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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Bechtel v. Multi-Cast Corp.
| F-23-010 | Duhart. The trial court properly granted summary judgment to appellee as appellants failed to produce any evidence creating a genuine issue of material fact regarding: 1) any intent to injure on the part of appellee; and 2) the application of R.C. 2745.01(C) to appellants’ case. | Duhart | Fulton |
9/6/2024
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9/6/2024
| 2024-Ohio-3426 |
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State v. Diaz
| WD-23-032 | Trial court abused its discretion when it permitted an alleged rape victim to testify that she only reported the rape after she saw the defendant’s name on a sex offender website. The risk of unfair prejudice substantially outweighed the evidence’s probative value and the error was not harmless beyond a reasonable doubt. | Osowik | Wood |
9/6/2024
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9/6/2024
| 2024-Ohio-3427 |
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State v. Moussa
| L-23-1131 | Sulek, J. The trial court did not abuse its discretion in denying motion for expungement and to seal the record, and judicial assignment was not plain error. | Sulek | Lucas |
9/6/2024
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9/6/2024
| 2024-Ohio-3429 |
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Minshall v. Estate of Minshall
| E-21-059 | Zmuda, J., writing for the majority, finds that the trial court did not err in denying appellant’s motion to enforce a settlement agreement as no such settlement is permissible as a matter of law. The trial court did not err in assessing damages to the estate. Trial court erred in awarding attorney’s fees to appellees. Judgment affirmed in part and reversed in part. | Zmuda | Erie |
9/6/2024
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9/6/2024
| 2024-Ohio-3428 |
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State v. Campbell
| WD-24-022 | Trial court’s decision to deny defendant a pretrial bond was affirmed where the record contained clear and convincing evidence under R.C. 2937.222 that the accused committed the first-degree offense of kidnapping, that he poses a substantial risk of serious physical harm to the alleged victim or the community and that no release conditions will reasonably assure the safety of the victim and community. | Mayle | Wood |
8/30/2024
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8/30/2024
| 2024-Ohio-3340 |
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State v. Smith
| H-23-004, H-23-017, H-23-018, H-23-019 | No trial court error in convicting and sentencing appellant on seven counts of motorist-related violations. Judgment affirmed. Osowik. | Osowik | Huron |
8/30/2024
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8/30/2024
| 2024-Ohio-3344 |
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Reinhart v. Meijer
| L-23-1169 | Judge Duhart. Summary judgment was appropriate as store gave invitee adequate notice of the hazard. | Duhart | Lucas |
8/30/2024
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8/30/2024
| 2024-Ohio-3343 |
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Stachowiak v. Starbucks Corp.
| L-23-1278 | The trial court did not err in granting summary judgment where the employer took no affirmative steps creating a duty to protect third parties from an intoxicated employee. | Sulek | Lucas |
8/30/2024
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8/30/2024
| 2024-Ohio-3345 |
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State v. Chambers
| L-23-1068 | Per Mayle, J., trial court did not abuse its discretion by excluding evidence of and denying jury instruction on reasonable parental discipline. Appellant’s convictions are supported by sufficient evidence and are not against the weight of the evidence. Kidnapping and felonious assault convictions caused separate and identifiable harms, so they did not merge at sentencing. Trial court must make clear that sentence for qualified felony is stated minimum prison term, not definite prison term. | Mayle | Lucas |
8/30/2024
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8/30/2024
| 2024-Ohio-3341 |
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Tillimon v. Hollstein
