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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Altizer v. Arbors at Gallipolis 21CA11CIVIL-FINAL APPEALABLE ORDER - Although trial court's resolution of claims asserted against five defendants granting motion for summary judgment are relevant to allegations levied against remaining three defendants, where unresolved claims against defendants who neither filed an answer nor joined in motion for summary judgment remain pending, there is no final appealable order.SmithGallia 11/23/2022 11/23/2022 2022-Ohio-4191
State v. Brown 21CA3758Guilty Plea; Knowing, Intelligent, and Voluntary; Crim.R. 32.1; Abuse of Discretion; Manifest Injustice; Hearing; Res JudicataWilkinRoss 11/17/2022 11/23/2022 2022-Ohio-4197
Morlatt v. Johnson 21CA1142App.R. 4(A)(1), App.R. 4(A)(3), Civ.R. 58(B), service, manifest weight of the evidence, invasion of privacy, intrusion upon seclusion, reasonable expectation of privacy, absolute nuisance, physical comfort, attorney fees, American ruleHessAdams 11/17/2022 11/21/2022 2022-Ohio-4155
O'Dell v. Vrable III, Inc. 20CA18summary judgment; Civ.R. 56; medical claim; R.C. 2305.113(E)(3); respondeat superior; malice; punitive damages; R.C. 2315.21(C); fraud; breach of fiduciary duty; fiduciary relationship; premises liabilityHessGallia 11/15/2022 11/21/2022 2022-Ohio-4156
State v. Holsinger 21CA20motion for mistrial, Evid.R. 615(A), separation order, manifest weight of the evidence, R.C. 2925.03(A), aggravated trafficking in drugs, sale, informant's credibility, Reagan Tokes Law, separation of powers, due process, access to counsel, consecutive sentences, R.C. 2929.14(C)(4)HessLawrence 11/15/2022 11/17/2022 2022-Ohio-4092
State v. Lemaster 22CA1CRIMINAL-SUBJECT MATTER JURISDICTION-PERSONAL JURISDICTION - In a single-judge county, absence in the record of an entry assigning case to common pleas judge of that county may be characterized as a procedural irregularity not affecting subject matter jurisdiction or personal jurisdiction, and to which an objection must be raised at the earliest opportunity.SmithMeigs 11/14/2022 11/21/2022 2022-Ohio-4157
Hughey v. Hughey 21CA13Trial courts must evaluate parties' requests for shared parenting. R.C. 3109.04(D)AbelePickaway 10/19/2022 10/25/2022 2022-Ohio-3791
State v. Tingler 21CA3962Defendant not denied his Sixth Amendment right to counsel when the trial court refused to permit him to replace appointed counsel on the morning of trial, nor did appointed counsel have a conflict of interest.AbeleScioto 10/19/2022 10/25/2022 2022-Ohio-3792
State v. Wells 21CA16Felonious assault verdict not against the manifest weight of the evidence; trial court did not err when denied Rule 29 motion for acquittal; Regan Tokes Act does not violate separation-of-powers doctrine.AbeleWashington 10/19/2022 10/25/2022 2022-Ohio-3793
State v. Cremeans 21CA3741R.C. 4511.39 - Trial court did not err in denying appellant's Motion to Suppress where R.C. 4511.39(A) is clear in its requirement that motorists use a turn signal when turning or moving right or left on a highway and the record indicates that the trooper correctly determined that the defendant had a duty to signal a turn when making a right turn, after stopping at a stop sign at the intersection at issue.SmithRoss 10/19/2022 11/3/2022 2022-Ohio-3932
Williams v. MJS Ents., Ltd. 22CA8motion to dismiss; Civ.R. 12(B); Civ.R. 56(C); summary judgment; personal jurisdiction; statute of limitationsHessWashington 10/13/2022 10/17/2022 2022-Ohio-3695
In re D.F. 22CA9juvenile offender registrant; R.C. 2152.83(A)(1); Eighth Amendment; cruel and unusual punishment; barbaric; Ohio Constitution, Article I, Section I; natural law rights; self-executing; due process; irrebuttable presumption; R.C. 2950.02(A)(2)HessJackson 9/27/2022 9/29/2022 2022-Ohio-3436
