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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Douglas
| 2022-T-0102 | CRIMINAL - Competency hearing; competency evaluation; R.C. 2945.37(B). | Eklund | Trumbull |
5/30/2023
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5/30/2023
| 2023-Ohio-1791 |
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State v. Bentley
| 2022-L-076 & 2022-L-080 | CRIMINAL - Assault; manifest weight of the evidence; sufficient evidence; credibility; self-defense; double jeopardy; voidable; void; subject matter jurisdiction; harmless error | Lynch | Lake |
5/30/2023
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5/30/2023
| 2023-Ohio-1792 |
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State v. Hickman
| 2022-A-0114 | CRIMINAL LAW - murders; not guilty by reason of insanity; petition for conditional release; hospital; less-restricted group home; experts recommend; clear and convincing standard; unsupervised status; court enjoys broader discretion; based upon intellectual deficits and reason for original commitment, petition denied; judgment not unsound or unreasonable. | Lucci | Lake |
5/30/2023
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5/30/2023
| 2023-Ohio-1793 |
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Acosta v. Rubalcava
| 2022-L-128 & 2023-L-002 | CIVIL - forcible entry and detainer; hearing; paused; matter continued; counterclaims; damages exceed jurisdiction of municipal court; so interrelated that claims must be heard together; failure to remove; court erred in adjudicating without jurisdiction; due process; appellants denied opportunity to be heard. | Lucci | Lake |
5/30/2023
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5/30/2023
| 2023-Ohio-1794 |
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Ashtabula Cty. Med. Ctr. v. Scruggs
| 2022-A-0061 | CIVIL - medical bills; minor child; noncustodial parent; child support; social security; R.C. 3103.03; failure to appear at pretrial hearing; mediation; failure to appear at mediation; motion to dismiss for failure to prosecute; motion to enforce settlement; dismissal of party in previous lawsuit otherwise than on the merits; Civ.R. 4(E); Civ.R. 41(B)(4). | Lucci | Ashtabula |
5/30/2023
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5/30/2023
| 2023-Ohio-1795 |
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State v. Tamas
| 2022-A-0070 | CRIMINAL - Aggravated Trafficking in Drugs; R.C. 2925.03(A)(2); ineffective assistance of counsel; failure to file motion to suppress; no ineffective assistance of counsel where a motion would not be successful and the outcome of the proceedings would not have been different; Fourth Amendment; unreasonable search and seizure; an order to remain in a vehicle based on the non-suspect passenger's admission to possessing a knife is not an unreasonable seizure; officer may rely on other independent basis to detain non-suspect passenger in vehicle, i.e. failure to wear a seatbelt. | Eklund | Ashtabula |
5/22/2023
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5/22/2023
| 2023-Ohio-1710 |
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State v. McCaulley
| 2022-L-105 | CRIMINAL - OVI; R.C. 4511.19(A)(1)(a); Improperly Handling Firearms in a Motor Vehicle; R.C. 2923.16(D)(1); Evid.R. 803(8)(b); admission of hearsay; a police report was hearsay and not admissible because the statement in question was not based on the officer's firsthand observation. Standardized Field Sobriety Tests; Vertical Gaze Nystagmus Test; R.C. 4511.19(D)(4)(b) requires the State to show by clear and convincing evidence that field sobriety tests were administered in substantial compliance; failure to challenge admissibility of field sobriety tests through motion to suppress results in waiver of issue; Sufficiency of the evidence. | Eklund | Lake |
5/22/2023
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5/22/2023
| 2023-Ohio-1711 |
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Schultz v. Schultz
| 2022-P-0049 | CIVIL - divorce; trial court did not abuse its discretion by adopting parties' agreement; psychiatric evaluation to determine best interests of children in custody proceedings is not akin to a mental status examination to determine capacity to enter into contractual agreements; raised for first time on appeal; failed to file a transcript. | Trapp | Portage |
5/22/2023
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5/22/2023
| 2023-Ohio-1712 |
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State v. Schultz
| 2022-P-0054 | CRIMINAL LAW - trial court did not abuse discretion by denying appellant's post-sentence motion to withdraw no contest plea 30 months after sentencing; failed to file transcript; self-serving affidavit; only evidence at hearing on post-sentence motion was his own testimony that he was satisfied with counsel at time of plea, his rights were explained to him, and he willingly waived them; received benefit of plea agreement. | Trapp | Portage |
5/22/2023
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5/22/2023
| 2023-Ohio-1713 |
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In re P.V.A.
