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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Thames 2021-L-094, 2021-L-095, 2021-L-096, 2021-L-097, 2021-L-098, 2021-L-099CRIMINAL - Cruelty against companion animals; R.C. 2951.02(A); random probationary searches; R.C. 2929.28(A)(3); reimbursement is the proper financial sanction to a humane society for the care of animals; restitution hearing not required for when reimbursement is ordered; ability to pay a financial sanction; permanent bar from owning or caring for a companion animal.EklundLake 5/23/2022 5/23/2022 2022-Ohio-1715
State v. Farhat 2021-P-0111CRIMINAL - SENTENCING; right of allocution; Crim.R. 32(A)(1).EklundPortage 5/23/2022 5/23/2022 2022-Ohio-1716
State ex rel. Allenbaugh v. Sezon 2022-A-0002EXTRAORDINARY WRITS - prohibition; patent and unambiguous lack of jurisdiction; forcible entry and detainer; divesting of jurisdiction; jurisdiction to enforce judgment; stay of execution of judgment; dismissed appeal.Per CuriamAshtabula 5/23/2022 5/23/2022 2022-Ohio-1718
Echols v. Echols 2021-G-0040CIVIL - appointment of receiver; R.C. 2735.01; final order; further action contemplated; extraordinary remedy; continuance; party or person interested in the action; R.C. 2735.02; implied consent; conflict of interest; attorney may not serve as witnessLynchGeauga 5/23/2022 5/23/2022 2022-Ohio-1719
Ruiz v. Musa 2021-L-088DOMESTIC RELATIONS - shared parenting; due process; presentation of evidence and witnesses; Zoom hearing; GAL report; hearsayLynchLake 5/23/2022 5/23/2022 2022-Ohio-1720
Mantua Twp. Bd. of Trustees v. Kukral 2021-P-0093CIVIL - magistrate's decision; township zoning violations; civil action for injunctive relief; R.C. 519.24; fines; R.C. 519.99; anticipatory contempt; cross-appeal; App.R. 3(C)(1).TrappPortage 5/23/2022 5/23/2022 2022-Ohio-1721
Butorac v. Osmic 2022-L-010APPELLATE REVIEW - Trial court judgment can only be immediately reviewed by an appellate court if it constitutes a final order; R.C. 2505.02(B); deferring damages for a later determination is not a final appealable order.RiceLake 5/23/2022 5/23/2022 2022-Ohio-1722
Amato v. Brady 2022-L-015APPELLATE REVIEW - App.R. 4(A); thirty-day rule; Civ.R. 58(B); untimely appeal.WrightLake 5/23/2022 5/23/2022 2022-Ohio-1723
State v. Powell 2022-T-0040 & 2022-T-0041APPELLATE REVIEW: App.R. 4(A); untimely appeal; App.R. 5(A); motion for delayed appeal; notice of appeal must be filed concurrently with the filing of a motion for delayed appeal.TrappTrumbull 5/23/2022 5/23/2022 2022-Ohio-1724
Molzon v. Molzon 2021-A-0024CHILD CUSTODY - motion to terminate shared parenting; best interest of the children; requirement magistrate explicitly state factors pursuant to R.C. 3109.04(F); termination of child support remanded because no child support worksheet and financial information were submitted.TrappAshtabula 5/16/2022 5/16/2022 2022-Ohio-1634
State v. White 2021-L-106CRIMINAL LAW - bench trial; conviction; formal demand for jury trial; no objection to proceeding to bench trial is not waiver; silent acquiescence is not a waiver; no written waiver; prejudicial error.RiceLake 5/16/2022 5/16/2022 2022-Ohio-1635
State v. Vieira 2021-L-110CRIMINAL - abduction; operating a vehicle under the influence; sentencing factors; clearly and convincingly contrary to law; R.C. 2929.11; and R.C. 2929.12; weighing of factors; judicial fact-finding; household relationship; "any other relevant factors"LynchLake 5/16/2022 5/16/2022 2022-Ohio-1636
State v. Dudas 2021-L-115 & 2021-L-116CRIMINAL LAW - Jus Necessitatis; court did not err in striking appellant's repetitious motion for postconviction relief pursuant to its prior order; motion was otherwise barred by res judicata; right to counsel attaches only when adversarial proceedings are initiated against an individual for a particular incident; Sixth Amendment right to counsel is offense specific; affirmed.RiceLake 5/16/2022 5/16/2022 2022-Ohio-1637
State v. Talley 2021-T-0044CRIMINAL - felony sentencing; consecutive sentences; proportionality; R.C. 2929.14(C)(4)LynchTrumbull 5/16/2022 5/16/2022 2022-Ohio-1638