| L-23-1277 | Per Mayle, J., appellant did not timely appeal trial court’s Civ.R. 60(B) judgments, so appellate court lacks jurisdiction to consider them. Appellant did not produce evidence of substantive probative value showing that appellee was not entitled to directed verdict under Civ.R. 50(A)(4). Trial court’s disposition of appellant’s motion for sanctions was not an abuse of discretion. Trial court’s verdict in favor of remaining defendants was not against the manifest weight of the evidence. | Mayle | Lucas |
8/30/2024
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8/30/2024
| 2024-Ohio-3346 |
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State v. Jury
| E-23-058 | Duhart. Affirming judgment denying (1) motion for leave to file a delayed motion for a new trial pursuant to Crim.R. 33(B), (2) motion for appointment of counsel, and (3) motion for an extension of time pursuant to Crim.R. 33(A)(6) and/or (B). | Duhart | Erie |
8/30/2024
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8/30/2024
| 2024-Ohio-3342 |
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State v. Costilla
| L-23-1122 | Zmuda, J., writing for the majority affirms the conviction where statements of victim and her daughter to 911 operator and to police were not testimonial hearsay, violative of the Confrontation Clause, and appellant’s challenge to sufficiency and weight of the evidence was not supported by the record. | Zmuda | Lucas |
8/23/2024
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8/23/2024
| 2024-Ohio-3221 |
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Angotti v. Jones
| E-23-056 | Sulek - Finding of contempt and setting purge condition of paying $27,000 as appellant’s share of his children’s medical expenses not an abuse of discretion where although some of the expenses were up to ten years old, appellee presented the bills over three years before the show cause hearing and appellant still failed to make any payments or plans for any payments | Sulek | Erie |
8/23/2024
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8/23/2024
| 2024-Ohio-3222 |
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State v. Muir
| L-23-1283 | Zmuda, J., writing for the majority, affirms the judgment, finding no requirement to prove intentional infliction of physical harm to sustain conviction for robbery, and therefore, trial counsel was not ineffective in recommending plea to robbery. | Zmuda | Lucas |
8/23/2024
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8/23/2024
| 2024-Ohio-3223 |
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State v. Alexander-Keels
| WD-23-044 | Sulek - Defendant’s counterfeiting convictions under R.C. 2913.30(B)(3) were not supported by sufficient evidence where the fraudulent debit cards were not an “obligation or other security” as they were neither activated nor loaded with funds Circumstantial evidence supported the possessing criminal tools conviction. Venue; concession of error. | Sulek | Wood |
8/16/2024
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8/16/2024
| 2024-Ohio-3138 |
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State v. Henson
| E-23-052 | Zmuda, J., writing for the majority, affirms the trial court’s judgment denying leave to file a motion for new trial based on the lack of clear and convincing proof that Henson was unavoidably prevented from filing the motion within the time provided under Crim.R. 33(B). As leave was denied, the trial court never properly reached the merits of Henson’s motion for new trial and no review of the merits is necessary on appeal. | Zmuda | Erie |
8/16/2024
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8/16/2024
| 2024-Ohio-3137 |
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Straley v. Morris
| L-23-1138 | Sulek - Trial court errs when it considers issues of causation and contributory fault during a damages hearing following a default judgment | Sulek | Lucas |
8/9/2024
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8/9/2024
| 2024-Ohio-3043 |
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State v. Mason
| WD-23-016 | Per Mayle, J., juror’s remarks to trial judge during ex parte meeting with jurors suggested that she discussed case outside of jury room and formed opinion as to guilt before all evidence was presented. Trial court properly designated her an alternate juror. Defendant did not request that other jurors be examined, and under circumstances, court did not commit plain error by failing to voir dire other jurors. Because there was no plain error, court did not abuse discretion in denying motion for a mistrial. | Mayle | Wood |
8/9/2024
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8/9/2024
| 2024-Ohio-3042 |
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American Eagle Invests., Inc. v. Marco’s Franchising, L.L.C.
