|
| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
State v. Koperski
| WD-23-029 | Judge Duhart. Alford plea. Reasons for plea. Factual basis. Invited error | Duhart | Wood |
7/26/2024
|
7/26/2024
| 2024-Ohio-2838 |
|
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
|
7/26/2024
| 2024-Ohio-2837 |
|
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
|
7/26/2024
| 2024-Ohio-2841 |
|
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
|
7/26/2024
| 2024-Ohio-2835 |
|
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
|
7/26/2024
| 2024-Ohio-2840 |
|
State v. Lantow
| WD-23-037 | Judge Duhart. Consecutive sentences | Duhart | Wood |
7/26/2024
|
7/26/2024
| 2024-Ohio-2839 |
|
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
|
7/26/2024
| 2024-Ohio-2836 |
|
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
|
7/19/2024
| 2024-Ohio-2755 |
|
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
|
7/19/2024
| 2024-Ohio-2753 |
|
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
|
7/19/2024
| 2024-Ohio-2754 |
|
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
|
7/19/2024
| 2024-Ohio-2752 |
|
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
|
7/19/2024
| 2024-Ohio-2756 |
|
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
|
7/12/2024
| 2024-Ohio-2659 |
|
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
|
7/12/2024
| 2024-Ohio-2660 |
|
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
|
7/12/2024
| 2024-Ohio-2657 |
|
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
|
7/12/2024
| 2024-Ohio-2658 |
|
Hall v. Hall
| L-23-1014 | Zmuda, J., writing for the majority, dismisses the appeal as untimely. | Zmuda | Lucas |
7/3/2024
|
7/3/2024
| 2024-Ohio-2569 |
|
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
|
7/3/2024
| 2024-Ohio-2571 |
|
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
|
7/3/2024
| 2024-Ohio-2570 |
|
State ex rel. Yost v. Wylie
| WD-23-040 | Zmuda, J., writing for the majority, affirms the judgment finding violations of Ohio water pollution control laws, imposing civil penalties, and granting injunctive relief as there was competent credible evidence to support the findings as to each violation and the trial court did not abuse its discretion in imposing civil penalties. | Zmuda | Wood |
6/28/2024
|
6/28/2024
| 2024-Ohio-2498 |
|
State v. Kretzer
| L-23-1107 | Zmuda. Trial court did not err in concluding that appellant’s offenses were not allied and proceeding to sentence appellant on each offense. Trial court did not err in imposing consecutive sentences. | Zmuda | Lucas |
6/28/2024
|
6/28/2024
| 2024-Ohio-2494 |
|
In re J.C.
| E-23-026 | Duhart. Juvenile. Motion to Suppress. Delinquent Child. Robbery. Identification. | Duhart | Erie |
6/28/2024
|
6/28/2024
| 2024-Ohio-2513 |
|
Kopaniasz v. Kopaniasz
| L-23-1196 | Per Mayle, J., the trial court did not abuse its discretion by including income from a job father held for three months in his yearly gross income for child support purposes. The court did not improperly impute income to father. The court miscalculated father’s additional income, so its determination of father’s gross income was against the manifest weight of the evidence. | Mayle | Lucas |
6/28/2024
|
6/28/2024
| 2024-Ohio-2493 |
|
State v. Whitaker
| L-23-1142 | Zmuda, J., writing for the majority, affirms in part as to conviction for aggravated vehicular homicide under R.C. 2903.06(A)(1)(a) as conviction for DUI under R.C. R.C. 4511.19(A) not necessary for aggravated vehicular homicide conviction, and reverses in part, as to restitution awarded to victim’s family. Restitution awarded to victim’s family improper based on possible reimbursement by victim’s estate to the victim’s insurance company, after insurance had paid medical bills. | Zmuda | Lucas |
6/28/2024
|
6/28/2024
| 2024-Ohio-2495 |
|
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
|
6/28/2024
| 2024-Ohio-2514 |
|
Belcher v. Ernsberger