In re A.W. 2021-A-0026JUVENILE - CUSTODY - abused child; dispositional hearing; R.C. 2151.35(A)(1); Juv.R. 2(B); Juv.R. 3(M); evidence at dispositional hearing revealed appellant-mother, father, or grandmother were only three possible parties responsible for injury to child; court order case plan required appellant to cooperate with police investigation into child's injuries; Fifth Amendment right against self-incrimination is a personal right; trial court's case plan requirement has not terminated or limited parental rights based on unwillingness to admit wrongdoing; mere decision to not cooperate with investigation did not automatically implicate the Fifth Amendment right against self-incrimination; appellant may still invoke right against self-incrimination if she chooses to cooperate with investigation to complete case plan requirements; advisory opinions not appropriate.EklundAshtabula 5/9/2022 5/9/2022 2022-Ohio-1553
State v. Gambino 2021-T-0018CRIMINAL - Self-Defense; Jury instruction; instruction must be given if a correct statement, applicable to facts of the case, and if reasonable minds might reach the conclusion sought by requested instruction; defendant required to meet burden of production for prima facie case of self-defense; instruction not required where defendant failed to put forth sufficient evidence to meet burden of production; instruction not required when evidence showed defendant was at fault for creating situation giving rise to affray; manifest weight of the evidence; merger of offenses; merger of felonious assault and aggravated robbery not required when separate harms result from offenses; merger of felonious assault and aggravated robbery not required when level of violence far in excess of that necessary to commit aggravated robbery.EklundTrumbull 5/9/2022 5/9/2022 2022-Ohio-1554
State v. Sexton 2021-G-0027CRIMINAL LAW - sufficiency of evidence, sufficient evidence of prior conviction and "imminent harm"; manifest weight of the evidence, jury was free to believe state's version of events that appellant's threatening electronic communications were more than "hypothetical rants."TrappGeauga 5/2/2022 5/2/2022 2022-Ohio-1461
In re M.D. 2021-G-0038CHILD CUSTODY - termination of parental rights, manifest weight of the evidence, competent, credible evidence supporting trial court's finding that legally secure placement could not be achieved without permanent custody to agency, mother continues to struggle with sobriety and prescription medication compliance, lack of parental capacity.TrappGeauga 5/2/2022 5/2/2022 2022-Ohio-1462
State v. Banks 2021-L-130CRIMINAL - post-sentence motion to withdraw guilty plea; Crim.R. 32.1; abuse of discretion; manifest injusticeLynchLake 5/2/2022 5/2/2022 2022-Ohio-1463
Montalbine v. Montalbine 2022-L-020APPELLATE REVIEW - lack of a final, appealable order; R.C. 2505.02(B); Need final judgment by the trial court for this court to have jurisdiction.LynchLake 5/2/2022 5/2/2022 2022-Ohio-1464
State v. Furmage 2020-A-0057CRIMINAL - rape; gross sexual imposition; R.C. 2907.02; R.C. 2907.05; sufficiency of the evidence; manifest weight of the evidence; lay opinion testimony; Evid.R. 701; complete defense; impeachment; prior inconsistent statements; cumulative evidence; rebuttal; motion for mistrial; prosecutorial misconduct; closing argument; plain error; ineffective assistance of counsel; date of offense; indictment; cumulative error; consecutive sentences; R.C. 2953.08(G); R.C. 2929.14(C)(4).Thomas R. WrightAshtabula 5/2/2022 5/2/2022 2022-Ohio-1465
Suhay v. Fade 2022-A-0008APPELLATE REVIEW - R.C. 2505.02(B); discovery issues are generally interlocutory in nature; lack of a final appealable order.EklundAshtabula 4/25/2022 4/25/2022 2022-Ohio-1368
Heinz v. State 2022-P-0019CIVIL - vexatious litigator; R.C. 2323.52; leave to proceed; direct appeal from vexatious litigator determination; failure to seek leave; dismissed.TrappPortage 4/25/2022 4/25/2022 2022-Ohio-1369
State v. Fecko 2021-T-0021CRIMINAL LAW - rape; less than thirteen years of age; sexual conduct; digital penetration; corroboration not necessary; victim testimony sufficient; manifest weight; credibility; Evid.R. 702; expert testimony; court need not expressly state witness is qualified as expert. LESSER INCLUDED OFFENSES - jury instruction; de novo review; gross sexual imposition; sexual contact; right to remain silent.WrightTrumbull 4/18/2022 4/18/2022 2022-Ohio-1277
