|
| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
Stewart v. Gentile
| 24 JE 0024 | CIVIL – motions for judgment on the pleadings granted; amended complaint dismissed; absolute immunity in a judicial proceeding; litigation privilege; malicious prosecution; abuse of process; intentional infliction of emotional distress; judgment affirmed. | Dickey | Jefferson |
11/3/2025
|
11/4/2025
| 2025-Ohio-5012 |
|
In re Appointment of Special Prosecutor
| 24 MA 0110 | CRIMINAL LAW - petition to appoint special prosecutor; inherent authority; conflict of interest; private citizen complaint, R.C. 2935.09; R.C. 2935.10; trial court cannot summarily dismiss a petition filed pursuant to R.C. 2935.09. | Patton | Mahoning |
11/3/2025
|
11/4/2025
| 2025-Ohio-5013 |
|
State v. Gaffney
| 25 CO 0012 | Plea deadline; no objection; plain error, Crim.R. 52(B); polling the jury; Crim.R. 31(A), (D); R.C. 2945.171; R.C. 2945.77; motion to suppress; photo lineup, R.C. 2933.83; “administrator,” “blind or blinded administrator,” R.C. 2933.83(B)(1), R.C. 2933.83(A); “second viewing,” R.C. 2933.83(A)(6)(g); exclusionary rule; Crim.R. 41 GPS tracking warrant; motion to sever trials; abuse of discretion; joinder, Crim.R. 8(A); sever offenses, Crim.R. 14; ineffective assistance of counsel; deficient performance; prejudice; motion for new trial, Crim.R. 33; probable cause for search warrant; consecutive sentences, R.C. 2929.14(C)(4); protect the public; punish defendant; no direct evidence of serious harm or actual harm with drugs; jury instructions; R.C. 2933.82 | Hanni | Columbiana |
10/30/2025
|
10/30/2025
| 2025-Ohio-4963 |
|
State v. Bishop
| 25 JE 0005 | Delayed motion for leave to file motion for new trial denied by trial court; appellant did not demonstrate he was unavoidably prevented from discovering new evidence; Crim.R. 33(B); res judicata; judgment affirmed. | Waite | Jefferson |
10/29/2025
|
10/29/2025
| 2025-Ohio-4948 |
|
Bazmore v. PT Auto Sales
| 25 CO 0009 | Small claims; default judgment to plaintiff for value of used car; auto dealer filed motion for reconsideration because he claimed he was not served with complaint; motion for reconsideration is a nullity; record shows service was properly made under the Ohio Rules of Civil Procedure; no evidence was submitted to rebut presumption of proper service; appeal dismissed. | Waite | Columbiana |
10/27/2025
|
10/28/2025
| 2025-Ohio-4921 |
|
State v. Talbert
| 25 CO 0012 | Guilty plea; knowing, voluntary, intelligent; Crim. R. 11; motion to withdraw guilty plea, Crim. R. 32.1; Fish factors; abuse of discretion; consecutive sentence; R.C. 2929.41; course of conduct; great harm; clearly and convincingly contrary to law; R.C. 2929.11; R.C. 2929.12; R.C. 2929.14(C)(4) | Hanni | Columbiana |
10/27/2025
|
10/28/2025
| 2025-Ohio-4922 |
|
Buckeye Boy Scout Found. v. Encino Energy, L.L.C.
