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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Givens v. Longwell 22 BE 0056, 22 BE 0057, 22 BE 0058dismissal of complaints with prejudice; failure to prosecute; failure to comply with court’s orders; no abuse of discretionHanniBelmont 9/20/2023 9/21/2023 2023-Ohio-3379
Givens v. Longwell 22 BE 0038, 22 BE 0039, 22 BE 0040involuntary dismissal of complaints without prejudice; not final appealable ordersHanniBelmont 9/15/2023 9/20/2023 2023-Ohio-3330
Hunter v. Hunter 22 CO 0028, 22 CO 0029CIVIL – Change of circumstances/best interest of the child test in R.C. 3109.04(E)(1)(a), rather than parental unsuitability test, is applied in a motion to reallocate parental rights involving parents and a non-parent. Where a party’s procedural due process rights are violated because the trial court fails to give notice of a motion and hearing, the trial court on remand must conduct a de novo hearing and may not rely on evidence offered at the previous hearing from which party was excluded.D'ApolitoColumbiana 9/15/2023 9/20/2023 2023-Ohio-3331
Monroe v. Monroe 22 CO 0035divorce; evidence supported distribution to contractor; evidence that money from husband’s mother was a loan; certain money from wife’s friend pre-dated marriage or was loaned after separation; temporary orders in divorce proceedings merge into final order, become mootHanniColumbiana 9/15/2023 9/20/2023 2023-Ohio-3332
State v. Veon 22 CO 0045aggravated possession of drugs; sufficiency of evidence supports convictions; Crim.R. 29(A) motion; manifest weigh of the evidence; consecutive sentences not contrary to lawHanniColumbiana 9/14/2023 9/20/2023 2023-Ohio-3333
State v. Unger 22 MA 0089affirming denial of motion for new hearing on post-sentence motion to withdraw guilty plea, which was denied after hearing years earlier; presenting post-sentence plea withdrawal arguments pro se at hearing was not a deprivation of counsel resulting in loss of jurisdiction; res judicata.RobbMahoning 9/14/2023 9/20/2023 2023-Ohio-3334
State v. Anderson 22 MO 0001application for reopening denied.Per CuriamMonroe 9/14/2023 9/20/2023 2023-Ohio-3335
Kelley v. Gray 23 MA 0078habeas corpus; Civ.R. 12(B)(6) motion to dismiss; R.C. 2725.03; territorial jurisdictionPer CuriamMahoning 9/14/2023 9/20/2023 2023-Ohio-3336
French v. Ascent Resources-Utica, L.L.C. 22 JE 0024CIVIL – summary judgment; Civ.R. 56; de novo review; declaratory judgment; oil and gas leases; amendments; addenda; Appellant failed to commence operations prior to the expiration of Appellees’ leases resulting in those leases expiring by their express terms and by operation of law; Appellant’s attempt to form another drilling unit, only days before the first of the leases was set to expire, was ineffective; acreage owned and/or controlled by third-party entities was included in the proposed unit by Appellant; however, neither entity consented to the formation of said unit until after the expiration of Appellees’ leases; thus, no agreement by and between Appellant and those entities existed relative to the formation of the proposed drilling unit; judgments affirmed.D'ApolitoJefferson 9/12/2023 9/12/2023 2023-Ohio-3228
State v. Pan 22MA00082Per Mayle, J., state presented sufficient evidence of solicitation where detective testified that he paid defendant for a 30-minute massage, 15 minutes into the massage, defendant initiated sexual activity, and defendant’s response to the detective’s inquiry about the cost for the sexual activity demonstrated that she expected additional payment.MayleMahoning 9/7/2023 9/7/2023 2023-Ohio-3172
