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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
McPherson v. McPherson 24 CO 0049DOMESTIC RELATIONS – GENERAL – uncontested divorce; agreed judgment, final divorce decree; final appealable order; jurisdiction; duration of marriage; R.C. 3105.171(A)(2)(a); parties agreed to spousal support; R.C. 3105.18; pro se litigants held to same standard as those represented by counsel; judgments affirmed but remanded for the trial court to vacate its second judgment entry granting a divorce to the parties.DickeyColumbiana 6/10/2025 6/10/2025 2025-Ohio-2064
State v. Price 24 CO 0036Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.).WaiteColumbiana 6/9/2025 6/13/2025 2025-Ohio-2091
State v. Price 24 CO 0037Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.).WaiteColumbiana 6/9/2025 6/13/2025 2025-Ohio-2092
State v. Price 24 CO 0038Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.).WaiteColumbiana 6/9/2025 6/13/2025 2025-Ohio-2093
State v. Price 24 CO 0039Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.).WaiteColumbiana 6/9/2025 6/13/2025 2025-Ohio-2094
State v. Price 24 CO 0040Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.).WaiteColumbiana 6/9/2025 6/13/2025 2025-Ohio-2095
State v. Parks 25 CA 0983POST CONVICTION RELIEF – pro se motion for a new plea hearing; dismissed. RES JUDICATA – Appellant’s attempts to challenge his conviction and guilty plea were raised or could have been raised on direct appeal or in his previous postconviction filings; judgment affirmed.DickeyCarroll 6/9/2025 6/10/2025 2025-Ohio-2053
State v. Figueroa 24 MA 0108Abuse of discretion; pre-sentencing motion to withdraw guilty plea; factors.RobbMahoning 6/5/2025 6/5/2025 2025-Ohio-1997
Estate of Gregory v. QDP Wholesale Auto, L.L.C. 24 MA 0087CIVIL – summary judgment; Civ.R. 56; de novo review; escrow; Appellant elected to proceed with a cash only closing; caveat emptor; Appellee had no contractual duty to procure title insurance; no misrepresentation; negligence and fraud claims are barred by the economic loss doctrine; Civ.R. 8(E)(2); promissory estoppel; judgment affirmed.DickeyMahoning 6/2/2025 6/3/2025 2025-Ohio-1979
Durr Farms, L.L.C. v. Siltstone Resources, L.L.C. 24 BE 0050CIVIL – fraud in the inducement; breach of warranty deed; public record; caveat emptor; title search; title insurance.DickeyBelmont 5/29/2025 5/30/2025 2025-Ohio-1942
State v. McBride 24 CO 0033Motion for en banc review is overruled; appellant has not cited a conflict between two opinions of this court; motion for reconsideration is overruled; appellant merely disagrees with the analysis in our underlying opinion; motion to certify conflict is overruled; First District case cited as a conflict merely differs in the facts and not the law; motions dismissed.Per CuriamColumbiana 5/23/2025 5/28/2025 2025-Ohio-1911
State v. Moore 24 CO 0042Felony attempted tampering with evidence and endangering children; guilty plea; Crim.R. 11(C)(2)(a); appellant sentenced to 120 days in country jail; appellant argued that the possibility of local jail time was not properly explained and that her plea was not made knowingly, intelligently, or voluntarily; the record shows that possible local jail time was explained in the plea agreement and at the change of plea hearing; judgment affirmed.WaiteColumbiana 5/23/2025 5/28/2025 2025-Ohio-1913
Nicholson v. Youngstown 24 MA 0099House demolished pursuant to emergency order; city granted summary judgment due to governmental immunity, lack of pleading of due process claim, and city ordinances; Ohio is a notice pleading state; complaint sufficient to plead procedural due process; record does not show actual emergency existed to allow for emergency demolition; summary judgment reversed as to the due process claim.WaiteMahoning 5/23/2025 5/28/2025 2025-Ohio-1915
State v. Rayle 24 CO 0034Twenty counts pandering obscenity involving a minor or impaired person; guilty plea entered knowingly, voluntarily, and intelligently; consecutive sentences not contrary to law; no cruel or unusual punishment; R.C. 2947.23; counsel not ineffectiveHanniColumbiana 5/22/2025 5/28/2025 2025-Ohio-1912