| L-23-1182 | Per Mayle, J., provision in area representative agreement required entity, but not its principal owners, to confine its activities to franchisor’s business. Question of fact existed concerning whether principal owners/managing operators devoted less than full-time attention to franchisor’s business, thereby breaching agreement. Summary judgment in favor of franchisor reversed. | Mayle | Lucas |
8/9/2024
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8/9/2024
| 2024-Ohio-3038 |
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State v. Scott
| L-23-1141 | Sulek - Conviction for murder and felonious assault not based on insufficient evidence or against the manifest weight of the evidence where appellant’s DNA was found with the victim’s DNA in a condom lying next to the victim and where a fellow prisoner testified that appellant confessed to shooting the victim. Trial court must consider State’s argument at sentencing as to what conduct supports what crime for purposes of merger analysis. | Sulek | Lucas |
8/9/2024
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8/9/2024
| 2024-Ohio-3044 |
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State v. Pettaway
| L-23-1241 | Trial court did not err in scope or conclusions of motion to suppress determination. Judgment affirmed. | Osowik | Lucas |
8/9/2024
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8/9/2024
| 2024-Ohio-3041 |
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In re R.B.
| L-23-1292 | Mother’s challenge to trial court’s adoption of magistrate decision, granting grandmother’s complaint for legal custody, was deemed to have been waived where mother failed to file objections to the magistrate’s decision under Juv.R. 40(D)(3)(b)(iv). | Mayle | Lucas |
8/9/2024
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8/9/2024
| 2024-Ohio-3040 |
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State v. Cleveland
| L-23-1224 & L-23-1225 | Sulek - Trial court did not err in finding that Alford plea was knowingly, intelligently, and voluntarily made where it engaged in a Crim.R. 11 colloquy with the defendant and the defendant used one-word answers to respond that he understood the nature of the charges and maximum penalties involved, the effect of the plea, and the rights he was waiving. | Suleck | Lucas |
8/9/2024
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8/9/2024
| 2024-Ohio-3039 |
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State v. Gallardo
| OT-23-025, OT-23-026 | Osowik - Trial court did not err in finding that consecutive sentences were necessary to protect the public and were not disproportionate to the danger posed by appellant, a serial sex offender since the 1980s. Judgment affirmed. | Osowik | Ottawa |
8/2/2024
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8/2/2024
| 2024-Ohio-2942 |
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State v. Hardin
| L-22-1215, L-22-1216 | Appellant’s 31 bench trial convictions arising from the systematic maltreatment and mishandling of corpses while unlawfully operating as a funeral director without the required education, licensure, facilities, and equipment, were not against the manifest weight of evidence and were supported by sufficient evidence. Judgment affirmed. | Osowik | Lucas |
8/2/2024
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8/2/2024
| 2024-Ohio-2943 |
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State v. Hussein
| L-23-1075 | Judge Duhart. Ineffective Assistance of Counsel. Crim R. 29 Motion. Manifest Weight. | Duhart | Lucas |
8/2/2024
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8/2/2024
| 2024-Ohio-2944 |
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Vermilion Twp. Bd. of Trustees v. Novotny
| E-23-039 | Judgment affirmed where appellant challenged the underlying zoning violation, never appealed, but the trial court granted injunctive relief by summary judgment, and the record supported the judgment | Zmuda | Erie |
8/2/2024
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8/2/2024
| 2024-Ohio-2946 |
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State v. Merriweather
| L-23-1118 | Duhart. Reversing trial court’s decision, which was based on the now reversed case of United States v. Rahimi, 61 F.4th 443 (2023). | Duhart | Lucas |
8/2/2024
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8/2/2024
| 2024-Ohio-2945 |
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Fenicle v. Heinze
| F-23-007 | Duhart. 1) Delayed ruling did not result in prejudice; 2) Modifying child support before ruling on objections was not error; 3) Child support order was improper to the extent that it ordered Mother to pay child support from April 2021 to March 2022; 4) Mother properly named child support obligor; 5) Rejecting stipulations was proper; 6) Attorney fees were proper. 7) Tax dependency allocation was proper. | Duhart | Fulton |
8/2/2024
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8/2/2024
| 2024-Ohio-2941 |
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State v. Vasquez
| L-23-1300 | Trial court retains jurisdiction to consider a post-sentence motion to withdraw a guilty plea where the conviction was never appealed and the time for filing an appeal had expired. | Sulek | Lucas |
8/2/2024
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8/2/2024
| 2024-Ohio-2947 |
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State v. Richardson
| L-24-1008 | Zmuda, J., writing for the majority, affirms the judgment, in part, but reverses as to the imposition of discretionary costs as the trial court failed to address costs at the time of sentencing. | Zmuda | Lucas |
7/26/2024
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7/26/2024
| 2024-Ohio-2840 |
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Coykendall v. Lima Refining Co.