State v. Zhang 22MA00083Per Mayle, J., state presented sufficient evidence of solicitation where detective testified that he paid defendant for a 30-minute massage, 15 minutes into the massage, defendant initiated sexual activity, and defendant’s response to the detective’s inquiry about the cost for the sexual activity demonstrated that she expected additional payment.MayleMahoning 9/7/2023 9/7/2023 2023-Ohio-3173
State v. Lanier 22 BE 0070CRIMINAL – Law enforcement cannot establish reasonable suspicion for a traffic stop based on two separate telephone calls to emergency services made by a person who provides only his first name and no additional information from which law enforcement can determine his identity, despite the fact that the caller’s information was provided in real time and led law enforcement to the suspect vehicle. Caller is an anonymous informant and corroboration of the caller’s tip by law enforcement is required to demonstrate reasonable suspicion for the traffic stop.D'ApolitoBelmont 8/31/2023 9/1/2023 2023-Ohio-3088
Yambar v. Top Hat Prods., Inc. 22 MA 0123premises liability claim; summary judgment; no actual or constructive knowledge of defective conditionHanniMahoning 8/24/2023 8/24/2023 2023-Ohio-2965
Salem Twp. Bd. of Trustees v. Fazekas 22 JE 0015after declaring nuisance, court approved inventory of items to remove from Appellants’ property; “junk motor vehicle” statutory provisions on notice or extensive damage; common definitions of “vegetation, garbage, refuse, and other debris” in debris removal statute; prior nuisance was by default judgment without notice; pre-litigation appearance at board meeting was not an appearance in the action under Civ.R. 55(A).RobbJefferson 8/24/2023 8/25/2023 2023-Ohio-2984
State v. Hammonds 22 MA 0071discretion to impose maximum thirty-day jail term suspended with two years of community control for fourth-degree misdemeanor criminal trespass; allocution right at sentencing.RobbMahoning 8/24/2023 8/25/2023 2023-Ohio-2985
State v. Thompson 21 NO 0487aggravated murder; tampering with evidence; convictions supported by sufficient evidence; no ineffective assistance of counsel; voluntary manslaughter instruction not warranted; R.C. 2953.08(A); aggravated murder sentence not subject to reviewHanniNoble 8/22/2023 8/23/2023 2023-Ohio-2942
Lopez v. Trinity Food Servs. Group 22 MA 0018complaint dismissed for lack of prosecution; untimely objections to magistrate’s decision; no plain error; Civ.R. 41(B)(1)HanniMahoning 8/22/2023 8/23/2023 2023-Ohio-2943
Bone v. K.A. Brown Oil & Gas, L.L.C. 22 MO 0010R.C. 2731.04; mandamus; improper complaint; standingHanniMonroe 8/22/2023 8/23/2023 2023-Ohio-2944
McCoy v. C.G.O., Inc. 22 MO 0015summary judgment declaring oil and gas leases expired by their terms; leases did not continue because wells failed to produce in paying quantities; Civ.R. 19(A); necessary parties joined; surface owner had standing to bring claim; no evidence of income or operating expenses; burden shifted due to spoliation of evidence; leases expired by their own termsHanniMonroe 8/22/2023 8/23/2023 2023-Ohio-2945
State ex rel. Zerla v. Reszke 23 JE 0009original action; mandamus; mandamus will not lie to enforce a private right against a private personPer CuriamJefferson 8/22/2023 8/23/2023 2023-Ohio-2946
State v. Kokavec 22 MA 0135CRIMINAL LAW – R.C. 4510.14(A); driving under OVI suspension; bench trial; Appellant was sentenced to 30 days in jail, with 27 days suspended, fined $250 plus court costs, placed on six months’ probation, and his driver’s license was suspended for six months; sentence was stayed pending appeal; Crim.R. 29 motion for acquittal; LEADS report; BMV Form 2255; there is sufficient evidence upon which the trier of fact could reasonably conclude beyond a reasonable doubt that the elements of driving under OVI suspension were proven; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; the record reveals Appellant was physically present when his sentence was announced on May 11, 2022 and was represented by counsel; judgment affirmed.D'ApolitoMahoning 8/18/2023 8/18/2023 2023-Ohio-2901
