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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Lipkins L-23-1088Trial court sentencing clerical error. Judgment affirmed, in part, and reversed, in part, for nunc pro tunc entry. OsowikOsowikLucas 2/16/2024 2/16/2024 2024-Ohio-608
State ex rel. Right to Life Action Coalition of Ohio v. Capital Care of Toledo, L.L.C. L-23-1093Osowik. Affirming dismissal of action on grounds of mootnessOsowikLucas 2/16/2024 2/16/2024 2024-Ohio-609
State v. Horton L-22-1267Judge Duhart, hearsay, plain error, manifest weight of the evidence.DuhartLucas 2/16/2024 2/16/2024 2024-Ohio-612
State v. Lewis OT-23-007Per Mayle, J., there was sufficient evidence that defendant committed aggravated burglary when he trespassed by “force, stealth, or deception” when he entered his ex-girlfriend’s apartment by breaking a window, at night, wearing a full facemask, and assaulted her and her daughter, even though he still retained a key to the property. Defendant’s aggravated burglary conviction was not against the manifest weight of the evidence simply because he still had some belongings at the apartment and retained a key.MayleOttawa 2/16/2024 2/16/2024 2024-Ohio-607
State v. Bowen WD-23-034Osowik - Crim.R. 11 ( C)(2)(a) requires a trial court to advise a criminal defendant on postrelease control for a prior felony, during his plea hearing on a new felony case, of the trial court’s authority under R.C. 2929.141 to terminate the defendant’s existing postrelease control and to impose a consecutive prison sentence for the postrelease-control violation. State v. Bishop, 156 Ohio St.3d 156, 2018-Ohio-5132, 124 N.E.3d 766. Appellee concedes error. Guilty plea is vacated. Reversed and remanded.OsowikWood 2/16/2024 2/16/2024 2024-Ohio-606
State v. Ali L-23-1123, L-23-1129Per Sulek, P.J., where the trial court fails to address discretionary costs, including costs of confinement, at the sentencing hearing, but imposes those costs in the sentencing entry, the imposition of confinement costs is contrary to law.SulekLucas 2/9/2024 2/9/2024 2024-Ohio-486
State v. Brown L-23-1119Zmuda, J., writing for the majority, affirms the trial court’s dismissal of petitioner’s untimely petition for post-conviction relief, as petitioner provided no support for his claim of newly discovered evidence based on his ignorance of the filing deadline and facts he possessed at the time of trial.ZmudaLucas 2/9/2024 2/9/2024 2024-Ohio-487
Camargo v. Toledo L-23-1056Sulek, J. City was immune from liability where it detained owner’s vehicle during a drug trafficking investigation. R.C. Chapter 2744; R.C. 2981.11SulekLucas 2/9/2024 2/9/2024 2024-Ohio-488
Toledo Clinic, Inc. v. Felix L-23-1037Duhart. Affirming arbitration award and dismissing appellant’s request to vacate the award under R.C. 2711.10 or to modify the award under R.C. 2711.11.DuhartLucas 2/9/2024 2/9/2024 2024-Ohio-489
State v. Heiney L-23-1156Judge Duhart, Suspension, Modification, or Waiver of Court Costs and Financial Sanctions, Request for Modification of Order for Return of Trial Exhibits Moot.DuhartLucas 2/9/2024 2/9/2024 2024-Ohio-490
State v. Horn OT-22-059Record evidence supported conviction for retaliation where defendant admitted to leaving a voicemail with a sheriff’s detective, asking him to “tell” six public officials—who were involved in an unrelated criminal prosecution against her years before—that she “want[ed] my money, or they can kiss their kids goodbye” and that if she did not get her money in the next 24-hours, they would “be dead, in the next four weeks.”MayleOttawa 2/2/2024 2/2/2024 2024-Ohio-369
State v. Mull WD-23-004 & WD-23-012Trial court committed Crim.R. 11(C)(2)(a) error. Judgments reversed. Osowik.OsowikWood 2/2/2024 2/2/2024 2024-Ohio-370
State v. Sturtevant WM-22-004Duhart. Affirming rape conviction, as it is supported by both the sufficiency and the weight of the evidence.DuhartWilliams 2/2/2024 2/2/2024 2024-Ohio-371
Iron Horse Bar & Grill, L.L.C. v. GGJ Triune, PLL OT-23-002Trial court errs where it determines that rent provision of lease could not be waived. Trial court’s finding in favor of lessor on breach of contract claim is against the manifest weight of the evidence where lessor clearly and unequivocally waived the requirement of lessee to pay rent and where lessor breached the lease by attempting to lock lessee out of the premises.SulekOttawa 1/26/2024 1/26/2024 2024-Ohio-284
State ex rel. Kelleys Island Local School Dist. Bd. of Edn. v. Ohio Dept. of Edn. E-23-020Per Mayle, J., the trial court erred in finding that it lacked jurisdiction to consider appellant’s request for a writ of prohibition, but the error was not prejudicial because appellant was not entitled to a writ of prohibition as a matter of law. Although the trial court erred by relying on res judicata to grant appellee’s motion for summary judgment on appellant’s mandamus claim, the error was not prejudicial because appellant was not entitled to a writ of mandamus as a matter of law.MayleErie 1/26/2024 1/26/2024 2024-Ohio-285
In re E.C. L-23-1217Judge Duhart. Permanent custody. Mother deceased. Father has alcohol and anger issues and an extensive criminal record. Incarceration. Housing. Employment.DuhartLucas 1/26/2024 1/26/2024 2024-Ohio-281
In re J.D. L-23-1221 & L-23-1233Sulek, J. In a child custody proceeding, the trial court did not abuse its discretion in denying appellants’ motions for a continuance and for change of venue. The trial court’s decision terminating father’s parental rights was supported by clear and convincing evidence and was not against the weight of the evidence.SulekLucas 1/26/2024 1/26/2024 2024-Ohio-282