Fonce v. Champion Twp. 2021-T-0040CIVIL - Summary judgment; age discrimination; gender discrimination; retaliation; McDonnel Douglas test; adverse employment action; similarly situated individuals; Civ.R. 56(C); R.C. 4101.11; R.C. 4101.12.EklundTrumbull 4/18/2022 4/18/2022 2022-Ohio-1278
State v. Corradetti 2021-L-079CRIMINAL LAW - sufficient evidence of "surreptitiously invading privacy of another" from the victims' and investigative officer's testimonies, and appellant's note to the victims; manifest weight of the evidence supports jury's verdict where there was evidence appellant stood between shrub line and hotel window, peeping through curtains only slightly ajar, without permission, watching victims engage in sexual relations; appellant failed to demonstrate trial court did not consider misdemeanor sentencing where trial court explicitly stated it considered R.C. 2929.21 and R.C. 2929.22, and appellant's sentence was within sentencing range.TrappLake 4/18/2022 4/18/2022 2022-Ohio-1279
State v. Corradetti 2021-L-084CRIMINAL LAW - withdrawal of guilty plea; appellant failed to demonstrate manifest injustice; Crim.R. 11 colloquy; no requirement to inform of potential penalties in misdemeanor cases.TrappLake 4/18/2022 4/18/2022 2022-Ohio-1280
Morgan v. Natale 2021-T-0038CIVIL LAW - trial court properly dismissed appellees; appellant's claims of forgery, intentional infliction of emotional distress, and fraud were barred by res judicata and judicial/prosecutorial immunity; interference with civil rights need a state actor; right to trial by jury does not extend to determinations of law; failed to identify due process, equal protection, ethical violations, and/or demonstrate prejudice.TrappTrumbull 4/18/2022 4/18/2022 2022-Ohio-1281
State ex rel. Ames v. Portage Cty. Bd. of Commrs. 2021-P-0109APPELLATE REVIEW - R.C. 2505.02; final order; special proceeding; substantial right; denial of summary judgment; declaratory judgment; lack of jurisdiction; appeal dismissed.WrightPortage 4/11/2022 4/11/2022 2022-Ohio-1207
Alston v. Bracy 2021-T-0046EXTRAORDINARY WRITS - habeas corpus; summary judgment; Civ.R. 56(C); R.C. 2725.01; expiration of maximum sentence; petitioner not entitled to release when he did not receive new inmate number after first sentence completed but before completing second sentence.Per CuriamTrumbull 4/11/2022 4/11/2022 2022-Ohio-1208
State v. Piskac 2021-P-0051CRIMINAL - Grand Theft; R.C. 2913.02; sufficiency of the evidence; Crim.R. 29(A); intent to deprive; lesser-included offense; Unauthorized Use of a Motor Vehicle; R.C. 2913.03MastersPortage 4/11/2022 4/11/2022 2022-Ohio-1209
State v. Graham 2021-P-0035CRIMINAL LAW - aggravated murder; death sentence vacated; resentencing; application for reopening; S.Ct.Prac.R. 11.06; jurisdiction; motion for continuance; mitigation testimony; unavailability of expert witness; prejudice; life imprisonment without the possibility of parole.TrappPortage 4/4/2022 4/4/2022 2022-Ohio-1140
State ex rel. Ames v. Portage Cty. Bd. of Commrs. 2022-P-0013APPELLATE REVIEW - R.C. 2505.02(B); lack of final appealable order; denial of summary judgment is not a final order.TrappPortage 4/4/2022 4/4/2022 2022-Ohio-1141
In re A.W. 2021-A-0025JUVENILE - CUSTODY - motion to intervene; Juv.R. 2(Y); Civ.R. 24(B); nonparties; standing; in loco parentis; grandparents.EklundAshtabula 3/31/2022 3/31/2022 2022-Ohio-1097
State v. Neyhard 2021-A-0005CRIMINAL LAW - traffic offense; rolled through stop sign and loud exhaust; patrolman prolonged stop unreasonably to await backup before conducting a free-air sniff without additional, reasonable, articulable suspicion; Improperly Handling Firearms in a Motor Vehicle; R.C. 2923.16(B)(l); motion to suppress; reversed and remanded.RiceAshtabula 3/31/2022 3/31/2022 2022-Ohio-1098
State v. Bentley 2021-L-089 & 2021-L-090CRIMINAL - right to jury trial; Crim.R. 23(A); jury demand; bench trial; petty offense; waiver of jury trial; R.C. 2945.05; new trialLynchLake 3/31/2022 3/31/2022 2022-Ohio-1099
Walsh v. Walsh 2022-A-0004APPELLATE REVIEW - Motion to dismiss; merely adopting magistrate's decision is not a final appealable order; trial court needs separate and distinct order.EklundAshtabula 3/31/2022 3/31/2022 2022-Ohio-1101