State v. Bolin 21CA14R.C. 2947.23 - The trial court did not abuse its discretion when it denied the appellant's motion to waive jury costs and instead imposed court costs in addition to jury costs; the appellant did not receive ineffective assistance of counsel despite counsel's request to waive only jury costs instead of all court costs.SmithAthens 9/26/2022 9/26/2022 2022-Ohio-3375
State v. Kuntz 20CA3731Kidnapping and rape convictions not allied offenses of similar import; appellant not denied effective assistance of counsel; appellant' s convictions are not against the manifest weight of the evidence.AbeleRoss 9/22/2022 9/26/2022 2022-Ohio-3376
State v. Drennen 21CA10Aggravated trafficking in drugs; trafficking in a Fentanyl related compound; indefinite mandatory prison sentence; constitutionality of Reagan Tokes Law (right to trial by jury, right to due process, separation-of-powers doctrine); plain error; R.C. 2929.14(A); R.C. 2929.144; R.C. 2967.271WilkinGallia 9/22/2022 9/27/2022 2022-Ohio-3413
In re B.J. 22CA3991Abuse, neglect, dependency case-totality of evidence presented at hearing shows that trial court's dependency adjudication not against the manifest weight of the evidence; superfluous neglected adjudication harmless error.AbeleScioto 9/14/2022 9/20/2022 2022-Ohio-3307
Neckles v. Ruthrauff 21CA12Trial court did not abuse its discretion in awarding custody of the parties' minor child to the child's mother.AbeleAthens 9/14/2022 9/20/2022 2022-Ohio-3308
State v. Long 20CA9Reagan Tokes Act; constitutionalHessPickaway 9/13/2022 9/13/2022 2022-Ohio-3212
McNichols v. Gouge Quality Roofing, L.L.C. 21CA15OHIO CONSUMER SALES PRACTICES ACT - Evidence before the trial court did not demonstrate Appellee's breach of roofing contract was intentional, knowing, or rooted in deception, thus, evidence did not warrant finding that breach of contract was also a breach of the Ohio Consumer Sales Practices Act entitling Appellants to treble damages; trial court did not abuse its discretion in failing to award attorney fees where evidence did not support finding that breach of contract was knowing.SmithPickaway 9/13/2022 9/20/2022 2022-Ohio-3294
State v. Halfhill 21CA4CRIMINAL-R.C. 2919.25(A)-DOMESTIC VIOLENCE-SUFFICIENCY OF THE EVIDENCE-MANIFEST WEIGHT OF THE EVIDENCE - The State was not required to have eyewitness testimony supporting the victim's version of events as the victim's testimony did not require corroboration and as a result the trial court did not err or abuse its discretion in permitting the victim to testify regarding her account of the events; because the evidence presented by the State at trial, if believed, could support a finding of guilt beyond a reasonable doubt, the conviction was supported by sufficient evidence; because it was within the trial court's discretion, as the finder of fact, to make credibility determinations regarding the witnesses and afford weight accordingly, we cannot conclude based upon the record before us that the trial court lost its way or that the conviction was against the manifest weight of the evidence.SmithGallia 9/8/2022 9/15/2022 2022-Ohio-3242
State v. McDougald 21-CA-3961Speedy trial; ineffective assistance of counselGwinScioto 9/8/2022 9/12/2022 2022-Ohio-3191
Cullimore v. Cullimore 21CA7CIVIL-DIVORCE-INCARCERATED PARTY-CIV.R. 59-CIV.R. 60(B) - Appellant's own choices prevented him from meaningful participation in divorce proceedings and trial court did not abuse its discretion in denying Appellant's motion to be physically present at final divorce hearing where affidavit in support of motion was not credible and trial court attempted to accommodate Appellant's request by allowing him to attend by Zoom; where Appellant failed to present evidence of value of various items of marital property, Appellant waived right to contest trial court's distribution of marital property; trial court did not abuse its discretion in denying Appellant's motion for relief from judgment under Civ.R. 60(B) and in failing to hold a hearing where Appellant's incarceration did not constitute excusable neglect and Appellant did not support motion with allegations of operative fact that he had a meritorious defense; trial court did not abuse its discretion in denying Appellant's motion for new trial pursuant to Civ.R. 59(A) where Appellant's incarceration did not constitute an irregularity through no fault of his own and Appellant failed to provide newly discovered evidence in support of his motion.SmithHocking 9/7/2022 9/13/2022 2022-Ohio-3208