| L-23-1100 | No error in giving jury instruction on duty where it was a correct statement of law and was warranted by the facts of the case that presented a disagreement over the scope of the duty owed in an oral agreement. No error in denying motion for JNOV on issue of causation in a toxic substances case where expert witnesses were permitted to testify to general and specific causation. No error in apportioning damages for comparative fault before applying statutory cap on noneconomic damages. | Sulek | Lucas |
7/26/2024
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7/26/2024
| 2024-Ohio-2835 |
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State v. McKenzie
| S-23-029 | Per Mayle, J., defendant “has tested positive as a carrier” of HIV and knowingly engaged in sex with victim without first disclosing this, so conviction under R.C. 2903.11(B)(1) was not against weight or sufficiency of evidence. Statute is rationally related to State’s legitimate interest in curbing transmittal of HIV and does not violate equal protection. Although defendant was incapable of transmitting HIV, matter presents broader policy issue for legislature. Statute regulates conduct, not speech | Mayle | Sandusky |
7/26/2024
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7/26/2024
| 2024-Ohio-2841 |
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State v. Koperski
| WD-23-029 | Judge Duhart. Alford plea. Reasons for plea. Factual basis. Invited error | Duhart | Wood |
7/26/2024
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7/26/2024
| 2024-Ohio-2838 |
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State v. Holbrook
| H-23-015 | Zmuda, J., writing for the majority, affirms the court’s imposition of jointly recommended sentences. | Zmuda | Huron |
7/26/2024
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7/26/2024
| 2024-Ohio-2837 |
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State v. Lantow
| WD-23-037 | Judge Duhart. Consecutive sentences | Duhart | Wood |
7/26/2024
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7/26/2024
| 2024-Ohio-2839 |
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State v. Hall
| WD-23-053, WD-23-054 | Mayle - Defendant failed to show ineffective assistance of counsel over trial counsel’s failure to request discovery from the state. Generally, the absence of a discovery demand is deemed a tactical decision, not deficient performance. | Mayle | Wood |
7/26/2024
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7/26/2024
| 2024-Ohio-2836 |
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State v. Woodworth
| WD-23-014 | Per, Zmuda, J., by entering guilty plea, defendant was precluded from challenging factual basis for conviction. Defendant’s statements during plea colloquy demonstrated that he understood nature of offense; trial court’s failure to advise him of elements of offense did not render plea unknowing, unintelligent, or involuntary. By entering plea of guilty, defendant waived right to challenge court’s determination that victim was competent to testify. | Zmuda | Wood |
7/19/2024
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7/19/2024
| 2024-Ohio-2756 |
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State v. Brazzel
| L-23-1218, L-23-1219 | Zmuda, J., writing for the majority reverses, in part, as to discretionary costs imposed in the judgment entry without first imposing the costs at the sentencing hearing. | Zmuda | Lucas |
7/19/2024
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7/19/2024
| 2024-Ohio-2752 |
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Landis Properties 1, L.L.C. v. Sheehan
| L-23-1157 | In a forcible entry and detainer action, the trial court did not err in granting restitution of the real property to rental company. | Sulek | Lucas |
7/19/2024
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7/19/2024
| 2024-Ohio-2755 |
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Lukasiewicz v. Piotrowicz
| L-23-1180 | Zmuda, J., writing for the majority, finds that trial court did not abuse its discretion in denying appellant’s request for amendment by consent pursuant to Civ.R. 15(B). Trial court properly granted motion for summary judgment as there were no genuine issues of material fact and appellee was entitled to judgment as a matter of law. | Zmuda | Lucas |
7/19/2024
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7/19/2024
| 2024-Ohio-2754 |
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State v. Hashim
