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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Dixon
| 2021-P-0114 | CRIMINAL - Sentencing; R.C. 2929.11; R.C. 2929.12 seriousness and recidivism factors; R.C. 2953.08(G) does not provide a basis to modify or vacate sentences not supported by the record under R.C. 2929.11 or 2929.12; Consecutive sentences; R.C. 2929.14(C)(4); Ineffective assistance of Counsel; Reagan Tokes Law; appellant not prejudiced by failure to object to imposition of indefinite sentence under constitutional Regan Tokes Law; nunc pro tunc; Crim.R. 36; clerical mistake; sentencing entry. | Eklund | Portage |
11/21/2022
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11/21/2022
| 2022-Ohio-4158 |
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State v. Victor
| 2021-A-0046 | CRIMINAL - Rape; Gross Sexual Imposition; manifest weight of the evidence; sufficiency of the evidence; credibility; date of sexual conduct not an element of rape; sexual purpose; merger; allied offenses; multiple acts; consecutive sentences; supported by the record | Lynch | Ashtabula |
11/21/2022
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11/21/2022
| 2022-Ohio-4159 |
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State v. Shannon
| 2021-T-0049 | CRIMINAL - manifest weight of the evidence; sufficiency of the evidence; Domestic Violence; Felonious Assault; Intimidation of a Witness; credibility of witness; serious physical harm; intimidation; prosecutorial misconduct; misleading the jury; Reagan Tokes; void-for-vagueness; separation of powers; right to trial by jury; due process; parole revocation | Lynch | Trumbull |
11/21/2022
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11/21/2022
| 2022-Ohio-4160 |
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Nosse v. Kirtland
| 2022-L-032 | CIVIL - administrative appeal; R.C. 121.22; termination of fire chief; open meetings; public hearing; executive session; quasi-judicial proceedings; conduct off-duty; just cause; R.C. 733.35; misfeasance, malfeasance, and misconduct in office; drunkenness | Lynch | Lake |
11/21/2022
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11/21/2022
| 2022-Ohio-4161 |
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McMullen v. Wyatt
| 2022-P-0023 | CIVIL - adverse possession; objections to magistrate's decision; transcript of hearing; Civ.R. 53(D)(3)(b); weight of the evidence; permissive use; clear and convincing evidence | Lynch | Portage |
11/21/2022
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11/21/2022
| 2022-Ohio-4162 |
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State ex rel. Mansfield v. Falkowski
| 2022-L-073 | Complaint dismissed. | Per Curiam | Lake |
11/21/2022
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11/21/2022
| 2022-Ohio-4163 |
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State v. Ely
| 2021-A-0028 | CRIMINAL LAW - OVI; Traf.R. 10; petty offenses; effect of the plea of guilty; Crim.R. 11(E); where actual innocence not asserted, defendant entering guilty plea presumed to understand that he has completely admitted his guilt. | Wright | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4039 |
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State v. Puleo
| 2021-L-131 | CONTEMPT - direct contempt; criminal contempt; R.C. 2705.01; imminent threat to the administration of justice. | Wright | Lake |
11/14/2022
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11/14/2022
| 2022-Ohio-4040 |
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State v. Rose
| 2022-A-0040 | CRIMINAL - Post-Conviction Relief; R.C. 2953.02; abuse of discretion; dismissal of petition for post-conviction relief without hearing. | Eklund | Ashtabula |
11/14/2022
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11/14/2022
| 2022-Ohio-4041 |
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Briggs v. Turoczi
| 2022-G-0005 | CIVIL - Civ.R. 12(C) motion for judgment on the pleadings; failure to state a claim upon which relief can be granted; R.C. 2305.113; medical claim; derivative claim; affidavit of merit; standing; R.C. 5101.63; breach of duty to report abuse of an adult; elder abuse; definition of "adult". | Wright | Geauga |
11/14/2022
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11/14/2022
| 2022-Ohio-4042 |
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Cty. Risk Sharing Auth., Inc. v. State