State ex rel. Yost, Atty. Gen. v. Anthony 22CA2Contempt-trial court did not abuse its discretion by overruling appellant's motion to continue contempt hearing so that he could obtain counsel of his choosing; appellant had six weeks to retain counsel or to obtain appointed counsel and court issued summons that notified appellant that of the consequences of failing to make a good-faith effort to retain/obtain counsel in time for the hearing; court did not have independent duty to inquire whether appellant indigent and entitled to appointed counsel when appellant informed the court that he had spoken with an attorney who had agreed to represent appellant and when appellant made no claim that he could not afford to hire an attorney; trial court did not abuse its discretion by ordering appellant to satisfy arrearage under consent order by making scheduled payments until all money owned has been paid.AbeleHocking 9/7/2022 9/12/2022 2022-Ohio-3188
State v. Carver 21CA3943INEFFECTIVE ASSISTANCE - Trial counsel did not render deficient performance despite failing to object to leading questions and to lay witness opinion testimony because objections would not have changed the outcome of the trial where overwhelming evidence supporting convictions for endangering children demonstrated that Appellant intentionally broke a window and created a scene with her three young children watching; caused here own profuse bleeding which covered the children in blood; carried her infant in a chokehold so that it appeared lifeless and required medical treatment; and failed to cooperate in order to seek medical attention for the physically injured infant and mentally traumatized older children.SmithScioto 9/7/2022 9/14/2022 2022-Ohio-3223
State v. Gavin 21CA3956POSTCONVICTION DNA TESTING - Trial court erred when it limited its analysis to solely the evidence introduced at trial and did not take into consideration any evidence introduced during the postconviction state; R.C. 2953.71 et seq. does not govern nor limit testing performed at defendant's expense and thus, assuming there is an adequate parent sample and chain of custody can be maintained, trial court had no plausible reason to deny defendant's request for independent testing and therefore abused its discretion by summarily dismissing the motion.SmithScioto 8/25/2022 8/31/2022 2022-Ohio-3027
State v. Gray 21CA6Plea; R.C. 2953.08(D)(1), agreed sentence, authorized by law; ineffective assistance of counsel, prejudice; R.C. 2929.14(B)(1)(e), firearm specification, sentence enhancementWilkinWashington 8/19/2022 8/23/2022 2022-Ohio-2940
State v. Wolfe 21CA5Cruelty to animals; community-control sanction; forfeiture of abused animal; forfeiture of property procedures; animal as instrumentality; abuse of discretion; R.C. 959.13(A)(1); R.C. 959.99(D); R.C. 2929.25; R.C. 2929.27; R.C. 2941.1417; R.C. 2981.02(A)(1); R.C. 2981.04(A) & (B)WilkinAthens 8/17/2022 8/22/2022 2022-Ohio-2921
State v. Schumacher 21CA1145R.C. 2953.08(G)(2), clear and convincing, contrary to law; R.C. 2929.41, consecutive sentencesWilkinAdams 8/17/2022 8/23/2022 2022-Ohio-2939
State v. Chapman 21CA3742R.C. 2313.14(A)(4)-trial court did not err by excusing prospective juror who has Down Syndrome from jury service before voir dire; juror's father advised court that sitting on jury would not be in juror's best interest; trial judge was familiar with juror; allied offenses of similar import-trial court did not err by rejecting request to merge attempted murder and kidnapping offenses when offenses committed with separate animus; Reagan Tokes Law-Reagan Tokes law is not unconstitutional.AbeleRoss 8/17/2022 8/17/2022 2022-Ohio-2853