Stephens v. Zusack 25 BE 0019habeas corpus; filing requirements not satisfied; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trialPer CuriamBelmont 5/22/2025 5/28/2025 2025-Ohio-1917
Bonar v. Zusack 25 BE 0020habeas corpus; filing requirements not satisfied; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trialPer CuriamBelmont 5/21/2025 5/22/2025 2025-Ohio-1822
State v. Christian 07 JE 0009Application for reopening; App.R. 26(B)(5); untimely.Per CuriamJefferson 5/21/2025 5/21/2025 2025-Ohio-1817
State v. Reese 24 MA 0092Untimely filed motion for reconsideration; App.R. 26(A); appellant merely disagrees with our opinion and does not raise any obvious errors or point to matters that were either not considered or not fully considered; motion dismissed.Per CuriamMahoning 5/21/2025 5/28/2025 2025-Ohio-1914
State v. Reese 24 MA 0106affirming denial of post-conviction application for DNA testing; cited type of DNA testing existed at time of 2014 trial; defendant assumes recent developments increased likelihood of finding comparable DNA on a fired shell casing; potential discovery of DNA of casing and potential exclusion of him as contributor would not satisfy statutory outcome determinative test.RobbMahoning 5/21/2025 5/28/2025 2025-Ohio-1916
State v. Richardson 24 MA 0101res judicata; postconviction relief; abuse of discretion; de novo review.RobbMahoning 5/20/2025 5/21/2025 2025-Ohio-1818
State v. Washington 24 MA 0098Post-conviction relief petition, R.C. 2953.21(A)(1); res judicata; de hors the record; affidavits in support of his post-conviction relief; credibility of affidavits; abuse of discretionHanniMahoning 5/19/2025 5/19/2025 2025-Ohio-1774
Landers Lewis Ins. Agency & Consulting Serv., L.L.C. v. Buchanan & Landers Ins. Group, L.L.C. 24 MA 0100CIVIL – Civ.R. 60(B); motion to vacate; objections; summary judgment; GTE prongs; timely filed; Appellants fail to demonstrate a meritorious defense or claim; Appellants are not entitled to relief under Civ.R. 60(B)(5); Civ.R. 4.1(A)(1)(a); service perfected via certified mail; Civ.R. 5(B)(2)(c); service perfected via United States mail to Appellants’ last known address; judgment affirmed.DickeyMahoning 5/19/2025 5/20/2025 2025-Ohio-1791
Bartrug v. Bartrug 25 MO 0002motion to transfer jurisdiction of custody matter to West Virginia; motion to intervene by maternal aunt requesting custody of the children or visitation order; Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA); R.C. 3127.15(A)(1); R.C. 3127.16; R.C. 3127.01(B)(13); “person acting as a parent”HanniMonroe 5/19/2025 5/19/2025 2025-Ohio-1775
State v. Haslam 24 BE 0019Application for reopening; App.R. 26(B); appellant violated App.R. 19 and 26(B)(3); appellate counsel need not raise every possible issue in order to render constitutionally effective assistance; appellant's eight proposed assignments of error do not present viable arguments for appeal; application denied.Per CuriamBelmont 5/16/2025 5/28/2025 2025-Ohio-1910
Fligiel v. Encino Energy, L.L.C. 24 CA 0979oil and gas lease; de novo review; incorporation by reference; AAA rules; arbitration; who must initiate; claimant; correct forum for arbitration.RobbCarroll 5/2/2025 5/7/2025 2025-Ohio-1647
Wolfe v. Encino Energy, L.L.C. 24 HA 0010, 24 HA 0011, 24 HA 0012, 24 HA 0014oil and gas lease arbitration provision; motion for stay pending arbitration; American Arbitration Association (AAA) Rules; incorporation by reference; party to initiate arbitration; claimant; correct forum for arbitrationHanniHarrison 5/2/2025 5/2/2025 2025-Ohio-1584
Denham v. Encino Energy, L.L.C. 24 HA 0013motion to stay proceedings pending arbitration; forum-selection provision did not supersede the arbitration provision; possible to give effect to both provisionsHanniHarrison 5/2/2025 5/2/2025 2025-Ohio-1585