| 2022-G-0013 | CIVIL - Summary Judgment; R.C. 940.07; State defense and indemnification of soil and water conservation districts; R.C. Chapter 2744; R.C. 2744.07; R.C. 2744.08; R.C. 2744.081; soil and water conservation district may contract to obtain insurance, which takes precedence for indemnification over State's obligations; Illusory contract; United States Constitution, Article One, Section 10; Civ.R. 12(E); motion for more definite statement; motion to compel discovery; trial court has discretion to regulate discovery. | Eklund | Geauga |
11/14/2022
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11/14/2022
| 2022-Ohio-4043 |
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Ziegler v. Tameris
| 2022-L-042 | CIVIL - civil stalking protection order; menacing by stalking; neighbor dispute; pattern of conduct; mental distress; sufficient evidence. | Wright | Lake |
11/14/2022
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11/14/2022
| 2022-Ohio-4044 |
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Rootstown Twp Bd. of Trustees v. Helmlin
| 2022-P-0010 | ZONING - injunction; Civ.R. 53(D)(3)(b)(iv); plain error; R.C. 519.99; anticipatory contempt. | Wright | Portage |
11/14/2022
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11/14/2022
| 2022-Ohio-4045 |
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State v. Reyes
| 2022-P-0018 | CRIMINAL LAW - sex offender classification; retroactive application; Megan's Law; motion to reclassify; Adam Walsh Act; voidable error; collateral attack; res judicata. | Wright | Portage |
11/14/2022
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11/14/2022
| 2022-Ohio-4046 |
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State v. Malachin
| 2022-T-0002 | CRIMINAL - Rape; R.C. 2907.02(A)(1)(c); Ineffective assistance of counsel; Crim.R. 16(K); Expert witnesses; defendant was not prejudiced by use of substantially the same reworked lab report turned over less than 21 days before trial when original expert was unavailable; cross-examination of expert; trial strategy; Sufficiency of the evidence; Manifest weight of the evidence; R.C. 2967.271; Reagan Tokes Law is not unconstitutional on its face. | Eklund | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4047 |
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State v. Pierce
| 2022-T-0011 | CRIMINAL LAW - postsentence motion to withdraw guilty plea; Crim.R. 32.1; denied without hearing; manifest injustice standard; credibility of affidavits; Calhoun factors; no duty to issue findings of fact and conclusions of law. | Wright | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4048 |
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In re Z.A.D.
| 2022-T-0052 | JUVENILE - Juv.R. 40(D); motion to modify parenting time; motion for contempt of court; failure to object to magistrate's decision; failure to move to set aside magistrate's order; plain error; forfeited on appeal. | Wright | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4049 |
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State v. Schaade
| 2021-A-0037 | CRIMINAL LAW - gross sexual imposition; jury trial; ineffective assistance of counsel; failure to call witnesses; trial tactics; different outcome; maximum sentence; consideration and application of R.C. 2929.11 and 2929.12. | Trapp | Ashtabula |
11/14/2022
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11/14/2022
| 2022-Ohio-4050 |
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State v. Wagner
| 2021-L-101 | CRIMINAL - Felonious Assault; Discharge of a Firearm on or Near Prohibited Premises; Improperly Handling Firearms in a Motor Vehicle; "Stand Your Ground" law; duty to retreat; self-defense; jury instruction; R.C. 2901.09; retroactive; prospective; substantive law; ex post facto | Lynch | Lake |
11/14/2022
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11/14/2022
| 2022-Ohio-4051 |
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State v. Lefkowitz
| 2021-T-0054 | CRIMINAL LAW - felony sentencing; trial court considered R.C. 2929.14(C) at the sentencing hearing and in the sentencing judgment entry in sentencing the appellant to consecutive sentences; the trial court is no longer required to make findings on the record to support imposition of maximum sentences. | Trapp | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4052 |
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State ex rel. Yost v. Orlando
| 2022-A-0003, 2022-A-0013 | CIVIL - water pollution control laws; civil penalty; magistrate's decision; failure to file transcript; Civ.R. 53(D)(3)(b)(iii); motion to vacate; Civ.R. 60(B)(1); excusable neglect; failure to obtain counsel; "do-over"; oral hearing; failure to allege operative facts; motion for a new trial; Civ.R. 59(A)(8); newly discovered evidence; event occurring after trial. | Trapp | Ashtabula |