| S-23-023 | Trial court lacks jurisdiction to sua sponte reopen a case and enforce a consent judgment entry where neither party filed a motion to enforce or a separate action for breach of contract. | Duhart | Sandusky |
6/28/2024
|
6/28/2024
| 2024-Ohio-2512 |
|
State v. Howard
| S-23-007 | Zmuda. The law does not support appellant’s claim that his right of self-defense confers blanket immunity for any and all acts committed by an individual who successfully asserts the privilege. | Zmuda | Sandusky |
6/28/2024
|
6/28/2024
| 2024-Ohio-2490 |
|
Kaplan v. Hammond
| OT-23-003 | Zmuda, J., writing for the majority, finds that genuine issue of material fact as to breach of contract and inspection requirements precluded the award of summary judgment. Trial court’s judgment on CSPA claim as moot was erroneous as a result of these findings. Trial court judgment is reversed and remand for further proceedings. | Zmuda | Ottawa |
6/28/2024
|
6/28/2024
| 2024-Ohio-2492 |
|
State v. Savage
| E-23-053 | Sulek. Denying release on bond, the trial court failed to consider the requirements under R.C. 2937.222(B). | Sulek | Erie |
6/28/2024
|
6/28/2024
| 2024-Ohio-2497 |
|
State v. Vasquez
| S-23-020, S-23-021 | The state’s breach of the plea agreement by requesting a consecutive, rather than a concurrent sentence was plain error. | Sulek | Sandusky |
6/28/2024
|
6/28/2024
| 2024-Ohio-2496 |
|
State v. Jackson
| L-23-1044 | Judge Duhart, manifest weight, sufficiency of the evidence, merger of allied offenses, consecutive sentences | Duhart | Lucas |
6/25/2024
|
6/25/2024
| 2024-Ohio-2419 |
|
State v. Sandifur
| L-23-1032 | Per Mayle, J., appellant failed to show that trial counsel provided ineffective assistance. There was no basis for suppressing appellant’s statements, trial counsel asked the trooper if a head injury could explain appellant’s behavior, and appellant’s convictions are supported by sufficient evidence, so a Crim.R. 29 motion would have been futile. Appellant’s convictions are not against the manifest weight of the evidence. | Mayle | Lucas |
6/25/2024
|
6/25/2024
| 2024-Ohio-2414 |
|
Reverse Mtge., L.L.C. v. Miller
| E-23-044 | Trial court judgment in foreclosure is affirmed. Osowik | Osowik | Erie |
6/25/2024
|
6/25/2024
| 2024-Ohio-2417 |
|
State v. Moss
| WD-23-038 | Sulek, J., writing for the majority, affirms the trial court’s judgment, holding that the admission of video evidence was not error. | Sulek | Wood |
6/25/2024
|
6/25/2024
| 2024-Ohio-2415 |
|
State v. Walls
| L-23-1125 | Judge Duhart, Imposition of Consecutive Sentences | Duhart | Lucas |
6/25/2024
|
6/25/2024
| 2024-Ohio-2413 |
|
Toledo v. Martin
| L-23-1177 | Sulek. Trial court did not err when it ordered a 180-day jail term to be served consecutively to an existing misdemeanor sentence already imposed by a different court. This court cannot consider the impact that a subsequent conviction and sentence in a separate felony case has on the misdemeanor sentences being appealed. | Sulek | Lucas |
6/21/2024
|
6/21/2024
| 2024-Ohio-2383 |
|
State v. Powell
| E-23-031 | Osowik. Trial court determination that trooper possessed reasonable, articulable suspicion to warrant administration of field sobriety tests was supported by competent, credible evidence. The trial court did not err in denying appellant’s motion to suppress. Judgment affirmed. | Osowik | Erie |
6/21/2024
|
6/21/2024
| 2024-Ohio-2381 |
|
Davis v. Mercy St. Vincent Med. Ctr.
| L-21-1095 | Per Mayle, J., under authority of Everhart v. Coshocton Cty. Mem. Hosp., 2023-Ohio-4670, wrongful death claim premised on negligent medical care is subject to the four-year statute of repose for medical claims. Consistent with Wilson v. Durrani, 2020-Ohio-6827, a plaintiff may not rely on R.C. 2125.04, the wrongful death saving statute, to refile a complaint for wrongful death premised on negligent medical care if the four-year statute of repose for medical claims has expired. | Mayle | Lucas |
6/21/2024
|
6/21/2024
| 2024-Ohio-2386 |
|
In re J.K.