State v. Givens 22 BE 0041CRIMINAL – A pro se letter to the trial court asserting a statutory speedy trial violation preserves the issue on appeal, despite the existence of appointed counsel on the record, where the trial court rules on pro se motions, refers to appointed counsel as “potential counsel,” and indicates to the defendant that he may meet with appointed counsel and determine whether to accept the appointment or self-represent.D'ApolitoBelmont 8/18/2023 8/18/2023 2023-Ohio-2898
State v. Guterba 22 CO 0013R.C. 2909.06(A)(1) criminal damaging; motion to dismiss; abuse of discretion; R.C. 5701.02(A) real property; R.C. 5701.02(C) fixture; R.C. 5702.01(D) improvement; R.C. 5702.01(E) structure; trustee; license languageHanniColumbiana 8/18/2023 8/18/2023 2023-Ohio-2899
State v. Coppock 22 CO 0042reasonable suspicion to stop vehicle for marked lanes violation and to then conduct field sobriety tests.RobbColumbiana 8/17/2023 8/18/2023 2023-Ohio-2900
State v. Baker 22 CO 0033felonious assault; domestic violence; Reagan Tokes Law constitutional; trial court failed to give R.C. 2929.19(B)(2)(c) notificationsHanniColumbiana 8/8/2023 8/8/2023 2023-Ohio-2747
State v. Blake 22 CO 0020possession of cocaine; possession of heroin; possession of a fentanyl-related compound; having a weapon under disability; evidence sufficient to support convictions; constructive possession; no plain error in admitting evidence of controlled buy; Evid.R. 404(B); counsel not ineffective; Reagan Tokes Law not unconstitutionalHanniColumbiana 8/8/2023 8/8/2023 2023-Ohio-2748
State v. Gilmore 22 MA 0067REOPENING – App.R. 26(B); pro se application to reopen Appellant’s direct appeal; the application is not based on a claim of ineffective assistance of appellate counsel; rather, Appellant argues the same issue that was raised in his direct appeal regarding his guilty plea and his right to a trial by jury, to which we found no merit; we fail to see any ineffective assistance of appellate counsel warranting a reopening; Appellant has failed to comply with the requirements set forth in App.R. 26(B) and has failed to present issues that establish a colorable claim of ineffective assistance of appellate counsel; application denied.Per CuriamMahoning 8/8/2023 8/9/2023 2023-Ohio-2751
State v. Brown 22 MO 0007community control violation; state agreed to stand silent at sentencing; prosecutor failed abide by agreement; plain errorHanniMonroe 8/3/2023 8/4/2023 2023-Ohio-2696
State v. Snider 22 BE 0020CRIMINAL – When a defendant requests a reasonable time to confer with defense counsel regarding his right to testify on his own behalf, a trial court abuses its discretion when it compels the defendant to either testify immediately or place his intent to testify the following day on the record, then declines to reopen defendant’s case the following day without providing an overriding interest that supersedes the defendant’s right to testify.D'ApolitoBelmont 7/31/2023 7/31/2023 2023-Ohio-2639
State v. Hayes 22 NO 0492felony operating a vehicle under the influence of alcohol; court properly overruled motion to suppress; field sobriety tests in substantial compliance with National Highway Traffic Safety Administration standards; probable cause to arrest for OVIHanniNoble 7/31/2023 7/31/2023 2023-Ohio-2642