11/14/2022
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11/14/2022
| 2022-Ohio-4053 |
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State v. Kessler Scott
| 2022-L-018 | CRIMINAL LAW - sufficient evidence of joint possession, drugs were readily accessible in the center console of the vehicle, appellant admitted to using them and stored the drugs in his container; the manifest weight of the evidence supports the verdict; jury instruction on flight was supported by the evidence, appellant fled a traffic stop on foot, whether the appellant's flight was evidence of consciousness of guilt was for the jury to decide. | Trapp | Lake |
11/14/2022
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11/14/2022
| 2022-Ohio-4054 |
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Kaydo v. Kaydo
| 2022-L-021 | CIVIL - domestic relations; divorce; subject matter jurisdiction; Ohio residency; R.C. 3105.03; uncontested factual allegations; plain error; marital or separate property; inter vivos gift; manifest weight of the evidence; failure to object; Civ.R. 53(D)(3)(b). | Trapp | Lake |
11/14/2022
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11/14/2022
| 2022-Ohio-4055 |
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Antonious v. Selvaggio
| 2022-L-047 | CIVIL - summary judgment; foreclosure of tax certificates; failure to send written notice of certificate sales; R.C. 5721.33(K); not an issue of "material fact." | Trapp | Lake |
11/14/2022
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11/14/2022
| 2022-Ohio-4056 |
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Kent v. Lusane
| 2022-P-0011 | CRIMINAL LAW - failure to yield; minor misdemeanor; dash and body camera video; due process; failure to preserve material exculpatory evidence; destruction of potentially useful evidence in bad faith; service of discovery; Crim.R. 49(B); Civ.R. 5(B); sufficiency of the evidence; contributory negligence; manifest weight of the evidence; witness credibility. | Trapp | Portage |
11/14/2022
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11/14/2022
| 2022-Ohio-4057 |
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State v. Hersey
| 2022-P-0022 | CRIMINAL - Sexual Battery; Gross Sexual Imposition; merger; single scheme; allied offenses; single sentence; sex offender classification; punitive in nature; election of offense; plain error | Lynch | Portage |
11/14/2022
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11/14/2022
| 2022-Ohio-4058 |
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Coppa v. Doherty
| 2022-P-0045 | ORIGINAL ACTION - mandamus; affidavit of prior civil actions; R.C. 2969.25(A) | Per Curiam | Portage |
11/14/2022
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11/14/2022
| 2022-Ohio-4059 |
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State v. Watters
| 2022-T-0015 | CRIMINAL - Anders; Aggravated Possession of Methamphetamine; R.C. 2925.11(A); contrary to law; R.C. 2953.08(G)(2); sufficiency and manifest weight of the evidence; probable cause; inventory search | Lynch | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4060 |
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State v. March-Natali
| 2022-T-0022 | CRIMINAL - aggravated menacing; R.C. 2903.21(A); right to self-representation; prejudicial joinder; Crim.R. 14; ineffective assistance of counsel; separation of witnesses; impeachment; exculpatory evidence; manifest weight of the evidence; threat of physical harm | Lynch | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4061 |
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State v. Williams
| 2022-T-0043 | CRIMINAL LAW - misdemeanor sentencing; sentence is within statutory range; nothing to suggest sentence is contrary to law or that trial court abused its discretion by imposing a jail sentence after reviewing the appellant's extensive criminal history. | Trapp | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4062 |
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State v. Stychno
| 2022-T-0086 | APPELLATE REVIEW - Appeal dismissed; no judgment entry attached to the notice of appeal; Loc.R. 3(C)(2); App.R. 4(A); App.R. 5(A). | Lynch | Trumbull |
11/14/2022
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11/14/2022
| 2022-Ohio-4063 |
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State v. Woods
| 2021-L-044 | CRIMINAL - Senate Bill 201; The Reagan Tokes Act; ripeness; constitutional challenges; indefinite sentencing. | Eklund | Lake |
11/7/2022
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11/7/2022
| 2022-Ohio-3970 |