| 25 CA 0986 | oil and gas lease arbitration provision; motion for stay pending arbitration; American Arbitration Association (AAA) Rules; party to initiate arbitration; claimant; Fligiel v. Encino Energy, LLC, 2025-Ohio-1647 (7th Dist.); Wolfe v. Encino Energy, LLC, 2025-Ohio-1584 (7th Dist.); Johnson v. Encino Energy, LLC, 2025-Ohio-1593 (7th Dist.) | Hanni | Carroll |
10/23/2025
|
10/23/2025
| 2025-Ohio-4868 |
|
Girard Technologies, Inc. v. Stiles
| 25 MA 0030 | CIVIL – magistrate’s decision; bench trial; corporate assets; preponderance of the evidence; manifest weight; sufficiency; law of gifts; conversion; replevin; agency; notary public; judgment affirmed. | Dickey | Mahoning |
10/23/2025
|
10/23/2025
| 2025-Ohio-4869 |
|
Pagani v. Mercy Health
| 25 MA 0044 | summary judgment on complaint for medical negligence and wrongful death; Civ.R. 53(C); magistrate has authority to rule on any motion; no jury trial; magistrate allowed amendment of complaint | Hanni | Mahoning |
10/23/2025
|
10/23/2025
| 2025-Ohio-4870 |
|
State v. Toliver
| 25 NO 0524 | CRIMINAL LAW – illegal conveyance of drugs of abuse onto grounds of specified governmental facility (CH-PIATA, a Schedule I Substance); jury trial; 24-month prison sentence; sufficient evidence; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; no prosecutorial misconduct during closing arguments; plain error; no equal protection violation; Batson challenge; judgment affirmed. | Dickey | Noble |
10/23/2025
|
10/23/2025
| 2025-Ohio-4871 |
|
Hertlein v. Busic
| 25 BE 0026 | writ of procedendo; clear legal right; clear legal duty; adequate remedy at law; Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); R.C. 3127.21; inconvenient forum; interstate child custody jurisdiction; forum non conveniens; motion to transfer jurisdiction; stay of proceedings; jurisdictional determination; subject matter jurisdiction; parenting time modification; motion for contempt; Sup.R. 40(a)(3) | Per Curiam | Belmont |
10/22/2025
|
10/23/2025
| 2025-Ohio-4836 |
|
In re M.B.
| 25 BE 0041 | mother permanently surrendered parental rights; father-appellant was incarcerated on ten child-related felonies in another state; permanent custody to agency affirmed. | Robb | Belmont |
10/22/2025
|
10/23/2025
| 2025-Ohio-4837 |
|
State ex rel. Wise v. Vavra
| 25 BE 0035 | original action; mandamus; appellate mandate; resentencing rendered moot by withdrawal of revocation charges | Per Curiam | Belmont |
10/20/2025
|
10/21/2025
| 2025-Ohio-4805 |
|
State v. Chestnut
| 25 CO 0006 | CRIMINAL – oral motion to withdraw plea at sentencing hearing; post-sentence; manifest injustice; trial court has no obligation to examine the defendant or to help him develop his allegations; trial court has no obligation to schedule oral motion for a hearing. | Dickey | Columbiana |
10/17/2025
|
10/20/2025
| 2025-Ohio-4787 |
|
State v. Hamilton
| 25 MA 0026 | guilty plea; consecutive sentencing; bill of particulars; facts underlying offenses; presentence investigation report; plain error. | Robb | Mahoning |
10/17/2025
|
10/23/2025
| 2025-Ohio-4838 |
|
In re R.W.
| 25 CO 0023 | CIVIL – termination of parental rights; best interest of the child; R.C. 2151.414(B)(1)(d); credibility. | Dickey | Columbiana |
10/16/2025
|
10/16/2025
| 2025-Ohio-4766 |
|
In re Adoption of W.E.B.
