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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Marcellino v. Nicastro
| 2021-G-0025 | CIVIL LAW - sanctions pursuant to R.C. 2323.51; sanctions against client were not in lieu of sanctioning attorney, but client's apportioned share of fault; trial court's findings support sanctions award; no reasonable person would have filed motion to show cause under the circumstances. | Trapp | Geauga |
8/8/2022
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8/8/2022
| 2022-Ohio-2736 |
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Career & Technical Assn. v. Auburn Vocational School Dist. Bd. of Edn.
| 2021-L-113 | CIVIL - collective bargaining agreement; teachers; union; board; stipend; teaching eight full periods; during work day; in lieu of a planning period; shortened classroom instruction day; planning period before instruction; contrary to provision; grievance; backpay; ambiguity; subject-matter jurisdiction; R.C. Chapter 4117; no alleged unfair labor practice; issues independent of rights created by statute; court properly exercised jurisdiction; attempt to withdraw joint stipulations; unilateral; no abuse of discretion; no need to amend complaint for damages calculation; magistrate's recommendation was not an order; proper referral to magistrate; decision on merits not against the manifest weight of the evidence. | Rice | Lake |
8/8/2022
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8/8/2022
| 2022-Ohio-2737 |
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Sunset Cove Community Assn., Inc. v. Whetzel
| 2021-L-123 | CIVIL - homeowners association; nonpayment of assessments and special charges; declaration; bylaws; rules and regulations; foreclosure; breach of contract; manifest weight of the evidence; attorney fees; American rule; statute or enforceable contract; unreasonably expended hours. | Trapp | Lake |
8/8/2022
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8/8/2022
| 2022-Ohio-2738 |
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State v. Fritz
| 2022-L-002 | CRIMINAL LAW - plea; guilty; murder; attempted kidnapping; felony sentencing; maximum sentence; attempted kidnapping; R.C. 2929.12 factors; considered; no merit; consecutive sentences; findings at previous sentencing incorporated into underlying sentencing hearing; R.C. 2929.14(C) factors considered; supported by the record; no error. | Rice | Lake |
8/8/2022
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8/8/2022
| 2022-Ohio-2739 |
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State ex rel. Ames v. Portage Cty. Solid Waste Mgt. Dist. Bd. of Commrs.
| 2022-P-0016 | CIVIL - summary judgment; judicial bias; disqualification; jurisdiction; due process; 28-day response deadline; Civ.R. 6(C)(1). | Trapp | Portage |
8/8/2022
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8/8/2022
| 2022-Ohio-2740 |
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State v. Powell
| 2022-T-0069 | APPELLATE REVIEW - App.R. 5(A); motion for delayed appeal; reasons do not justify two and one half year delay in filing appeal. | Trapp | Trumbull |
8/8/2022
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8/8/2022
| 2022-Ohio-2741 |
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Staric v. Moriarity
| 2021-G-0017 | CIVIL - small claims court; money judgment; real property; joint owners; tenants in common; right of contribution; necessary repair. | Wright | Geauga |
8/1/2022
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8/1/2022
| 2022-Ohio-2626 |
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State ex rel. Yost v. Osborne Co., Ltd.
| 2021-L-020 | CIVIL - Ohio Environmental Protection Agency; U.S. Army Corps of Engineers; Water Pollution Control Act; Clean Water Act; Ohio Administrative Code Chapter 3745; Revised Code Chapter 6111; cold water stream; pollution; storm water runoff; dredged material; civil penalty; discretion; Dayton Malleable factors; level of recalcitrance, defiance, or indifference to the law; harm or threat of harm to the environment; no evidence of economic benefit. | Wright | Lake |
8/1/2022
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8/1/2022
| 2022-Ohio-2627 |
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Ricksecker v. Thomson
| 2021-P-0095 | CIVIL - domestic violence civil protection order; inadmissible hearsay; a statement is hearsay if it was offered to prove the truth of the matter asserted; Evid.R. 801; Evid.R. 802; Evid.R. 803(6); business records exception; a trial court’s failure to strike or not admit hearsay testimony is harmless error if the evidence necessary to make the ruling was not based upon hearsay statements. | Eklund | Portage |
8/1/2022
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8/1/2022
| 2022-Ohio-2628 |
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Ambrose v. USAA Gen. Indemn. Co.