Slak v. Strozier L-23-1074Per Mayle, J., the parties’ agreement relating to a rental property is ambiguous. The trial court did not abuse its discretion by finding that the extrinsic evidence presented to the magistrate did not clarify the intent of the agreement or by construing the agreement against the landlord, who drafted it. The trial court was permitted to rely on the magistrate’s credibility determinations to find that the tenant complied with the agreement’s terms, as construed by the trial court.MayleLucas 1/26/2024 1/26/2024 2024-Ohio-286
In re L.C. L-23-1176Per Mayle, J., the trial court did not err in terminating mother’s parental rights because its findings that the children services agency made reasonable efforts to reunify the family, the children could not be placed with mother in a reasonable time or should not be placed with mother, and mother demonstrated a lack of commitment to the children were supported by the manifest weight of the evidence.MayleLucas 1/24/2024 1/26/2024 2024-Ohio-283
In re A.J. L-23-1189Zmuda, writing for the majority affirmed judgment where juvenile court’s findings were supported by the weight of the clear and convincing evidence, demonstrating permanent custody with the agency was in the best interests of the child.ZmudaLucas 1/22/2024 1/26/2024 2024-Ohio-280
State v. Peabody E-22-042Per Mayle, J., evidence of complicity/constructive possession supported convictions. Speedy trial right not violated where delays were chargeable to defendant and triple-count provisions did not apply. Trial counsel not ineffective for not cross-examining witness more thoroughly. Consciousness of guilt instruction warranted where defendant found in Arizona two years after bench warrant issued. Remand needed for consecutive sentences findings.MayleErie 1/19/2024 1/19/2024 2024-Ohio-185
State v. Whitfield L-23-1099Sulek, J. The trial court did not abuse its discretion by imposing a prison sentence following appellant’s admission to a community control violation.SulekLucas 1/19/2024 1/19/2024 2024-Ohio-187
State v. Petitto OT-23-005Sulek, J. The indictment properly notified appellant of the charges against her. Appellant’s convictions for felonious assault were supported by sufficient evidence and were not against the weight of the evidence. Postrelease control was not properly imposed. Crim.R. 7; intent; physical harm; dangerous weapon or ordnance.SulekOttawa 1/19/2024 1/19/2024 2024-Ohio-186
State v. Eames WD-23-023 & WD-23-024Per Mayle, J., challenging trial court’s consideration of R.C. 2929.11 and 2929.12 is precluded by State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649. Imposing different restitution amounts at sentencing hearing and in sentencing entry was harmless; amount was agreed to in plea agreement and acknowledged in intervention in lieu of conviction plan, and appellant did not show other evidence of prejudice. Trial court was not required to consider appellant’s ability to pay agreed restitution.MayleWood 1/19/2024 1/19/2024 2024-Ohio-183
State v. Cousino S-23-013Zmuda, J., writing for the majority, finds that appellant waived challenge to return of allegedly improperly seized evidence due to guilty plea.ZmudaSandusky 1/12/2024 1/12/2024 2024-Ohio-114
State v. Alley S-23-006Zmuda, writing for the majority, affirms the conviction for numerous drug offenses; no error in denial of motion to compel the CI to testify in the state’s case, failure to qualify expert resulted in no prejudice, and no error in imposition of consecutive sentences.ZmudaSandusky 1/12/2024 1/12/2024 2024-Ohio-115
State v. Meeks WM-23-001R.C. 2953.08(G)(2) does not permit an appellate court to review the trial court’s findings and weighing of factors under R.C. 2929.12. Appeal that asks this court to reconsider the sentence in light of those factors may be summarily denied.SulekWilliams 1/12/2024 1/12/2024 2024-Ohio-108
In re B.M. WM-23-008, WM-23-009, WM-23-010, WM-23-011Judge Duhart. Permanent custody. Termination of parental rights. Drug abuse by mother and father. On-going relationship and contact between mother and father. Dishonesty. Housing issues. Father failed to rectify the conditions which caused his parental rights to previously be involuntary terminated. Best interests.DuhartWilliams 1/12/2024 1/12/2024 2024-Ohio-111
Wilson v. Directions Credit Union L-22-1253Duhart. Dismissal reversed, because: (1) defendant should not be permitted to “pick off” named plaintiff; (2) the unilateral transfer of funds into the plaintiff’s account did not render her claims moot; and (3) plaintiff’s dispute with defendant is capable of repetition but, upon dismissal, would evade review.DuhartLucas 1/12/2024 1/12/2024 2024-Ohio-105
In re T.J. L-23-1207No juvenile court error terminating appellant-mother’s parental rights to the minor child and granting permanent custody to appellee. Judgment affirmed. Osowik.OsowikLucas 1/12/2024 1/12/2024 2024-Ohio-110
Stephens v. Stephens OT-23-031Zmuda, writing for the majority, affirms, finding settlement agreement placed on record in open court was consent decree, and wife failed to challenge that agreement in trial court by filing timely objections, waiving challenge on appeal.ZmudaOttawa 1/12/2024 1/12/2024 2024-Ohio-106
Estate of Fleenor v. Ottawa Cty. OT-23-011Zmuda. Dismissal proper where plaintiff sued a party that was not sui juris and then failed to amend its complaint to name a proper party within the one-year commencement period as required by Civ.R. 3(A).ZmudaOttawa 1/12/2024 1/12/2024 2024-Ohio-112