| 2022-A-0097 | CIVIL - Granting legal custody to a third party; best interest of the child. | Eklund | Ashtabula |
5/15/2023
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5/15/2023
| 2023-Ohio-1622 |
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State v. Hare
| 2022-A-0048 | CRIMINAL - Felonious Assault; Using Weapons While Intoxicated; self-defense; sufficient evidence; manifest weight of the evidence | Lynch | Ashtabula |
5/15/2023
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5/15/2023
| 2023-Ohio-1623 |
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State v. Ritchey
| 2022-G-0025 | CRIMINAL - Murder; venue; jury instructions. R.C. 2901.12(J); expert testimony; live birth; Evid.R. 702; dissociative disorder; diminished capacity; culpable mental state; autopsy report; hearsay; confrontation clause; Evid.R. 803(6) and (8); coroners; manifest weight of the evidence | Lynch | Geauga |
5/15/2023
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5/15/2023
| 2023-Ohio-1625 |
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State v. Campbell
| 2022-L-060 | CRIMINAL - post-sentence motion to withdraw guilty plea; Crim.R. 32.1; abuse of discretion; freely and liberally granted; legitimate and reasonable | Lynch | Lake |
5/15/2023
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5/15/2023
| 2023-Ohio-1626 |
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State v. Jarrett
| 2022-T-0081 | CRIMINAL - Assault; manifest weight of the evidence | Lynch | Trumbull |
5/15/2023
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5/15/2023
| 2023-Ohio-1627 |
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State v. Murray
| 2022-T-0075 & 2022-T-0076 | CRIMINAL LAW - guilty plea; Crim.R. 11; knowing, voluntary and intelligent plea; statements made at sentencing; no requirement to explain potential suppression issues; Reagan Tokes Law; constitutionality; indeterminate sentence. | Lucci | Trumbull |
5/15/2023
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5/15/2023
| 2023-Ohio-1628 |
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Chester v. Davis
| 2023-T-0013 | EXTRAORDINARY WRITS - petition for writ of habeas corpus; speedy trial; voluntary nature of plea; delayed sentencing; motion to dismiss; Civ.R. 12(B)(6); adequate remedy in ordinary course of law; subject matter jurisdiction. | Per Curiam | Trumbull |
5/15/2023
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5/15/2023
| 2023-Ohio-1629 |
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State v. Smith
| 2022-P-0034 | CRIMINAL - Domestic Violence; R.C. 2919.25(A); Resisting Arrest; R.C. 2921.33(A); Obstructing Official Business; R.C. 2921.31(A); the right to testify is personal to the defendant and may be relinquished only by the defendant; a defendant's constitutional right to testify is contingent upon a timely demand by the defendant; ineffective assistance of counsel. | Eklund | Portage |
5/8/2023
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5/8/2023
| 2023-Ohio-1533 |
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State v. Elamin
| 2022-T-0034 | CRIMINAL - Soliciting; R.C. 2907.24(A)(1); Possessing Criminal Tools; R.C. 2923.24(A); motion to continue; admission of evidence; Evid.R. 901(A); Evid.R. 901(B)(1); judgment of acquittal; Crim.R. 29(A); sufficiency of the evidence; waiver of Miranda rights; a Miranda waiver need not be in writing to be valid. | Eklund | Trumbull |
5/8/2023
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5/8/2023
| 2023-Ohio-1534 |
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State v. Graley
| 2022-A-0088 | Aggravated Murder; Anders v. California; guilty plea; wholly frivolous; greater than minimum sentence; jointly agreed sentence; sentence authorized by law; sentence not subject to review; R.C. 2953.08(D)(3); competent to stand trial; knowing and voluntary plea; Crim.R. 11 | Lynch | Ashtabula |
5/8/2023
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5/8/2023
| 2023-Ohio-1535 |
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State ex rel. Jones v. Paschke
| 2022-G-0037 | ORIGINAL ACTION - writ of prohibition denied; respondent's motion for summary judgment granted; petitioner cannot establish court of common pleas patently and unambiguously lacks jurisdiction to proceed upon grandparent's complaint for visitation pursuant to R.C. 3109.11; whether trial court has authority to appoint GAL is not a question of subject matter jurisdiction but of the trial court's exercise of jurisdiction; adequate remedy by way of an appeal. | Per Curiam | Geauga |
5/8/2023
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5/8/2023
| 2023-Ohio-1536 |
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A.J. Constr. Co. v. Steel Valley Paving & Concrete, Inc.