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State v. Collins
| 2021-L-109 | CRIMINAL - Sentencing; Trial court has discretion to continue sentencing date; Trial court inquired into defendant's ability to understand proceeding at plea hearing; State did not commit misconduct by failing to turn over victim impact letters which neither the State nor defendant had access to; Crim.R. 16; Victim impact statements; R.C. 2947.051; R.C. 2930.14(A); Lake County Local Rule 8.06; Plain error; Crim.R. 52(B); trial court did not improperly rely on new information from victim impact statements without disclosing contents to defendant; Ineffective assistance of counsel; R.C. 2967.271; Reagan Tokes Law is not unconstitutional on its face. | Eklund | Lake |
11/7/2022
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11/7/2022
| 2022-Ohio-3971 |
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State v. Lawson
| 2021-L-133 | CRIMINAL - Manifest weight of the evidence; sufficient evidence; gross sexual imposition, R.C. 2907.05(A)(4); R.C. 2907.05(A)(1); sexual contact; a lack of corroborating eyewitness testimony is not a basis for reversal alone; force or threat of force. | Eklund | Lake |
11/7/2022
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11/7/2022
| 2022-Ohio-3972 |
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State v. Cortez
| 2022-A-0019 & 2022-A-0020 | CRIMINAL - Sentencing; R.C. 2929.14(C); Consecutive sentencing; Breach of plea agreement; Plain error; Crim.R. 52(B); Defendant breached a plea agreement by twice failing to appear for sentencing, the State was within its rights to change recommendation from concurrent sentences to consecutive sentences. | Eklund | Ashtabula |
11/7/2022
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11/7/2022
| 2022-Ohio-3973 |
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State v. Mueller
| 2022-T-0026 | CRIMINAL LAW - SENTENCING - R.C. 2929.11 and 2929.12; appellate court not permitted to independently weigh evidence and substitute its judgment for trial court. | Wright | Trumbull |
11/7/2022
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11/7/2022
| 2022-Ohio-3974 |
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State v. Walker
| 2022-T-0035 | CRIMINAL - Crim.R. 25(B); a party waives any objection to the transfer of judges by failing to raise that issue on the record before the action is taken; a sentencing court must merely state that it has considered the factors under R.C. 2929.11 and R.C. 2929.12. | Eklund | Trumbull |
11/7/2022
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11/7/2022
| 2022-Ohio-3975 |
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Concord Real Estate Invest., L.L.C. v. Concord Twp. Joint Economic Dev. Dist.
| 2021-L-001 | CIVIL - joint economic development district; summary judgment; income tax exemption; R.C. 715.72(Q); owner; business operating within the district; R.C. 715.72(A)(7) | Lynch | Lake |
11/7/2022
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11/7/2022
| 2022-Ohio-3976 |
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State v. Abdullah
| 2021-L-051 | CRIMINAL - manifest weight of the evidence; sufficiency of the evidence; Rape; Felonious Assault; Kidnapping; merger; evidence of penetration; credibility of witness; inconsistent testimony; physical evidence; purpose to inflict serious physical harm; consecutive sentence; harm to the victim; Reagan Tokes; void-for-vagueness; separation of powers; right to trial by jury; due process; parole revocation | Lynch | Lake |
11/7/2022
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11/7/2022
| 2022-Ohio-3977 |
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State v. Jones
| 2021-P-0098 | CRIMINAL LAW - sufficiency of the evidence, reckless homicide, perversely disregarded known risks dry firing handgun in close proximity, tampering with evidence, sufficient evidence appellant removed all traces of himself from the scene; prosecutorial misconduct, legitimately questioned witness in effort to bolster his credibility, failed to demonstrate improper or prejudice, remark regarding appellant's post-arrest silence and lack of curative instruction by trial court was troubling, however any error was harmless given the overwhelming evidence of appellant's guilt; hearsay rule does not apply to out of court statement when it is used to explain subsequent actions of witness. | Trapp | Portage |
11/7/2022
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11/7/2022
| 2022-Ohio-3978 |
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State v. Habeeb-Ullah