State v. Scott 22 CO 0034CRIMINAL LAW – two counts of rape; felonies of the first degree; Tier III Sex Offender; 12-year-old victim; Appellant committed the instant offenses while out on bond in another criminal case involving identical conduct; guilty plea; sentenced to an indefinite term of ten years (minimum) to 15 years (maximum) in prison (concurrent); R.C. 2953.08(G); the trial court considered R.C. 2929.11, R.C. 2929.12, the oral statements, the victim impact statement, the PSI, Appellant’s lower than 18 functioning age, low IQ (up to 89), and autism spectrum disorder; Appellant’s sentence is within the authorized statutory range for the first-degree felony offenses; R.C. 2929.14(A)(1)(a); R.C. 2929.144(B)(3); Appellant’s sentence is not contrary to law; judgment affirmed.D'ApolitoColumbiana 7/28/2023 7/31/2023 2023-Ohio-2640
B&N Coal, Inc. v. Blue Racer Midstream, L.L.C. 22 NO 0490claims for permanent injunction ordering the removal of a natural gas pipeline, declaratory judgment that surface rights are subservient to coal mining rights, and damages; summary judgment properly granted in favor of gas pipeline owner; pipeline owner’s rights subservient to right to mine rendering claim moot; “right to mine” claim not yet ripe; no damages yet incurred; no trespass claimHanniNoble 7/28/2023 7/31/2023 2023-Ohio-2641
Green v. Bell 21 MA 00118Duhart - Appeals court lacks jurisdiction to hear this appealDuhartMahoning 7/27/2023 7/27/2023 2023-Ohio-2601
In re R.A.F. 23 JE 0010best interest of the child; R.C. 2151.414(E); cannot be placed with either parent within a reasonable time; incarceration; reasonable efforts; delay or extension of temporary custody.RobbJefferson 7/27/2023 7/28/2023 2023-Ohio-2615
State ex rel. Navarro v. Johnson 23 MA 0046petition for writ of mandamus; Sup.R. 41(B)(1); motion to continue a previously scheduled bench trial based upon the relator’s counsel’s scheduled appearance in another case assigned for trial on the same date in another trial court; mandamus cannot be used to control the exercise of judicial discretion.Per CuriamMahoning 7/27/2023 7/28/2023 2023-Ohio-2616
In re Estate of Shanley 22 JE 0018order granting Civ.R. 60(B) relief and removing administrator from estate is final, appealable order; party alleged operative facts of meritorious claim; party entitled to relief under Civ.R. 60(B)(1) and (3); Civ.R. 60(B) motion timely filed; no abuse of discretion in removing administrator of estate and appointing neutral third-party administratorHanniJefferson 7/26/2023 7/28/2023 2023-Ohio-2614
State v. Hundley 22 MA 0045POSTCONVICTION RELIEF – untimely petition for postconviction relief; denied without a hearing; convicted of aggravated murder with a course-of-conduct specification, attempted murder, felonious assault, and two counts of aggravated arson; sentenced to death; direct appeal of right to the Supreme Court of Ohio; convictions and sentence of death affirmed; abuse of discretion standard of review; R.C. 2953.21(A)(2)(a) and (H); R.C. 2953.23(A)(1)(a)-(b). RES JUDICATA.D'ApolitoMahoning 7/26/2023 7/26/2023 2023-Ohio-2571
Scio v. N. Twp. Bd. of Trustees 22 HA 0006board’s decision denying annexation had sufficient findings; no error in finding statutory requirements on contiguity, services ordinance, and divided road were not satisfied; trial court properly modified board’s decision (as requested in a cross-appeal) to additionally find the territory to be annexed was unreasonably large and the general good of the territory would not be served by annexation with benefits failing to outweigh detriments; trial court erred in finding the signatures on the petition did not constitute a majority as electric utilities do not meet the statutory definition of owner; however, trial court’s affirmance of board’s denial of annexation is upheld due the existence of multiple grounds for denial.RobbHarrison 7/19/2023 7/20/2023 2023-Ohio-2479
State v. Jackson 22 MA 0051 & 22 MA 0055under totality of circumstances, plea was not involuntary based on a comment about federal sentence made by trial judge before granting time to consider plea negotiated by defense counsel; no active participation in plea bargaining process.RobbMahoning 7/19/2023 7/20/2023 2023-Ohio-2480