| 25 CA 0987 | Adoption petition alleged natural father's consent was not needed due to de minimis contact; R.C. 3107.07(A); father claimed justification for lack of contact due to interference of mother; mother temporarily blocked his cell phone number, moved to a new address, and ended voluntary visitation under grandparents supervision; he claimed fear of arrest if he tried to contact children; mother's actions were not significant interference with father's ability to contact children; father's alcoholism and violent behavior were contributing factors; no basis for father's fear of arrest; father had no contact with children for over two years with no justifiable cause; judgment affirmed. | Waite | Carroll |
10/16/2025
|
10/16/2025
| 2025-Ohio-4764 |
|
Rutan v. Kelly
| 25 CO 0005 | Brother and sister complaint in common pleas court alleging intentional interference with expectancy of inheritance, fraud, conversion, undue influence and other torts against siblings; all counts alleged underlying fraud regarding family business; plaintiffs aware of the fraud from the 1990s until 2014; court held the statute of limitations for fraud applied; discovery rule did not preserve claims; ripeness and standing raised for the first time on appeal and are waived; counts eight and nine contingent on success of the first seven counts and are moot; summary judgment affirmed. | Waite | Columbiana |
10/10/2025
|
10/16/2025
| 2025-Ohio-4765 |
|
State v. Harris
| 25 BE 0022 | CRIMINAL – pandering obscenity; R.C. 2907.32(A)(5); single download; allied offense of similar import; plain error; consecutive sentences. | Dickey | Belmont |
10/8/2025
|
10/9/2025
| 2025-Ohio-4664 |
|
In re L.M.
| 25 BE 0025 | CIVIL – termination of parental rights; R.C. 2151.414(E)(2); unable to provide an adequate permanent home at the present time and, as anticipated, within one year after the permanent custody hearing; best interest of the child; ineffective assistance; continuance of permanent custody hearing. | Dickey | Belmont |
10/7/2025
|
10/8/2025
| 2025-Ohio-4653 |
|
State v. Russell
| 25 NO 0523 | Counsel withdrew motion for a competency evaluation based on finding of competence by a different court; evaluation completed by the same evaluator the instant court typically employs and was completed in the same general time period; court appropriately accepts request to withdraw after it investigates the prior findings and current understanding of the matter by Appellant. | Waite | Noble |
10/7/2025
|
10/8/2025
| 2025-Ohio-4654 |
|
State v. Bruno
| 25 MA 0016 | Ineffective assistance of counsel; not guilty by reason of insanity plea, R.C. 2945.71; court-ordered sanity evaluation not performed; guilty plea implies sanity; thorough plea colloquy | Hanni | Mahoning |
10/3/2025
|
10/6/2025
| 2025-Ohio-4618 |
|
State v. Runion
| 25 MA 0027 | Sex offender change of address, R.C. 2950.05(F)(2); notice of a change of address, 2950.05(F)(1)(a); fixed residence address, R.C. 2950.01(AA) does not include temporary address; notification when away from residence for 7 or more days, 28 C.F.R. 72.6(c)(2); Sex Offender Registration and Notification Act ("SORNA") registration requirements, 28 C.F.R. 72.6; insufficient evidence; confession of error | Hanni | Mahoning |
10/3/2025
|
10/6/2025
| 2025-Ohio-4619 |
|
SAI Hospitality, Inc. v. RCVV, Inc.
| 25 JE 0003 | Summary judgment, Civ. R. 56; initial burden on summary judgment; reciprocal burden on summary judgment; lack of time deadline in contract; reasonable time inferred; unreasonable time delay cause be a matter of law; unexcused significant delay | Hanni | Jefferson |
10/2/2025
|
10/2/2025
| 2025-Ohio-4596 |
|
Grange Indemn. Ins. Co. v. Harden
| 25 MA 0018 & 25 MA 0019 | declaratory judgment in favor of insurance company; misrepresentation by policy owner did not void coverage otherwise owed to insured; trial court failed to make factual findings necessary | Hanni | Mahoning |
10/1/2025
|
10/1/2025
| 2025-Ohio-4579 |
|
Abrahamson v. Dept. of Commerce, Div. of Real Estate & Professional Licensing
| 25 MA 0022 | CIVIL – administrative appeal; abuse of discretion; R.C. 4763.11; Ohio Real Estate Appraiser’s Board; failure to provide copies of records; failure to response to subpoena; subpoena; inexcusable neglect; imputed to client; failure to file appellate brief; abandonment by trial counsel. | Dickey | Mahoning |
10/1/2025
|
10/2/2025
| 2025-Ohio-4581 |
|
State v. Smith
| 24 BE 0058 | CRIMINAL LAW – possession of a fentanyl-related compound; aggravated possession of drugs (methamphetamine); bench trial; consecutively sentenced to a total aggregate prison term of 15 to 20 and one-half years; convictions are supported by the manifest weight of the evidence; the trial court considered R.C. 2929.11, 2929.12, and 2929.13, and its imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(b) and (c) is supported by the record; judgment affirmed. | Dickey | Belmont |
9/30/2025
|
10/1/2025
| 2025-Ohio-4578 |
|
State v. E.T.