| 2021-P-0102 | CRIMINAL LAW - Gross Sexual Imposition; sufficiency of the evidence; delayed disclosure; sexual contact does not require skin to skin contact; manifest weight of the evidence; a reasonable juror could find the victim's testimony credible despite being disclosed when she was angry; res judicata barred appellant from raising issue with the trial court's decision to exclude testimony; affirmed. | Rice | Portage |
11/7/2022
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11/7/2022
| 2022-Ohio-3979 |
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State v. Little
| 2022-P-0051 | APPELLATE REVIEW - R.C. 2505.02; no final appealable order; no disposition of underlying criminal action; no conviction or sentence. | Eklund | Portage |
11/7/2022
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11/7/2022
| 2022-Ohio-3980 |
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Terrell v. Morgan Furniture
| 2022-T-0033 | CIVIL LAW - small claims; failed to prove breach of contract claim by a preponderance of the evidence; failed to file transcript or agreed upon statement pursuant to App.R. 9 on appeal, thus, we presume regularity below and affirm. | Trapp | Trumbull |
11/7/2022
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11/7/2022
| 2022-Ohio-3981 |
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State v. Mills
| 2022-A-0006 | CRIMINAL - Manifest weight of the evidence; a jury may consider circumstantial evidence; consecutive sentences; findings mandated by R.C. 2929.14(C)(4) must be made at the sentencing hearing and in the sentencing entry. | Eklund | Ashtabula |
10/31/2022
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10/31/2022
| 2022-Ohio-3866 |
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In re E.M.
| 2022-T-0057 | CIVIL - Termination of parental rights; motion to extend temporary custody; best interest of the child; R.C. 2151.414(B)(1). | Eklund | Trumbull |
10/31/2022
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10/31/2022
| 2022-Ohio-3867 |
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State ex rel. O'Brien v. Nosich
| 2022-T-0049 | ORIGINAL ACTION - petition for writ of prohibition; patent and unambiguous lack of jurisdiction; adequate remedy at law; subject matter jurisdiction; continuing jurisdiction; nunc pro tunc | Per Curiam | Trumbull |
10/31/2022
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10/31/2022
| 2022-Ohio-3868 |
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State v. Stevens
| 2021-L-105 | CRIMINAL - R.C. 2929.12(C)(4); mitigating factors; consecutive sentences; R.C. 2953.08(G)(2); Reagan Tokes Law. | Eklund | Lake |
10/24/2022
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10/24/2022
| 2022-Ohio-3781 |
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Krueger v. Krueger
| 2022-G-0022 & 2022-G-0028 | APPEALS DISMISSED - motion to recuse magistrate denied; R.C. 2505.02(B)(2); does not affect a substantial right; matters pending; no final, appealable order; motion to extend discovery; no order of discovery of a privileged matter; interlocutory; no final, appealable order. | Trapp | Geauga |
10/24/2022
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10/24/2022
| 2022-Ohio-3782 |
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Younker v. Mook
| 2021-A-0042 | civil protection order; Civ.R. 65.1(F); objections to magistrate's grant of protection order; failure to file objections; Civ.R. 65.1(G); failure to file transcript; record on appeal; dismissal | Lynch | Ashtabula |
10/17/2022
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10/17/2022
| 2022-Ohio-3699 |
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Homestead Interiors, Inc. v. Hines
| 2021-G-0024 | CIVIL - Trial court's adoption of magistrate's decision denying party's counterclaim alleging violations of the Consumer Sales Practices Act and the Fair Debt Collection Practices Act, damage to personal property, and breach of express and implied warranties of merchantability was not erroneous; counterclaimant failed to prove his counterclaim when he submitted only one photo and personal testimony as evidence; counterclaimant was required to submit expert testimony to refute plaintiff's claim that the carpet color deviation from the sample carpet was within industry standards; trial court erred in entering judgment for attorney fees against consumer under R.C. 1345.09(F) without finding that defendant's counterclaim was baseless or made in bad faith; affirmed in part, reversed in part, remanded. | Rice | Geauga |
10/17/2022
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10/17/2022
| 2022-Ohio-3700 |
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