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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
Univ. of Toledo v. Am. Assn. Univ. Professors
| L-24-1221 | Per Mayle, J., trial court improperly vacated arbitrator’s award because the arbitrator did not exceed his authority, the award drew its essence from the parties’ collective bargaining agreement, and the award was not arbitrary, capricious, or unlawful. | Mayle | Lucas |
8/22/2025
|
8/22/2025
| 2025-Ohio-3008 |
State v. Jones
| E-24-009 | Duhart. Trial court erred by admitting other-acts evidence because state failed to show that it was for a non-propensity purpose, however the error was harmless. Also, appellant’s convictions are supported by sufficient evidence and were not against the weight of the evidence. Finally, appellant failed to establish that his trial counsel was ineffective. | Duhart | Lucas |
8/19/2025
|
8/19/2025
| 2025-Ohio-2958 |
State v. Kincade
| L-24-1200 | Sulek, J. In a felony case involving a mandatory fine, ineffective assistance of counsel is not shown where the record lacks evidence that had counsel filed an affidavit of indigency it would have been granted. R.C. 2929.18. | Sulek | Lucas |
8/19/2025
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8/19/2025
| 2025-Ohio-2959 |
T.M. v. McNair
| OT-24-039 | Appellant failed to file timely objections to the trial court’s adoption of the magistrate’s decision granting a Civil Stalking Protection Order ("CSPO") as required by Civ.R. 65.1(G). For this reason, the appeal is dismissed. | Sulek | Ottawa |
8/19/2025
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8/19/2025
| 2025-Ohio-2960 |
Baber v. Mikolayczyk
| S-24-022 | Where the servient estate holder challenged the validity and location of an express easement over his property but failed to include the hearing transcript and evidence on appeal, the lower court’s judgment would be affirmed. Osowik. | Osowik | Sandusky |
8/15/2025
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8/15/2025
| 2025-Ohio-2910 |
In re R.M.
| H-24-028 & H-24-029 | Under R.C. 2151.28(L), where the juvenile court has failed to make the specific findings of fact and conclusions of law in support of its adjudication of dependency, the judgment must be reversed and the matter remanded to the juvenile court to make the statutorily required written findings. Osowik. | Osowik | Huron |
8/15/2025
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8/15/2025
| 2025-Ohio-2909 |
Valero v. Futrell
| L-24-1295 | Zmuda, J., writing for the majority, affirms the trial court’s judgment finding the police officers entitled to statutory immunity under R.C. Chapter 2744 based on the lack of evidence to support a finding of recklessness by the officers in the performance of their duties. | Zmuda | Lucas |
8/12/2025
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8/12/2025
| 2025-Ohio-2843 |
State v. Villolovos
| L-24-1192 | Judge Duhart. Sufficiency of the Evidence. Manifest Weight. | Duhart | Lucas |
8/12/2025
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8/12/2025
| 2025-Ohio-2844 |
State v. Ridener
| WD-24-029 | Judge Duhart, trial court was required to impose a prison sentence on an underlying felony as appellant was found guilty of a corresponding firearm specification. | Duhart | Wood |
8/12/2025
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8/12/2025
| 2025-Ohio-2845 |
In re B.
| WD-24-071 | No probate court error in determining appellee’s written consent was required and dismissing appellant-petitioner’s petition for adoption of minor child. Judgment affirmed. Osowik | Osowik | Wood |
8/8/2025
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8/8/2025
| 2025-Ohio-2801 |
Veller v. K.B.
| WD-24-066 | Duhart. Homeowner’s insurance. Car accident. Coverage. | Duhart | Wood |
8/8/2025
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8/8/2025
| 2025-Ohio-2802 |
State v. Adams
| L-24-1234 | Trial court properly denied motion to suppress. The record shows that the subject traffic stop was attempted, but was not effectuated; appellant fled the attempted stop, triggering a high speed chase, followed by appellant’s abandonment of his vehicle, and flight on foot. Judgment affirmed. | Osowik | Lucas |
8/8/2025
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8/8/2025
| 2025-Ohio-2800 |
Galloro v. SAR Hospitality, L.L.C.