| 24 MA 0093 | Application for reopening; App.R. 26(B)(5); ineffective assistance of appellate counsel; manifest weight of the evidence; serious youthful offender. | Per Curiam | Mahoning |
9/23/2025
|
9/24/2025
| 2025-Ohio-4456 |
|
State v. Schneider
| 25 MA 0014 | guilty plea to six sexual offenses involving six different children and receiving a jointly recommended total sentence of 18 years; defendant claims plea was not knowingly, voluntarily, and intelligently entered and he received ineffective assistance of counsel because at the initial hearing, the court, his attorney, and the state misadvised him on the maximum penalty; they believed indefinite sentencing under Reagan-Tokes was applicable to three offenses; within hours of the hearing and before any judgment was rendered, they realized only one count could invoke this type of sentencing (as only one count had a date range extending after the statute’s effective date); the day after the initial hearing, plea discussions were resumed, the written plea agreement was amended, the hearing was reopened, and the court adopted the agreed sentence. | Robb | Mahoning |
9/17/2025
|
9/17/2025
| 2025-Ohio-4366 |
|
State v. Friend
| 24 BE 0055 | manifest weight of the evidence; sufficiency of the evidence; speedy trial; hostile witness; consecutive sentence findings affirmed but sentence modified where trial court erred in labeling all four prison terms mandatory as only the first prison term was mandatory as conceded by state. | Robb | Belmont |
9/10/2025
|
9/11/2025
| 2025-Ohio-3270 |
|
State v. Hlinovsky
| 25 BE 0010 | Challenge to whether guilty plea was made knowingly and intelligently; one nonconstitutional provision of Crim.R. 11(C)(2)(a) is a requirement to insure defendant has an understanding of the nature of the charges; defendant commented during allocution he was dissatisfied with conviction for failure to appear because he was hospitalized at the time; defendant's dissatisfaction with criminal does not show lack of understanding of the nature of the charge; failure to make R.C. 2929.14(C)(4) consecutive sentence findings; defendant cannot appeal consecutive sentence that is part of an agreed sentence; R.C. 2953.08(D)(1); judgment affirmed. | Waite | Belmont |
9/10/2025
|
9/12/2025
| 2025-Ohio-3299 |
|
State v. Gentile
| 25 BE 0009 | Speedy trial; R.C. 2941.401; a guilty plea waives both a statutory and constitutional challenge to an alleged speedy trial violation. | Waite | Belmont |
9/9/2025
|
9/10/2025
| 2025-Ohio-3267 |
|
State v. Spencer
| 25 MA 0012 | Convictions for gross sexual imposition; competency of child witness; Evid.R. 601; R.C. 2317.01; sufficiency of the evidence; manifest weight of the evidence; Megan's Law; challenge to the enhancement of sexual offender classification by referencing a prior conviction that occurred before the effective date of the Adam Walsh Act; judgment affirmed. | Waite | Mahoning |
9/8/2025
|
9/10/2025
| 2025-Ohio-3268 |
|
Benson v. Harrison's Home Improvement
| 25 MA 0001 | manifest weight standard of review; burden to secure transcript to support arguments on appeal; Civ.R. 53(D); magistrate’s decisions. | Robb | Mahoning |
9/8/2025
|
9/11/2025
| 2025-Ohio-3272 |
|
1803 Resources, L.L.C. v. Lineback
| 24 MO 0019, 24 MO 0023 | Extinguishment under the Marketable Title Act ("MTA"); abandonment; savings event; severed mineral rights; root of title; Blackstone v. Moore, 2018-Ohio-4959; plain language of the writing; question of law; title transaction; champerty and maintenance; summary judgment. | Robb | Monroe |
9/5/2025
|
9/11/2025
| 2025-Ohio-3271 |
|
Vickers v. Capstone Holding