Hinerman v. Savant Sys., Inc. 21CA14workers' compensation; summary judgment; R.C. 4123.01(C); "in the course of" prong; "arising out of" prong; zone of employment; parking lot; finger injury; personal vehicleHessHocking 8/16/2022 8/17/2022 2022-Ohio-2857
In re A.R.W. 21CA19 & 22CA7Putative father; putative father registry; Civ.R. 60(B) motion; standing; jurisdictional-priority rule; probate court; juvenile court; concurrent jurisdiction; R.C. 3107.06; R.C. 3107.07; App.R. 16(A)(7)HessWashington 8/16/2022 8/18/2022 2022-Ohio-2874
Sears v. Sears 22CA914personal jurisdiction, service of process, rebuttable presumption of proper service, Civ.R. 4.1(A)(1)(a), due process, notice, reasonably calculatedHessPike 8/16/2022 8/19/2022 2022-Ohio-2898
State v. Burress 21CA19Crim.R. 32.1; motion to withdraw guilty plea; abuse of discretion; change of heartHessLawrence 8/16/2022 8/22/2022 2022-Ohio-2920
In re E.J.L. 21CA20Juvenile delinquency--trial court did not abuse its discretion by committing child adjudicated delinquent for committing an offense that would be a minor misdemeanor if committed by an adult to juvenile center and by ordering her to complete 100 community-service hours while housed at the juvenile centerWilkinWashington 8/12/2022 8/16/2022 2022-Ohio-2846
State v. Dixon 21CA8Trial court did not err when it declined to dismiss the indictment for speedy trial violation, found no prosecutorial misconduct, and appellant did not establish ineffective assistance of counsel.AbeleHocking 8/5/2022 8/12/2022 2022-Ohio-2807
State v. Hodge 19CA20 & 19CA21Identity fraud; falsification; grand theft auto of a motor vehicle; failure to appear; allied offenses; plain error; concurrent prison term; equal protection; jail-time credit; impose sentence on a dismissed count; restitution; inability to pay; clerical error; nunc pro tunc; R.C. 2913.49(B)(1); R.C. 2921.13(A)(3); R.C. 2941.25WilkinLawrence 8/3/2022 8/9/2022 2022-Ohio-2748
State v. Helterbridle 21CA1149 & 21CA1150consecutive sentences; R.C. 2929.14HessAdams 8/2/2022 8/10/2022 2022-Ohio-2756
Pierson v. White Pine Ins. Co. 21CA3Automobile Liability Insurance-towing and transporting of autos exclusion-insurance policy's exclusion for towing and transporting of autos not ambiguous; endorsement to policy plainly excluded coverage when an auto that is not identified in Item Seven, the Schedule of Covered Autos, is used to tow, move, haul, or carry other autos; insurer had no duty to defend and indemnify when insured involved in accident while using an auto, a semi-truck, that is not identified in Item Seven to tow, move, haul, or carry other autos, a trailer.AbeleHighland 7/28/2022 8/5/2022 2022-Ohio-2702
State v. Ludwick 21CA17rape; Evid.R. 404(B); other-acts evidence; prior bad acts; propensity evidence; intent; motive; plan; hearsay; harmless error; Crim.R. 52(A); cumulative error doctrine; ineffective assistance of counsel; court costs; R.C. 2947.23(C); de novo review; abuse of discretionHessHighland 7/26/2022 7/29/2022 2022-Ohio-2609
State v. Jewett 22CA3976petition for postconviction relief, R.C. 2953.21(A)(2)(a), R.C. 2953.23(A)(1), unavoidably prevented from discovering facts, historical facts of the caseHessScioto 7/26/2022 7/29/2022 2022-Ohio-2612
State v. Tolle 21CA1135CRIMINAL 4.11(C)(2) - Trial court erred in accepting defendant-appellant's guilty plea where the plea was not knowingly and intelligently entered where trial court, despite having no requirement to inform defendant-appellant of his limited appeal rights, incorrectly informed defendant-appellant that he would have the full right to appeal all decisions of the trial court after entering a guilty plea; prejudice caused by a trial court's error in informing defendant-appellant that he retains the full right to appeal all decisions of the trial court when entering a guilty plea is apparent on the face of the record and need not be specifically alleged or demonstrated by defendant-appellant.SmithAdams 7/25/2022 8/16/2022 2022-Ohio-2839