| L-24-1273 | Duhart. Motion for default. Civ.R. 12(B)(6) motion to dismiss. Statute of limitations. | Duhart | Lucas |
8/5/2025
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8/5/2025
| 2025-Ohio-2751 |
State v. Smith
| L-24-1097 | No trial court sentencing error for imposing penalty enhancement for firearm specification in addition to underlying felony and for staying the firearm destruction pending appeal. Judgment affirmed. Osowik. | Osowik | Lucas |
8/5/2025
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8/5/2025
| 2025-Ohio-2752 |
Davis v. Stoykoff
| L-24-1281 | Trial court erred granting summary judgment to appellee because the probable-cause element in the negligence claim was a genuine issue of material fact to defeat summary judgment. Judgment reversed. Osowik. | Osowik | Lucas |
8/1/2025
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8/1/2025
| 2025-Ohio-2710 |
State v. Holz
| E-24-025 & E-24-035 | Because the defendant failed to make an offer of proof when the trial court barred his sole witness from testifying at trial, defendant’s claim—that the trial court violated his right to a fair trial—was not preserved for appeal and could not be reviewed. | Osowik | Lucas |
8/1/2025
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8/1/2025
| 2025-Ohio-2711 |
State v. Mitchell
| L-24-1275 | Zmuda, J., writing for the majority, finds that the trial court did not err in denying appellant’s petition for post-conviction relief. State did not commit Brady violation as it had provided all allegedly concealed evidence during discovery. | Zmuda | Lucas |
8/1/2025
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8/1/2025
| 2025-Ohio-2712 |
State v. Morse
| WD-24-072 | Per Mayle, J., appellant failed to prove that trial court’s proportionality finding under R.C. 2929.14(C)(4) was clearly and convincingly not supported by the record, so trial court properly imposed consecutive sentences. | Mayle | Wood |
8/1/2025
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8/1/2025
| 2025-Ohio-2713 |
State v. Coker
| WD-22-054 | Sulek, J. Trial court was not ineffective by failing to challenge the constitutionality of the Reagan Tokes Law and defendant was not unfairly prejudiced by prosecutorial misconduct. | Sulek | Wood |
7/29/2025
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7/29/2025
| 2025-Ohio-2656 |
State v. Rickman
| WD-24-051 & WD-24-052 | Judge Duhart; res judicata | Duhart | Wood |
7/29/2025
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7/29/2025
| 2025-Ohio-2657 |
State v. Eames
| L-24-1189 | Zmuda, J., writing for the majority, affirms the judgment, finding no error as to the trial court’s denial of merger based on finding the offenses of involuntary manslaughter and kidnapping were not allied offense of similar import, subject to merger. | Zmuda | Lucas |
7/25/2025
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7/25/2025
| 2025-Ohio-2617 |
In re J.J.
| L-25-00046 | Termination of parental rights is not against the manifest weight of the evidence where father failed to substantially remedy the conditions that led to the child being removed from his care, and the juvenile court did not abuse its discretion in failing to extend agency’s temporary custody. | Sulek | Lucas |
7/25/2025
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7/25/2025
| 2025-Ohio-2618 |
Martin v. Toledo Clinic, Inc.
| L-24-1276 | Per Mayle, J., summary judgment reversed as to first treating orthopedist where expert’s testimony, viewed in its entirety, expressed reasonable probability that displacement of fracture was proximately caused by failure to advise patient not to bear weight. Question of fact whether patient was advised not to bear weight. Summary judgment affirmed as to second treating orthopedist. No expert testified to reasonable probability that failure to prescribe antibiotic proximately caused patient’s injuries. | Mayle | Lucas |
7/25/2025
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7/25/2025
| 2025-Ohio-2619 |
State v. Diebert
| WD-24-062 | Sulek, J., writing for the majority, affirms the trial court’s issuance of a civil stalking protection order. | Sulek | Lucas |
7/25/2025
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7/25/2025
| 2025-Ohio-2620 |
Weitzel v. Bryson/Tucker Elec., L.L.C.