| 24 JE 0023, 24 JE 0025 | deed interpretation and enforcement action not barred by release clause in that same deed transferring the property to the landowners; deed’s plain language excepted only those minerals “heretofore conveyed” and did not create a new reservation of all minerals to the grantor; rejecting reliance on false recital principle; statutory entitlement to prejudgment interest on lease royalties was not eliminated by title clause in lease allowing Gulfport to withhold royalties pending resolution of an adverse title claim. | Robb | Jefferson |
9/4/2025
|
9/5/2025
| 2025-Ohio-3172 |
|
State v. Richardson
| 25 BE 0006 | CRIMINAL – hotel room; departure time; reservation; possession of drugs; constructive possession; joint possession; circumstantial evidence; sufficiency; weight of the evidence; jail attire; shackles; refusal to attend trial; motion for new counsel on first day of trial; closing argument; shifting burden of proof; motion to suppress; automatic standing; cumulative error. | Dickey | Belmont |
9/3/2025
|
9/3/2025
| 2025-Ohio-3128 |
|
State v. Shaw
| 25 MA 0020 | summary denial of application for DNA testing; abuse of discretion; R.C. 2953.74. | Robb | Mahoning |
9/3/2025
|
9/5/2025
| 2025-Ohio-3173 |
|
State v. Catale
| 25 MA 0023 | defendant called to 911 to report a person at a neighboring house threatened her by saying, “I don’t know what he will do” (referring the property owner, who was not present); sufficient evidence for conviction of violating city code on misuse of 911 as there was no threat or emergency situation; conviction not against the manifest weight of the evidence. | Robb | Mahoning |
9/3/2025
|
9/5/2025
| 2025-Ohio-3174 |
|
Valentine v. Kroger Co.
| 25 JE 0002 | Summary judgment proper where the plaintiff failed to meet an element of the claims asserted; judgment affirmed where trial court reached right results for the wrong reasons; trial court’s failure to timely issue a scheduling order not grounds for reversal if no prejudice results; no prejudice exists where case not decided based on age of the case but on a dispositive motion. | Waite | Jefferson |
9/2/2025
|
9/3/2025
| 2025-Ohio-3129 |
|
State v. Cheza
| 24 MA 0105 | Motion to withdraw guilty plea; State v. Fish, 104 App.3d 236 (1st Dist.1995); entering a guilty plea for purposes of securing a temporary release from incarceration is not a valid reason to later withdraw that plea; constructive possession is not a defense to possession-related charges; evidence that a defendant handed drugs to a codefendant to avoid responsibility is not a defense giving rise to a motion to withdraw a guilty plea. | Waite | Mahoning |
8/25/2025
|
9/3/2025
| 2025-Ohio-3127 |
|
Mason v. Forshey
| 25 NO 0522 | In order to file a writ of habeas corpus, a criminal defendant must have served the entirety of their sentence; where a defendant’s conduct during municipal court proceedings forms the basis for felony charges filed in common pleas court, it is the common pleas court’s jurisdiction that an inmate must attack. | Waite | Noble |
8/25/2025
|
9/3/2025
| 2025-Ohio-3130 |
|
State v. Reichert
| 25 BE 0011 | R.C. 2935.36(D); pre-trial diversion; prosecutor recommendation; court cannot terminate criminal prosecution; separation of powers | Hanni | Belmont |
8/19/2025
|
8/19/2025
| 2025-Ohio-2965 |
|
State v. Jackson
| 25 BE 0001 | Intervention in lieu of conviction ("ILC"); defendant violated terms of ILC and admitted to violation at revocation hearing; defendant argues community control revocation requires two hearings; ILC is not revocation of community control and is governed by R.C. 2951.041, which only requires a single hearing; defendant waived option of second hearing by admitting the violation; plain error; no prejudice shown; judgment affirmed. | Waite | Belmont |
8/18/2025