State ex rel. Ames v. Pokorny 2022-P-0007WRIT OF PROCEDENDO - petition for writ of procedendo granted; trial court judge ordered to proceed to final judgment after two and one half years delay; a trial court need not enunciate any definitive statement concerning the court's rationale for ruling on a motion for summary judgment.Per CuriamPortage 3/31/2022 3/31/2022 2022-Ohio-1102
In re Adoption of R.R.L. 2021-T-0047ADOPTION - adoption; termination of parental rights; R.C. 3107.07; consent; de minimis contact; justifiable cause for failure to communicate; significant interference with communication; manifest weight of the evidence; payment of child support; payment “as required by law or judicial decree”LynchTrumbull 3/29/2022 3/31/2022 2022-Ohio-1100
State v. Nunnari 2021-P-0037CRIMINAL - Suppression Hearing; reasonable suspicion; judicial view; totality of circumstances; premature judgment entry; trial court collapsed the time for responses; opportunity to present case; post-hearing briefs; trial court's function cannot be replaced by independent review of appellate court.EklundPortage 3/28/2022 3/28/2022 2022-Ohio-1003
Am. Steel City Indus. Leasing, Inc. v. Bloom Land Co., L.L.C. 2021-T-0013CONTRACTS- motion for summary judgment, machinery, equipment, ambiguous, ordinary meaning, intent, modification, waiver.EklundTrumbull 3/28/2022 3/28/2022 2022-Ohio-1004
State v. Tarbet 2021-L-014CRIMINAL LAW - Tampering with Records; R.C. 2913.42(A)(1); Petty Theft; R.C. 2913.02(A)(3); evidence was sufficient to support conviction; Crim.R. 29(A); convictions were not against the manifest weight of the evidence; statements made during closing arguments of prior bad acts was not reversible error as defendant was not prejudiced by the statements, which the jury was instructed not to consider as evidence; failure to exclude evidence of prior bad acts was not error as the act in question was particularly relevant to the case as the day the investigation began and the day defendant lied about discrepancies; probative value of admission of the evidence outweighed the potential for unfair prejudice; affirmed.RiceLake 3/28/2022 3/28/2022 2022-Ohio-1005
State v. Wade 2021-L-049CRIMINAL - postconviction; ineffective assistance of counsel; prosecutorial misconduct; conflicting statements; prejudice; res judicata; overwhelming evidence of guiltLynchLake 3/28/2022 3/28/2022 2022-Ohio-1006
Molk v. Perram Elec., Inc. 2021-L-127APPELLATE REVIEW - lack of a final appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delayRiceLake 3/28/2022 3/28/2022 2022-Ohio-1007
Crossroads Auto Care, L.L.C. v. Cales 2021-P-0050CIVIL - dismissal with prejudice; clerical error; Civ.R. 60(A)LynchPortage 3/28/2022 3/28/2022 2022-Ohio-1008
State v. Mitchell 2021-P-0062CRIMINAL LAW - motion to vacate void judgment of conviction; subject matter jurisdiction; voidable judgment; res judicata.TrappPortage 3/28/2022 3/28/2022 2022-Ohio-1009
Jones v. Natural Essentials 2021-P-0066CIVIL - summary judgment; deposition testimony; Civ.R. 56; factual testimony/legal conclusions; genuine issues of material fact; workers' compensation retaliation; R.C. 4123.90; disability discrimination; R.C. 4112.02; Ohio public policy; wrongful termination; jeopardy, clarity and causation; workplace safety; Article II, Sections 34 and 35 of the Ohio Constitution; R.C. 4101.11 and .12; R.C. 4121.13(A) and .17(A); OSHA; 29 U.S.C. 654(a)(1) and (2)LynchPortage 3/28/2022 3/28/2022 2022-Ohio-1010
State v. Barr 2021-P-0105CRIMINAL LAW - jail-time credit; abuse of discretion; defendant not entitled to jail-time credit for periods of incarceration spent on unrelated matters; R.C. 2967.191(A); affirmed.RicePortage 3/28/2022 3/28/2022 2022-Ohio-1011
State ex rel. Ames v. Portage Cty. Bd. of Commrs. 2021-P-0118EXTRAORDINARY WRITS - writ of mandamus; summary judgment; solid waste management district; Open Meetings Act; R.C. 121.22; Public Records Act; R.C. 149.43; accurate meeting minutes; statutory damages.Per CuriamPortage 3/28/2022 3/28/2022 2022-Ohio-1012
Pope v. Bracy 2021-T-0053CRIMINAL - Writ of habeas corpus; Civ.R. 12(B)(6); failure to state a claim upon which relief can be granted; other adequate remedy at law precludes the matter from being addressed via habeas corpus relief.EklundTrumbull 3/28/2022 3/28/2022 2022-Ohio-1013