Youngstown Cent. Area Community Improvement Corp. v. Youngstown 22 MA 00088Zmuda, J.: Trial court properly found that the City of Youngstown transferred property to appellee when it delivered a deed, which was subsequently altered, to the appellee after all legislative and executive authority was obtained to authorize the transfer.ZmudaMahoning 7/14/2023 7/14/2023 2023-Ohio-2427
Wallace Equine Servs., L.L.C. v. J. Arnold Property Mgt. Group, L.L.C. 22 MA 0035CERTIFICATION – App.R. 25(A); Ohio Constitution, Article IV, Section 3(B)(4); this court’s decision is not in conflict with the decisions cited by Appellant from the Eighth, Ninth, Tenth, and Twelfth District Courts of Appeal; Appellant’s motion to certify a conflict is overruled.Per CuriamMahoning 7/13/2023 7/14/2023 2023-Ohio-2425
Wallace Equine Servs., L.L.C. v. J. Arnold Property Mgt. Group, L.L.C. 22 MA 0035RECONSIDERATION – App.R. 26(A)(1); Appellant has not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law. EN BANC CONSIDERATION – App.R. 26(A)(2); no conflict of law within this district; Appellant has failed to identify a dispositive issue; no basis for en banc consideration; joint application denied.Per CuriamMahoning 7/13/2023 7/14/2023 2023-Ohio-2426
State v. Brado 21 BE 0039Application for reopening; App.R. 26(B)(1); issue raised and fully considered; counsel not ineffective for failing the raise argument already decided.Per CuriamBelmont 7/13/2023 7/24/2023 2023-Ohio-2545
State v. Singh 21 BE 0045Motion for continuance; effect of denial; timing of motion; moot appeal once court costs and fines paid; license forfeiture pursuant to R.C. 4510.22.WaiteBelmont 7/13/2023 7/24/2023 2023-Ohio-2546
In re Estate of Thompson 22 CO 0004Concealment action; R.C. 2109.50; denial of creditor's claim by decedent's estate in probate court resulted in a R.C. 2117.12 claim against the estate; estate filed counterclaim in the general division to recover farm equipment; estate later filed substantially similar concealment action claim in the probate court; estate was only awarded the return of two disputed items; general division judgment was res judicata in the subsequent probate action; failure to return the two disputed items while litigation was pending did not constitute concealment and did not require probate court to award damages available under R.C. 2109.50.WaiteColumbiana 7/13/2023 7/24/2023 2023-Ohio-2547
Hull v. Soldano 22 CO 0012Summary judgment; R.C. 2305.15(A).WaiteColumbiana 7/13/2023 7/24/2023 2023-Ohio-2548
State v. Kinney 22 MO 0002Community caretaking stop; aggravated possession of drugs; seven minutes is a reasonable detention for a drug dog search; presentence motion to withdraw plea; Appellant's allegation not supported by the record and indicates a mere change of heart; affirmed.WaiteMonroe 7/13/2023 7/24/2023 2023-Ohio-2549
State v. Whitacre 21 MO 0008App.R. 26(A)(1)(a); 10-day deadline; untimely; application denied.Per CuriamMonroe 7/6/2023 7/6/2023 2023-Ohio-2315
State v. Boyd 21 BE 0048Application for reconsideration; moot.Per CuriamBelmont 6/30/2023 7/12/2023 2023-Ohio-2369
VanDyne v. Faldoski 22 BE 0016Claims for claims of quantum meruit, promissory estoppel, and fraud, against intestate decedent for services rendered in the last ten years of decedent's life; claims were denied at trial; appellants testified that goods and services were provided out of love and affection, and they relied on a hope of receiving an inheritance; Civ.R. 52; reliance on good will of decedent to provide a legacy negates any recovery under express or implied contract; no evidence of fraud when two of decedents automobiles were not transferred to Appellants; R.C. 2107.04; judgment affirmed.WaiteBelmont 6/30/2023 7/12/2023 2023-Ohio-2370