| 2022-T-0098 | CIVIL - relief from judgment; excusable neglect; Civ.R. 60(B)(1); abuse of discretion; withdrawal of attorney; failure to appear at trial. | Trapp | Trumbull |
5/8/2023
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5/8/2023
| 2023-Ohio-1537 |
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Mentor v. Jarvis
| 2022-L-111, 2022-L-112, 2022-L-114, 2022-L-115 | CRIMINAL LAW - traffic charges; obstructing official business; sovereign status; prosecutor did not receive motion; Civ.R. 5(B); personal sovereignty claim is not jurisdictional; municipal court possessed jurisdiction; denial of oral motion to continue; no abuse of discretion; alleged financial interest or bias; no affidavit of disqualification filed; no error. | Lucci | Lake |
5/8/2023
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5/8/2023
| 2023-Ohio-1538 |
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State v. McCoy
| 2022-P-0059 | CRIMINAL LAW - cruelty to a companion animal; R.C. 959.131(C); Anders; Crim.R. 11; knowing, intelligent, and voluntary plea; ineffective assistance of counsel; felony sentence; not contrary to law; wholly frivolous. | Lucci | Portage |
5/8/2023
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5/8/2023
| 2023-Ohio-1539 |
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State v. Hutsenpiller
| 2022-T-0087 | CRIMINAL LAW - post-sentence; motion to withdraw guilty plea; manifest injustice standard; counsel not required in a post-sentence motion to withdraw; may be necessary if a hearing is required; ineffective assistance of counsel; dehors the record. | Lucci | Trumbull |
5/8/2023
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5/8/2023
| 2023-Ohio-1540 |
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State v. Stevenson
| 2022-T-0100 | CRIMINAL LAW: guilty plea; Crim.R. 11; knowing, voluntary, and intelligent plea. | Lucci | Trumbull |
5/8/2023
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5/8/2023
| 2023-Ohio-1541 |
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In re A.M.
| 2022-A-0107 & 2022-A-0108 | JUVENILE - motion for permanent custody; termination of parental rights; best interest of children; legally secure permanent placement; manifest weight of the evidence; clear and convincing evidence. | Trapp | Ashtabula |
4/25/2023
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5/1/2023
| 2023-Ohio-1441 |
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State v. Reed
| 2022-A-0082 | CRIMINAL - Endangering Children; R.C. 2919.22(A); R.C. 2929.11; R.C. 2929.12; R.C. 2953.08(G)(2)(a) provides for limited review of whether the record supports a trial court's sentencing findings under specific statutes; R.C. 2953.08(G)(2)(b) provides that court of appeals may review whether a sentence is contrary to law; 24 month sentence for a third-degree felony conviction was not contrary to law; nunc pro tunc; Crim.R. 36 allows trial court to correct clerical mistakes. | Eklund | Ashtabula |
4/24/2023
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4/24/2023
| 2023-Ohio-1324 |
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Gouveia v. Cvengros
| 2022-T-0074 | CIVIL - Tort action; motor vehicle accident; enforcement of oral settlement agreement requires clear and convincing evidence of the terms of agreement and that parties entered into the agreement; mediation proceedings resulting in a purported settlement agreement are subject to privilege; R.C. 2710.04; factual dispute existed about whether appellants evidence proof of acceptance of oral settlement agreement. | Eklund | Trumbull |
4/24/2023
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4/24/2023
| 2023-Ohio-1325 |
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State v. Nutt
| 2022-T-0088 | CRIMINAL LAW - burglary; force; opening of a closed but unlocked door; jury instruction for lesser included offense of criminal trespass; sufficiency of the evidence; manifest weight. | Trapp | Trumbull |
4/24/2023
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4/24/2023
| 2023-Ohio-1327 |
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State ex rel. Ames v. Geauga Cty. Bd. of Revision
| 2022-G-0021 | CIVIL - Open Meetings Act; frivolous conduct; R.C. 121.22(I)(2)(b); appeal; divested of subject matter jurisdiction; collateral issue; magistrate's decision; objections; plain error. | Trapp | Geauga |
4/17/2023