|
8/19/2025
| 2025-Ohio-2964 |
|
State v. Crump
| 24 MA 0086 | Admission of “gruesome” photographs; Appellant’s duty to raise and cite alleged errors in the record, not court’s duty to locate possible errors; photographs involving child’s death treated the same as adults, no separate standard exists; photographs admitted for the purpose of showing how investigators discovered the body admissible; photographs of fatal wound admissible; plain error; where indictment challenged as insufficient, it must be raised prior to trial; an indictment charging conspiracy sufficient where the overt act alleged involves communications not only to prepare, but to facilitate commission of offense; evidence sufficient to support conspiracy where the state shows defendant traveled to the crime scene with a codefendant who is communicating plans to a third codefendant; evidence admitted to prove defendant’s identity as perpetrator not “bad acts” evidence as it is admitted for a proper purpose, Evid.R. 404(B)(2); sufficient and credible evidence exists where voluminous circumstantial evidence implicated the defendant; when trial court states on record it considered a psychological report court presumed to have considered that information unless record demonstrates otherwise. | Waite | Mahoning |
8/18/2025
|
8/19/2025
| 2025-Ohio-2962 |
|
State v. Reese
| 24 MA 0092 | App.R. 26(A); application for reconsideration denied as untimely filed; later filed motion for leave to file application for reconsideration based on belief the original application mailed in time to be received at clerk's office by the ten-day filing deadline; no showing of extraordinary circumstances; per curiam opinion dismissing original application for reconsideration also addressed merits of the application, and appellant has not changed his argument in the second application; mere disagreement with our reasoning not a basis for granting reconsideration; motion for leave and second application for reconsideration overruled. | Per Curiam | Mahoning |
8/18/2025
|
8/19/2025
| 2025-Ohio-2963 |
|
Gateway Royalty, L.L.C. v. EAP Ohio, L.L.C.
| 24 CA 0980 | Breach of contract to recover post-production costs from overriding royalty interests ("ORRI"); Gateway Royalty II, LLC v. Gulfport Energy Corporation, 2024-Ohio-4844; summary judgment in favor of ORRI holder; Ohio courts have previously held ORRIs presumed paid free of costs, and ORRI assignment under review silent as to deducting post-production costs; Ohio consistent with cost free ORRI definition in many other states; trial court did not improperly weigh evidence; parties who practice in a trade are presumed to know industry customs and standards; judgment affirmed. | Waite | Carroll |
8/15/2025
|
8/19/2025
| 2025-Ohio-2961 |
|
State v. Kidder
| 24 CO 0048 | father convicted of raping son; Evid.R. 702 expert witness testimony; no plain error in admitting expert opinion on sexual abuse; no Confrontation Clause violations; testimony as to statements by others not hearsay; no excited utterance; harmless error; sufficient evidence to support convictions; counsel not ineffective | Hanni | Columbiana |
8/14/2025
|
8/15/2025
| 2025-Ohio-2905 |
|
State v. Nelder
| 25 CO 0003 | Felony sentencing standard of review; trial court’s consideration of mental health prior to imposing a sentencing is found within the record; arguments not properly raised on appeal need not be addressed. | Waite | Columbiana |
8/14/2025
|
8/15/2025
| 2025-Ohio-2906 |
|
State v. Corlett
| 25 MA 0015 | unlawful sexual conduct with a minor; maximum sentence on one count; sentence not contrary to law; nunc pro tunc judgment to correct clerical error | Hanni | Mahoning |
8/14/2025
|
8/15/2025
| 2025-Ohio-2907 |
|