State v. Stevens 21CA15 & 21CA16final appealable order, jurisdiction, hanging chargeHessLawrence 7/19/2022 7/22/2022 2022-Ohio-2518
State v. Carver 20CA10CRIMINAL-POSTCONVICTION - Where a defendant's direct appeal is pending at the time a trial court rules on the defendant's postconviction petition, the pending direct appeal does not bar application of the doctrine of res judicata, if it is applicable, to claims raised in postconviction petition, overruling State v. Keeley, 2013, Ohio-474, 989 N.E.2d 80 (4th Dist.).SmithHighland 7/15/2022 8/3/2022 2022-Ohio-2653
State v. Bertram 21CA3950Burglary-appellant's burglary conviction not against manifest weight of the evidence and state presented sufficient evidence to support conviction when evidence established that appellant trespassed into an open garage by stealth or deception and took a leaf blower without the owner's consent; trial court did not abuse its discretion by overruling appellant's motion for a mistrial after juror indicated during polling that she did not agree with guilty verdict and by instead directing jury to return to deliberating; trial court did not abuse its discretion by overruling appellant's motion for mistrial due to allegation that jury saw appellant shackles-court did not believe that jurors saw shackles due to presence of modesty panels at the defense table; appellant's eight-year prison sentence for burglary conviction not contrary to law; trial counsel did not perform ineffectively; cumulative error doctrine does not apply.AbeleScioto 7/15/2022 7/19/2022 2022-Ohio-2488
State v. Poole 21CA1151felony sentencing; R.C. 2929.11; R.C. 2929.12HessAdams 7/5/2022 7/12/2022 2022-Ohio-2391
State v. Harvey 21CA3 & 21CA4speedy trial; ineffective assistance of counsel; manifest weight of the evidence; insufficient evidence; domestic violence; self defense; R.C. 2945.73; R.C. 2901.05HessWashington 6/29/2022 7/1/2022 2022-Ohio-2319
State v. Howard 21CA11Crim.R. 29(A); motion for a judgment of acquittal; sufficiency of the evidence; R. 2907.05(A)(1); gross sexual imposition; force or threat of forceHessLawrence 6/29/2022 7/6/2022 2022-Ohio-2347
Pertuset v. Hull 21CA3959CIVIL-CONVERSION-BAILMENT-REPLEVIN - Trial court did not err by granting summary judgment where evidence demonstrated that Appellants dispossessed themselves of their livestock and personal property by their own inaction during foreclosure proceedings, rendering their claim for conversion meritless; and where evidence did not demonstrate a bailment relationship existed between Appellants and Appellees, rendering their claim for bailment meritless; Appellants failed to follow required procedures for commencing a replevin action pursuant to R.C. 2737.03.SmithScioto 6/28/2022 7/6/2022 2022-Ohio-2348
In re E.H. 21CA6JUVENILE-REQUEST FOR CONTINUANCE-JUV.R. 20(B)-CIV.R. 5(B) - The trial court did not abuse its discretion in denying Appellant's motion for a continuance despite Appellant's failure to be present at the hearing, where Appellant's counsel was present at the hearing and had the opportunity to fully cross examine the agency's witnesses and Appellant was provided notice of the agency's motion requesting that the trial court place the child in the legal custody of the father where the motion was served upon her attorney, which is proper under both Juv.R. 20(B) and Civ.R. 5(B).SmithHocking 6/28/2022 7/14/2022 2022-Ohio-2417
State v. Mirkin 20CA7importuning, R.C. 2907.07; unauthorized use of a computer, R.C. 2913.04; sealing a criminal record, R.C. 2953.32; eligibility to have a record seal is reviewed de novo; grant or denial of motion to seal record is reviewed under an abuse of discretion standard of reviewWilkinJackson 6/23/2022 6/29/2022 2022-Ohio-2229
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