| L-24-1114 | Zmuda, J., writing for the majority, affirms the trial court’s order granting summary judgment and dismissing intentional tort claim against appellant’s employer and negligence claims against general contractor and another subcontractor. No genuine issue of material fact that appellant’s employer acted with deliberate intent to injure or that general contractor and subcontractor actively participated in appellant’s work activities. | Zmuda | Lucas |
7/22/2025
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7/22/2025
| 2025-Ohio-2577 |
State v. Dawes
| OT-24-031 | Duhart. Reversing judgment of sentence on grounds that trial judge improperly relied on Dawes’s refusal to give officers consent to search his cell phone. | Duhart | Ottawa |
7/22/2025
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7/22/2025
| 2025-Ohio-2576 |
State v. Gingrich
| L-24-1237 | Trial court did not err in not merging kidnapping and involuntary manslaughter offenses; they were committed separately, with separate victims, separate harm, and thus, they were not R.C. 2941.25 allied offenses of similar import. Judgment affirmed. | Osowik | Lucas |
7/18/2025
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7/18/2025
| 2025-Ohio-2546 |
State v. Carter
| WD-24-063 | Sulek - Trial court’s imposition of consecutive sentences in child pornography case not clearly and convincingly unsupported by the record where defendant possessed around 10,000 images and videos including some depicting him performing sexual acts on an infant family member. | Sulek | Wood |
7/18/2025
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7/18/2025
| 2025-Ohio-2545 |
State v. Arnold
| WD-24-059 | Judge Zmuda, writing for the majority, affirms the judgment of the trial court, finding nothing in the record to support the claim that the defendant suffered from insanity at the time of the offenses for which the trial court entered convictions, where defendant entered a guilty plea to three charges in return for dismissal of an earlier case and 29 charges in the present case, negotiated through trial counsel after restoration to competency. | Zmuda | Wood |
7/18/2025
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7/18/2025
| 2025-Ohio-2547 |
Bursley v. Crisp
| H-25-006 | In a real estate tax foreclosure case, summary judgment was properly granted to the plaintiff county treasurer because she provided prima facie evidence of tax delinquency and defendant did not counter with any evidence. Real estate was subject to taxation under Ohio law. Summary judgment did not violate defendant’s due process rights. | Mayle | Lucas |
7/15/2025
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7/15/2025
| 2025-Ohio-2500 |
State v. Roe
| WD-24-044 | Judge Duhart, consecutive sentences, appellate court’s inability to review sentence for trial court’s compliance with R.C. 2929.11 and 2929.12. | Duhart | Lucas |
7/15/2025
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7/15/2025
| 2025-Ohio-2501 |
State v. Sutton
| L-24-1067 | Duhart. Venue. Free Speech. Manifest weight of the evidence challenge. | Duhart | Lucas |
7/11/2025
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7/11/2025
| 2025-Ohio-2469 |
Williams v. Chelsea Place Apts.
| L-24-1173 | Per Osowik, J., Payment of two months’ rent was consideration for Buyout Option, pursuant to which residential landlord allowed early termination of lease; it was not liquidated damages provision nor an unenforceable penalty. While landlord would have owed duty to mitigate damages owed by tenant for breach of lease agreement, by entering into Buyout Option, tenant was not entitled to offset for rent collected from new tenant. | Osowik | Lucas |
7/8/2025
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7/8/2025
| 2025-Ohio-2417 |
State v. De La Rosa
| L-24-1148 | Judge Zmuda, writing for the majority, reversed as to imposition of costs of supervision and affirmed as to remaining judgment including costs of confinement, finding trial court properly made finding regarding appellant’s ability to pay based on evidence in the record | Zmuda | Lucas |
7/8/2025
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7/8/2025
| 2025-Ohio-2418 |
State v. Wallace
| L-24-1223 | Duhart. Reversing and remanding to trial court for hearing on the issue of damages. | Duhart | Lucas |
7/8/2025
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7/8/2025
| 2025-Ohio-2419 |
State v. Stuart
| L-24-1170 | Zmuda, J., writing for the majority, finds that the state presented sufficient evidence to support appellant’s convictions, that the trial court erred in failing to give appellant required notifications at sentencing, and that the trial court erred in ordering forfeiture of appellant’s personal property when the indictment included no specification for said forfeiture. Judgment affirmed, in part, and reversed, in part. | Zmuda | Lucas |
7/8/2025
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7/8/2025
| 2025-Ohio-2420 |
In re Hasenfratz
| L-24-1235 | Zmuda. Reversing trial court’s denial of appellant’s motion to quash subpoenas requesting the entirety of the Decedent’s estate planning file. Matter is remanded to the trial court for evidentiary hearing or for in camera review of the file, and for a decision as to which materials are protected, as well as which are unprotected, under the attorney-client privilege or the work-product doctrine. | Zmuda | Lucas |