Johnson v. Encino Energy, L.L.C. 24 CO 0035Stay pending arbitration; R.C. 2711.02; motion to compel arbitration; R.C. 2711.03; party who initiates a contract dispute containing mandatory arbitration clause is "claimant" under American Arbitration Commercial Rule R-4(a)(i), can be ordered to initiate arbitration if a motion to compel filed; trial court did not err in failing to issue a motion to compel plaintiff to initiate arbitration; defendants did not file a motion to compel; failure to state that it did not have authority to compel the plaintiff to initiate arbitration not reversible error; judgment affirmed.WaiteColumbiana 5/2/2025 5/5/2025 2025-Ohio-1593
State v. Fisher 24 NO 0520Competency evaluation; Not guilty by reason of insanity ("NGRI") plea; restored competency; plain error; ineffective assistance of trial counsel.RobbNoble 5/2/2025 5/7/2025 2025-Ohio-1648
State v. Knappenberger 24 MA 0103minor misdemeanor traffic offense of completing a left turn in violation of R.C. 4511.36(A)(2), which states “after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered” and also prohibits beginning left turn before the intersection; sufficiency and weight of the evidence; allegation of police bias is outside the record.RobbMahoning 5/1/2025 5/2/2025 2025-Ohio-1574
State v. E.T. 24 MA 0093agreed upon sentence; plea agreement; serious youthful offender; ("SYO") dispositional sentence should be appealed when the court imposes the delinquency adjudication; res judicata; R.C. 2152.14(F).RobbMahoning 4/30/2025 5/1/2025 2025-Ohio-1558
State v. Perkins 24 MA 0054App.R. 26(A)(1), obvious error; fully considered; plain error, abuse of discretion, removal of juror for cause; peremptory challengesPer CuriamMahoning 4/17/2025 4/17/2025 2025-Ohio-1387
State v. McBride 24 CO 0033Conviction for Operating a Vehicle Impaired ("OVI") and failure to control; requirement of an explanation of circumstances of the crime; R.C. 2937.07; written waiver of explanation of circumstances; written waiver of proof beyond a reasonable doubt; Crim.R. 11(E); Traf.R. 10(D); requirement to inform defendant of the effect of a no contest plea; written waiver of rights contained the explanation of the effect of the no contest plea; judgment affirmed.WaiteColumbiana 4/17/2025 4/23/2025 2025-Ohio-1439
Martins Ferry City School Dist. Bd. of Edn. v. Martins Ferry Edn. Assn. 24 BE 0049Arbitration; motion to vacate arbitration award; R.C. 2711.10(D); arbitrator exceeds authority; arbitration award must draw essence from CBA; CBA ambiguous language; arbitrator interpretation of CBA; notice of right to prior teaching service credit; filing grievance; timeliness; arbitrabilityHanniBelmont 4/15/2025 4/16/2025 2025-Ohio-1355
State v. Givens 24 BE 0044To comply with the mandates of Crim.R 44(B), before accepting a criminal defendant’s waiver of counsel trial court must engage in the requisite colloquy to advise of the dangers of proceeding pro se; violation of Crim.R. 44(B) does not affect underlying conviction, requires vacation of the sentence and resentencing without possibility of confinement, including a suspended sentence.WaiteBelmont 4/15/2025 4/23/2025 2025-Ohio-1438
Everson v. Acme Co. 24 MA 0055CIVIL - summary judgment; gender discrimination; disability discrimination/failure to accommodate; retaliation; prima facie case of discrimination; legitimate, nondiscriminatory reason; pretext for discrimination; disability; honest belief rule; adverse employment action; materially adverse change; terms/conditions of employment; burden on summary judgment; nonmoving party.LynchMahoning 4/15/2025 4/15/2025 2025-Ohio-1335
State v. Reese 24 MA 0092Second petition for postconviction relief overruled by the trial court; R.C. 2953.21; R.C. 2953.23(A); trial court was required to dismiss a successive petition for postconviction relief; Appellant was not unavoidably detained from timely filing his second petition; the evidence Appellant relies on to support his second petition was available prior to the direct appeal and prior to the filing of the first petition; res judicata prevents Appellant from raising matters that were or could have been raised as part of the direct appeal and the first petition; judgment affirmed.WaiteMahoning 4/15/2025 4/23/2025 2025-Ohio-1441
