion and placing child in agency's permanent custody is in his best interest; guardian ad litem's purported superintendence-rule violation is not reversible error; trial court not required to appoint independent counsel for child when child did not consistently and repeatedly express a strong desire to live with his parents.SmithWashington 1/16/2024 1/31/2024 2024-Ohio-315
State v. Hodge 23CA22 & 23CA23resentencing hearing; res judicataHessLawrence 1/10/2024 1/22/2024 2024-Ohio-207
State v. Crook 23CA7manifest weight of the evidence, R.C. 959.131(D)(2), necessary sustenance, underweight, diagnostic testingHessAthens 1/8/2024 1/11/2024 2024-Ohio-80
State v. Drummond 22CA11, 23CA2Criminal; Revocation of Community Control; Consecutive Sentences; Appellate Counsel's Access to Presentence Investigation Report; Because the trial court made the required findings to impose consecutive sentences and properly incorporated them into the sentencing entry at the time it revoked community control, and because those findings were supported by the record, the trial court did not err in imposing consecutive sentences; although appellate counsel is entitled to access the presentence investigation report for purposes of appeal, counsel is not entitled to a copy of the report and thus, Gallia County's policy of only permitting in-person review of the report was not unconstitutional or otherwise contrary to law.SmithGallia 1/8/2024 1/11/2024 2024-Ohio-81
State v. Pierce 22CA4002sentencing; no contest plea; coercion; PSI report; ineffective assistance of counsel; change of plea hearing; motion to withdraw plea; consistency in sentencingHessScioto 1/8/2024 1/11/2024 2024-Ohio-82
State v. Ratliff 22CA22Sufficient Evidence; Manifest Weight of the Evidence; Burglary; R.C. 2911.12(A)(3); Trespass; R.C. 2909.01(C); occupied structure; residential purpose of the dwellingWilkinRoss 1/5/2024 1/11/2024 2024-Ohio-61
State v. Vest 22CA32, 22CA33Guilty plea; theft as a fifth-degree felony; possession of fentanyl-related compound as a third-degree felony; jointly recommended prison sentence; postrelease control; consequences of violating postrelease control; totality-of-the-circumstancesWilkinRoss 1/5/2024 1/11/2024 2024-Ohio-62
State v. Spencer 22CA4000, 22CA4001Felony sentencing - sentencing entry's order that appellant pay $5,000 mandatory fine was contrary to law when trial court did not pronounce this sentence in open court and in appellant's presence; trial court did not plainly err by requiring appellant to pay prosecution costs; trial court did not plainly err by imposing consecutive sentences; record did not clearly and convincingly show that consecutive sentences were contrary to lawAbeleScioto 1/3/2024 1/11/2024 2024-Ohio-59
Lloyd v. Lloyd 22CA1159R.C. 3119.79 required a recalculation of child support.AbeleAdams 1/3/2024 1/11/2024 2024-Ohio-56
State v. Estep 23CA1Trial court did not abuse discretion when it overruled defendant's motion to withdraw guilty plea; guilty plea was knowingly, intelligently and voluntarily given; R.C. 2967.271 hearings are not vague and do not violate due process; Reagan Tokes Act is constitutional.AbeleMeigs 1/3/2024 1/11/2024 2024-Ohio-58