| WM-24-005 | Judge Duhart. Permanent custody. Abused and neglected child. Father has long-standing drug issues, with methamphetamines, and alcohol issues. Father lacked stable employment. There were delinquency concerns with child. Mother was in prison for sex crimes involving her children. | Duhart | Williams |
6/18/2024
|
6/18/2024
| 2024-Ohio-2333 |
|
State v. McIntoush
| WD-22-070 | Zmuda, J., writing for the majority, holds that the trial court’s imposition of consecutive sentences was not clearly or convincingly unsupported by the record. | Zmuda | Wood |
6/13/2024
|
6/13/2024
| 2024-Ohio-2284 |
|
In re Bn.J.
| L-24-1040, L-24-1041 | No juvenile court error terminating appellant-mother’s parental rights to the minor children and granting permanent custody to appellee. Judgments affirmed. Osowik. | Osowik | Lucas |
6/13/2024
|
6/13/2024
| 2024-Ohio-2282 |
|
State v. Kepler
| OT-23-037 | Per Mayle, J., appellant did not object to the magistrate’s decision as required by Crim.R. 19(D)(3)(b), so he forfeited all but plain-error review on appeal. The trial court did not commit plain error by finding that appellant’s speeding conviction was related to reckless operation of a motor vehicle, as required to suspend appellant’s license under R.C. 4510.15. | Mayle | Ottawa |
6/13/2024
|
6/13/2024
| 2024-Ohio-2283 |
|
State v. Strange
| S-23-025 | Zmuda, J., writing for the majority, finds that the trial court erred in failing to give correct self-defense jury instruction in that it reversed the burden of persuasion to require appellant to prove self-defense rather than requiring the state to disprove that element. The case is remanded for new trial on the convicted offenses only. | Zmuda | Sandusky |
6/7/2024
|
6/7/2024
| 2024-Ohio-2199 |
|
State v. Patterson
| L-23-1216 | Zmuda, J., writing for the majority, finds award of discretionary costs without any finding on the record at the sentencing hearing requires vacating the portion of the judgment imposing discretionary costs, based on well-settled precedent. | Zmuda | Lucas |
6/7/2024
|
6/7/2024
| 2024-Ohio-2198 |
|
In re N.V.
| E-23-038 | Trial court’s restitution order was supported by competent, credible evidence, equaled the demonstrated loss, and was not an abuse of discretion. Judgment affirmed. | Osowik | Erie |
6/7/2024
|
6/7/2024
| 2024-Ohio-2197 |
|
Turner v. Turner
| L-23-1091 | Duhart. By failing to rule on motion for guardianship, trial court is presumed to have denied it. Also, trial court: (1) equitably, but not equally, divided marital property; (2) properly divided marital property before making an award of spousal support; (3) considered necessary factors in awarding spousal support; and (4) did not violate due process in denying appellant’s motion for continuance. | Duhart | Lucas |
6/7/2024
|
6/7/2024
| 2024-Ohio-2200 |
|
State v. Wallace
| E-23-046 | Per Mayle, J., the trial court violated appellant’s confrontation rights by allowing the detective to testify to statements that the victim made to him. The error is not harmless beyond a reasonable doubt because there is not overwhelming evidence of appellant’s guilt or some other indication that the improper evidence did not impact the verdict. When all of the evidence admitted at trial is considered, appellant’s conviction is supported by sufficient evidence. | Mayle | Erie |
6/7/2024
|
6/7/2024
| 2024-Ohio-2201 |
|
State v. Sutton
| L-23-1094 | Judge Duhart, imposition of costs of confinement in judgment entry but not at sentencing hearing is contrary to law, plain error. | Duhart | Lucas |
5/31/2024
|
5/31/2024
| 2024-Ohio-2106 |
|
In re N.W.
| H-23-014 | Zmuda, J., writing for the majority, finds that appellant waived change of circumstance argument on appeal by conceding that a change of circumstances permitting the consideration of best interests of the child occurred at trial. | Zmuda | Huron |
5/31/2024
|
5/31/2024
| 2024-Ohio-2104 |
|
State v. Hannah
| L-23-1115 | Sulek - Convictions for attempted murder in a drive-by shooting are not based on insufficient evidence or against the manifest weight where a shooter in the surveillance video is acquainted with one of the other shooters and is wearing the same sweatshirt and has the same build as the defendant as seen in an earlier social media photograph. Presumption of registration in violent offender database not rebutted where the shooter was the principal offender in the commission of the attempted murder offenses. | Sulek | Lucas |
5/31/2024
|
5/31/2024
| 2024-Ohio-2103 |
|