State v. Jimenez-Zenquiz 24 MA 0089Post-sentence motion to withdraw guilty plea; arguments not based on new evidence that could have been raised on direct appeal are barred by res judicata; a trial court is required to hold an evidentiary hearing before it can sustain a motion to withdraw a guilty plea; no ineffective assistance of counsel or manifest injustice where no new evidence negates an element of the defense or provides a defense.WaiteMahoning 4/14/2025 4/23/2025 2025-Ohio-1440
State v. Jenkins 24 HA 0009motion to vacate void judgment filed more than 20 years after sentence; contrary to defendant’s belief, he was sentenced under SB 2 (to a definite sentence for aggravated robbery) and the aggravated murder sentence of 20 to life was mandated; consecutive sentencing does not involve improper judicial fact-finding; void versus voidable; res judicata; untimely post-conviction petition.RobbHarrison 4/14/2025 4/16/2025 2025-Ohio-1357
Castner v. Jefferson Cty. 24 JE 0017CIVIL – sovereign immunity; proprietary function; R.C. 2744.01(G)(2)(C); municipal corporation water supply system; regional water and sewer district; utility; expressio unius est exclusio alterius.DickeyJefferson 4/11/2025 4/14/2025 2025-Ohio-1309
State v. Gonzalez 24 MA 0076CRIMINAL – prior inconsistent statement; prior bad acts; rape shield law; defense witness; opened the door; defendant’s prior sexual history; prejudicial; inflammatory; harmless error; overwhelming evidence of guilt; expert witness; delayed disclosure; direct appeal.DickeyMahoning 4/11/2025 4/14/2025 2025-Ohio-1314
Blackwell v. White House Fruit Farm, Inc. 24 MA 0094CIVIL – summary judgment; Civ.R. 56; de novo review; slip and fall; parking lot; business invitee; open and obvious; no attendant circumstances; judgments affirmed.DickeyMahoning 4/10/2025 4/14/2025 2025-Ohio-1317
Kocher v. Ascent Resources-Utica, L.L.C. 24 JE 0019, 24 JE 0020, 24 JE 0021CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas case; lease; bonus money; disgorgement; equitable remedy; no wrongdoing; unjust enrichment; Dormant Mineral Act; R.C. 5301.56(B)(3) and (H)(1); judgments affirmed.DickeyJefferson 4/10/2025 4/14/2025 2025-Ohio-1311
Bory v. Roudebush 24 CA 0978CIVIL – oral settlement agreement; material term; “meeting of the minds”; clear and convincing evidence.DickeyCarroll 4/9/2025 4/14/2025 2025-Ohio-1305
State v. Morgan 24 MA 0040REOPENING – App.R. 26(B); timely application to reopen direct appeal; Appellant fails to meet the standard under Strickland v. Washington, 466 U.S. 668 (1984); assignments of error; failure to raise objection; failure to file motion to suppress dash cam video; whether felonious assault serves as a predicate offense for felony murder; cumulative error; Appellant fails to establish that he was denied the effective assistance of appellate counsel warranting a reopening; application denied.Per CuriamMahoning 4/9/2025 4/14/2025 2025-Ohio-1312
State v. Jones 24 MA 0088Postconviction petition; petition cannot be considered by a trial a court if it is untimely and no exception applies; fact that petition is successive is grounds for denying; a petitioner is barred by res judicata from raising arguments that have been or could have been raised on direct appeal.WaiteMahoning 4/9/2025 4/14/2025 2025-Ohio-1316
Wilson v. Ohio Dept. of Job & Family Servs. 24 MA 0080application for nutrition assistance; food stamps; R.C. 5101.35; trial court lacked subject matter jurisdiction; failure to exhaust administrative remediesHanniMahoning 4/8/2025 4/14/2025 2025-Ohio-1315
State v. Howze 24 BE 0002CRIMINAL – application to reopen; amend charge; grand jury.Per CuriamBelmont 4/8/2025 4/14/2025 2025-Ohio-1300
Menges v. Strunk 24 BE 0018CIVIL – Civil Rule 5(A); new or additional claims for relief or for additional damages; no service; intervenors’ complaints.Per CuriamBelmont 4/8/2025 4/14/2025 2025-Ohio-1301
State v. Antonacci 24 BE 0053postconviction petition; no hearing required; doctrine of res judicata barred relief; no ineffective assistance of counselHanniBelmont 4/8/2025 4/14/2025 2025-Ohio-1304
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