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4/17/2023
| 2023-Ohio-1247 |
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State v. Freshwater
| 2022-L-071 | CRIMINAL LAW - indefinite sentences; Reagan Tokes Act; constitutionality; facial challenges; as-applied challenges not ripe; individual prison terms; Jones; not contrary to law. | Lucci | Lake |
4/17/2023
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4/17/2023
| 2023-Ohio-1248 |
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State v. Light
| 2022-A-0055 | CRIMINAL - Cruelty to Animals; R.C. 959.13; right to allocute; Crim.R. 32(A)(1); new information introduced by judge at sentencing; prejudice; manifest weight of the evidence; sufficiency of the evidence; credibility of witnesses; harm to animal; unnecessary or unjustifiable pain or suffering; prosecutorial misconduct; fair trial; prior bad acts; bias; disqualification | Lynch | Ashtabula |
4/10/2023
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4/10/2023
| 2023-Ohio-1187 |
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Menard, Inc. v. DiPaolo Indus. Dev., L.L.C.
| 2022-T-0032 | CIVIL - construction contract; summary judgment; counterclaim; breach of contract; unjust enrichment; change orders; waiver; weight of the evidence; conversion; defamation; attorney fees; indemnification | Masters | Trumbull |
4/10/2023
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4/10/2023
| 2023-Ohio-1188 |
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State v. Kovach
| 2022-G-0027 | CRIMINAL - Motion to continue; denying a motion to continue; standby counsel; hybrid representation prohibited; right to counsel; waiver of the right to counsel must be made voluntarily, knowingly, and intelligently; Crim.R. 44(C); R.C. 2945.37(B); competency evaluation; Crim.R. 32.2; a pre-sentence investigation is required only before granting probation or community control sanctions. | Eklund | Geauga |
3/31/2023
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3/31/2023
| 2023-Ohio-1085 |
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McFadden v. Discerni
| 2022-T-0019 | CIVIL - Civ.R. 56(C); summary judgment; negligence; premises liability; open and obvious doctrine; under the open and obvious doctrine, the nature of the hazard itself is sufficient warning and no duty is imposed on the homeowner; social guest; invitee. | Eklund | Trumbull |
3/31/2023
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3/31/2023
| 2023-Ohio-1086 |
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Frawley v. Beach
| 2022-A-0118 | APPELLATE REVIEW - R.C. 2505.02; no final order; issues not fully resolved; lack of jurisdiction. | Eklund | Ashtabula |
3/31/2023
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3/31/2023
| 2023-Ohio-1087 |
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State v. Whethers
| 2022-L-091 | CRIMINAL LAW - Reagan Tokes Act, constitutional, does not violate doctrine of separation of powers, or rights to trial by jury and due process. | Trapp | Lake |
3/31/2023
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3/31/2023
| 2023-Ohio-1088 |
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State v. ONeil
| 2020-P-0030 | CRIMINAL LAW - motion for leave to file a motion for a new trial; evidentiary hearing; Crim.R. 33; unavoidably prevented; clear and convincing proof; eyewitness evidence; expert testimony; new scientific theories; new legal authority. | Trapp | Portage |
3/31/2023
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3/31/2023
| 2023-Ohio-1089 |
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State v. Brownlee
| 2022-L-075 | CRIMINAL LAW - postsentence; motion to withdraw guilty plea; advisement; trial court; not eligible for judicial release during mandatory incarceration; did not misinform; R.C. 2929.20(C)(4); not eligible until five years after mandatory term served; in pari materia; trial court not required to inform defendant regarding judicial release during plea colloquy; res judicata. | Lucci | Lake |
3/31/2023
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3/31/2023
| 2023-Ohio-1090 |
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State v. Scott
| 2022-T-0084 | CRIMINAL LAW - indefinite sentences; Reagan Tokes Act; constitutionality; facial challenges; as-applied challenges not ripe; individual prison terms; Jones; not contrary to law. | Lucci | Trumbull |
3/31/2023