| L-23-1120 | The best evidence rule does not prohibit the admission of the testimony and report of an expert witness in ballistics matching where although photographs were taken of the characteristics on the projectile and shell casings, the testimony and report were not offered to prove the content of those photographs. | Sulek | Lucas |
7/19/2024
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7/19/2024
| 2024-Ohio-2753 |
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State v. Gebrosky
| WD-23-020, WD-23-021 | Zmuda, J., writing for the majority, affirms the judgment, finding the verdict supported by the weight of the evidence and any error in admitting the victim’s testimony regarding a prior incident of sexual assault did not result in reversal error, considering the weight of the admissible evidence in the record. | Zmuda | Wood |
7/12/2024
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7/12/2024
| 2024-Ohio-2659 |
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State v. Jama
| WD-23-057 | The speedy trial time in this case was tolled for 237 days based on Jama’s neglect in failing to respond within a reasonable time to the State’s request for discovery. | Sulek | Wood |
7/12/2024
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7/12/2024
| 2024-Ohio-2657 |
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Wiczynski v. Hutton
| L-23-1135 | Zmuda, J., writing for the majority, finds that trial court properly denied appellant’s Civ.R. 60(B) motion for relief from judgment as appellant failed to identify a meritorious claim or defense to pursue had the relief been granted, and further finds that appellant waived her ability to challenge subject matter jurisdiction by stipulating to facts that supported trial court’s exercise of subject matter jurisdiction. | ZMUDA | Lucas |
7/12/2024
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7/12/2024
| 2024-Ohio-2660 |
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Bowling v. Norman
| WD-23-043 | Trial court erred in reversing CDL disqualification. R.C. 4506.15(A)(6) prohibits holder of CDL from driving in violation of R.C. 4511.19. Appellant was convicted of OVI under R.C. 4511.19, therefore, he violated R.C. 4506.15(A)(6). R.C. 4506.16(D)(1) requires disqualification of CDL for conviction for violation of R.C. 4506.15(A)(2) through (12). Appellant’s conviction under R.C. 4511.19 was violation of R.C. 4506.15(A)(6) requiring disqualification. | Mayle | Wood |
7/12/2024
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7/12/2024
| 2024-Ohio-2658 |
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In re J.T.
| H-24-002, H-24-003, H-24-004, H-24-005, H-24-006, H-24-007 | Termination of parental rights is not against the manifest weight of the evidence where father and mother failed to substantially remedy the conditions that led to the children being removed from their care. Father, who was incompetent, was not prejudiced by lack of guardian ad litem appointment. | Sulek | Huron |
7/3/2024
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7/3/2024
| 2024-Ohio-2570 |
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In re L.N.
| H-23-025 | Trial court’s finding, that a grant of legal custody to caregivers was in the young child’s best interest, was not an abuse of discretion where child had lived with couple for over a year and by all accounts was receiving “excellent care.” Trial court’s finding was also supported by the child’s guardian ad litem and the children services agency. | Mayle | Huron |
7/3/2024
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7/3/2024
| 2024-Ohio-2571 |
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Hall v. Hall
| L-23-1014 | Zmuda, J., writing for the majority, dismisses the appeal as untimely. | Zmuda | Lucas |
7/3/2024
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7/3/2024
| 2024-Ohio-2569 |
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State v. Lathan
| L-23-1036 | Per Mayle, J., trial court did not abuse its discretion under Crim.R. 16 and 12.2 in excluding recording offered by defendant that was not disclosed until after the State rested. Conviction was not against manifest weight of evidence where jury rejected defendant’s claim of self-defense. Juror did not conceal or fail to disclose information requested in voir dire, thus trial court properly denied motion for new trial under Crim.R. 33(A)(2). | Mayle | Lucas |
6/28/2024
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6/28/2024
| 2024-Ohio-2514 |
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