7/3/2025
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7/3/2025
| 2025-Ohio-2372 |
State v. Adams
| OT-24-019 | Appellant’s convictions of obstruction and failure to comply were not against the manifest weight of the evidence. The trial court did not err in not merging the separate, identifiable offenses as allied offenses. Trial court erred in failing to do mandatory R.C. 2981.09 proportionality review for the imposition of vehicle forfeiture at sentencing. Judgment affirmed, in part, and reversed, in part. | Osowik | Ottawa |
7/3/2025
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7/3/2025
| 2025-Ohio-2371 |
Rios v. Bassett-Bocker
| L-24-1046 | Duhart. Res judicata. Collateral estoppel/issue preclusion. Modification of custody | Duhart | Lucas |
7/1/2025
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7/1/2025
| 2025-Ohio-2328 |
State v. Williams
| L-24-1113 | Defendant’s motion to suppress was properly denied where the affidavit supporting the search warrant showed a nexus between the defendant’s criminal activity and the place to be searched. However, the trial court’s failure to notify defendant of his right to require the State to prove his guilt beyond a reasonable doubt, before accepting his plea, renders the plea invalid. | Osowik | Lucas |
7/1/2025
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7/1/2025
| 2025-Ohio-2331 |
Erie Cty. Dept. of Job & Family Servs. v. Ray
| E-24-037 | Zmuda, J., writing for the majority, affirms the trial court’s order granting motion for judgment on the pleadings because the department of an unchartered county is not sui juris but reverses the trial court’s judgment dismissing the entire action when one-year period from complaint’s filing had not yet expired and claims against fictitiously named defendants remained. | Zmuda | Erie |
7/1/2025
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7/1/2025
| 2025-Ohio-2327 |
State v. Himon
| WD-24-060 | Duhart. Any potential ambiguity in the trial court’s oral colloquy regarding the right not to be compelled to testify was clarified by the written plea form. Therefore, the trial court strictly complied with Crim.R. 11 in this case. | Duhart | Wood |
7/1/2025
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7/1/2025
| 2025-Ohio-2329 |
State v. Wrosch
| WM-24-019 | Zmuda, J., writing for the majority, finds that the state introduced sufficient evidence to support appellant’s conviction. Judgment affirmed. | Zmuda | Williams |
7/1/2025
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7/1/2025
| 2025-Ohio-2330 |
State v. Dotts
| S-24-016 | Sulek, J. In an Operating a Vehicle Impaired ("OVI") prosecution, defendant’s counsel was not ineffective in failing to move for acquittal under Crim.R. 29 or identify a potential witness and the conviction was not against the weight of the evidence. | Sulek | Sandusky |
6/30/2025
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6/30/2025
| 2025-Ohio-2315 |
Berrospi v. Michigan
| WD-25-040 | (Osowik): Where petitioner seeking a writ of habeas corpus alleged that she was incarcerated in another state, this court had no jurisdiction to adjudicate her case. | Osowik | Wood |
6/30/2025
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6/30/2025
| 2025-Ohio-2314 |
Toledo v. Klink
| L-24-1251, L-24-1252 | Domestic-violence convictions were not against the manifest weight of the evidence where the trial court rejected defendant’s claim of self-defense. While defendant met her burden to produce evidence tending to show self-defense, the city also met its burden to prove beyond a reasonable doubt that defendant did not act in self-defense. | Mayle | Lucas |
6/30/2025
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6/30/2025
| 2025-Ohio-2316 |
State v. Snipes
| L-24-1293 | Snipes’ first and second assignments of error are not well-taken and the judgment of the Lucas County Court of Common Pleas is affirmed. | Sulek | Lucas |
6/30/2025
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6/30/2025
| 2025-Ohio-2317 |
State ex rel. Savage v. Tone
| L-25-00104 | Judge Duhart. Relator failed to comply with R.C. 2969.25(A) because he did not file an affidavit containing a description of each civil action or appeal of a civil action that relator has filed in the previous five years in any state or federal court. | Duhart | Lucas |
6/30/2025
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6/30/2025
| 2025-Ohio-2318 |
State v. Weemes
| L-24-1137 | Sulek, J. Assault conviction was not against the manifest weight of the evidence where the State disproved defendant’s self-defense claim. | Sulek | Lucas |
6/30/2025
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6/30/2025
| 2025-Ohio-2319 |
State v. Pettaway
| L-24-1154 | Per Mayle, J., assault and domestic violence convictions are supported by sufficient evidence where appellant caused pain and bruise by pushing wife, pulling off her glued-on wig, and throwing her to floor. Convictions are not against the manifest weight of the evidence because discrepancies between report taken by responding police officer and report wife made three days later do not discredit wife’s testimony; wife reported most details in second report to responding officer, but he did not include them. | Mayle | Lucas |
6/27/2025
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6/27/2025
| 2025-Ohio-2260 |
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