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3/31/2023
| 2023-Ohio-1091 |
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State v. Dahlberg
| 2022-A-0063 | CRIMINAL - Post-Conviction Relief; R.C. 2953.02; abuse of discretion; dismissal of petition for post-conviction relief without a hearing; res judicata does not bar petitioner when from raising an issue when petitioner was represented pro se on direct appeal. | Eklund | Ashtabula |
3/27/2023
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3/27/2023
| 2023-Ohio-987 |
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State v. Meeks
| 2022-A-0060 | CRIMINAL - Anders; wholly frivolous; guilty plea; voluntary; Crim.R. 11; competence; felony sentencing; indefinite sentence; restitution | Lynch | Ashtabula |
3/27/2023
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3/27/2023
| 2023-Ohio-988 |
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Jones v. Jones
| 2022-G-0032 | CIVIL- suggestion of death; death of party; abatement; motion to vacate; personal jurisdiction; R.C. 2311.21; divorce; domestic violence protection order; R.C. 3113.31; issue adjudicated during lifetime of parties; ex parte order; Civ.R. 65.1(F)(2) | Lynch | Geauga |
3/27/2023
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3/27/2023
| 2023-Ohio-989 |
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State v. Johnson
| 2022-L-067 & 2022-L-068 | CRIMINAL - Reagan Tokes; indefinite sentence; separation of powers; right to fair hearing; due process; constitutional | Lynch | Lake |
3/27/2023
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3/27/2023
| 2023-Ohio-990 |
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Kubala v. Smith
| 2022-T-0094 | CIVIL - sexually hostile work environment; summary judgment; Civ.R. 56; political subdivision employee immunity; individual capacity; R.C. 2744.03(A)(6); R.C. 2744.02(C); manifestly outside the scope of the employee's employment or official responsibilities; malicious purpose; bad faith; wanton; reckless. | Lucci | Trumbull |
3/27/2023
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3/27/2023
| 2023-Ohio-991 |
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State v. Talley
| 2021-T-0044 | CRIMINAL LAW - reopened appeal; App.R. 26(B); ineffective assistance of appellate counsel; consecutive sentence findings; joint agreement as to sentence. | Trapp | Trumbull |
3/20/2023
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3/20/2023
| 2023-Ohio-883 |
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Redding v. United States Parachute Assn., Inc.
| 2022-G-0024 | CIVIL - membership; private organization; skydiving; refusal to renew membership; governance manual; breach of contract; negligence; intentional interference with business interest; Sarbanes-Oxley Act; Ohio's whistle-blower statute; Civ.R. 12(C); no contractual relationship; no cognizable cause of action for negligence; no Sarbanes-Oxley violation; no intentional interference with a business interest; no breach of duty of good faith; genuine issue of material fact as to Ohio whistle-blower claim; dismissal of claim for injunctive relief proper. | Brogan | Geauga |
3/20/2023
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3/20/2023
| 2023-Ohio-884 |
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Mickens v. Berry Global, Inc.
| 2022-P-0066 | APPELLATE REVIEW - failure to comply with local and appellate rules; appeal dismissed. | Trapp | Portage |
3/20/2023
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3/20/2023
| 2023-Ohio-885 |
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Russell v. McCloud
| 2022-T-0017 & 2022-T-0048 | CIVIL LAW - workers' compensation; R.C. 4123.512(F); increase in statutory award of attorney fees; 2017 amendment applies prospectively to any claim arising on or after date of the amendment. | Trapp | Trumbull |
3/20/2023
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3/20/2023
| 2023-Ohio-886 |
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State v. Gordon
| 2022-P-0024 | CRIMINAL LAW - resentencing; consecutive sentences; statutory findings; R.C. 292914(C)(4); made during sentencing hearing; court failed to incorporate into judgment entry; nunc pro tunc; affirm. | Lucci | Portage |
3/20/2023
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3/20/2023
| 2023-Ohio-887 |
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