| 2021-P-0108 | CIVIL LAW - motor vehicle-pedestrian collision, sole issue before the jury was proximate cause/pain and suffering; uncontroverted evidence by defense expert witness of proximate cause/injury; reversed and remanded, jury's verdict was against the manifest weight of the evidence; jury should have received "egg shell" plaintiff jury instruction; improper cross-examination of plaintiff witnesses; wrongly disallowed self-authenticating footage of collision; no error in precluding mention of insurance at trial because it was not an issue before jury; no juror bias. | Trapp | Portage |
8/1/2022
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8/1/2022
| 2022-Ohio-2629 |
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State v. White
| 2021-T-0055 | CRIMINAL LAW - jail-time credit; two separate cases, different counties, same motor vehicle; burden is on appellant to establish court erred; no facts whether crimes were "related," must presume regularity and validity of jail-time calculations and affirm. | Trapp | Trumbull |
8/1/2022
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8/1/2022
| 2022-Ohio-2630 |
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Geauga Cty. Bd. of Health v. Malliski
| 2022-G-0012 | CIVIL LAW - trial court abused its discretion by granting plaintiff-appellee's motion to substitute defendants pursuant to Civ.R. 25(C) without allowing substituted defendant-appellant time to respond pursuant to Civ.R. 6(C)(1); remaining assignments of error are not yet ripe for review. | Trapp | Geauga |
8/1/2022
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8/1/2022
| 2022-Ohio-2631 |
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State v. Wright
| 2022-A-0051 | APPELLATE REVIEW - Untimely appeal; App.R. 4(A)(1); can file an untimely criminal appeal via App.R. 5(A). | Wright | Ashtabula |
7/25/2022
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7/25/2022
| 2022-Ohio-2544 |
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State ex rel. Ames v. Portage Cty. Bd. of Commrs.
| 2021-P-0112 | CIVIL - mandamus; open meetings; frivolous conduct; R.C. 121.22(I)(2)(b); improper purpose; R.C. 2323.51(A)(2)(a); due process; executive session; R.C. 121.22(G)(1); employment; statutory construction | Lynch | Portage |
7/25/2022
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7/25/2022
| 2022-Ohio-2543 |
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State v. Gegen
| 2021-L-121 | CRIMINAL - Failure to Notify Change of Address; R.C. 2950.05(F)(1); sufficiency of the evidence; manifest weight of the evidence. | Eklund | Lake |
7/18/2022
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7/18/2022
| 2022-Ohio-2462 |
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Gibbons v. Ohio State Dental Bd.
| 2021-L-128 | ADMINISTRATIVE - R.C. 119.12; license to practice dental hygiene; state dental board; consent agreements; probationary status; R.C. 4715.30; adjudication; R.C. 119.01(D); modification of penalty | Lynch | Lake |
7/18/2022
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7/18/2022
| 2022-Ohio-2463 |
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State v. Lucien
| 2021-P-0107 | CRIMINAL - felony sentencing; R.C. 2929.11 and .12; jail time credit; R.C. 2929.19(B)(2)(g)(i) | Lynch | Portage |
7/18/2022
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7/18/2022
| 2022-Ohio-2464 |
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Hogya v. Hogya
| 2022-L-051 | APPELLATE REVIEW - App.R. 3(D) and App.R. 4(A); no entry attached to notice of appeal; untimely appeal. | Rice | Lake |
7/18/2022
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7/18/2022
| 2022-Ohio-2465 |
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Heinz v. State
| 2022-P-0028 | APPELLATE REVIEW - vexatious litigator filed leave to proceed after 30-day period; R.C. 2323.52; untimely appeal; App.R. 4(A); dismissed. | Trapp | Portage |
7/18/2022
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7/18/2022
| 2022-Ohio-2466 |
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State v. Randall
| 2022-T-0009 | CRIMINAL - expungement; sealing the record; attempted offense; statutory eligibility; R.C. 2953.36(A)(6); R.C. 2953.36(A)(7); victim less than sixteen years of age; Attempted Disseminating Matter Harmful to Juveniles | Lynch | Trumbull |
7/18/2022
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7/18/2022
| 2022-Ohio-2467 |
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State v. Pence
| 2022-T-0062 | APPELLATE REVIEW - Untimely appeal; App.R. 4(A)(1); can file an untimely criminal appeal via App.R. 5(A). | Rice | Trumbull |
7/18/2022
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7/18/2022
| 2022-Ohio-2468 |
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State v. Dammons
| 2021-L-117 | CRIMINAL LAW - denial of a motion to correct jail-time credit; the burden is on the appellant to establish the court erred in its jail-time credit award; appellant failed to meet burden of demonstrating the trial court erred in denying motion for jail-time credit even when calculation of jail-time credit is not apparent from the record; affirmed. | Rice | Lake |
7/11/2022
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7/11/2022
| 2022-Ohio-2387 |
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In re J.D.
| 2021-L-126 | JUVENILE - delinquency; rape; gross sexual imposition; objection to magistrate's decision; Juv.R. 40; plain error; ineffective assistance of counsel; Juv.R. 22(B); Evid.R. 702; PTSD; sufficiency of the evidence; manifest weight of the evidence; merger; R.C. 2941.25. | Wright | Lake |
7/5/2022
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7/5/2022
| 2022-Ohio-2334 |
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State v. Bell
| 2021-P-0097 | POSTCONVICTION RELIEF - due process; fair trial; undisclosed exculpatory evidence; materiality; Brady v. Maryland, 373 U.S. 83. | Wright | Portage |
7/5/2022
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7/5/2022
| 2022-Ohio-2335 |
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In re Adoption of M.J.E.S.
| 2022-T-0055 & 2022-T-0056 | APPELLATE REVIEW: Lack of a final appealable order; appeal from entry granting motion to stay is not final. | Lynch | Trumbull |
7/5/2022
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7/5/2022
| 2022-Ohio-2336 |
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Dailey v. Miller
| 2021-G-0032 | CIVIL - motion to vacate; default judgment; foreclosure; Civ.R. 60(B); excusable neglect; evidence of prior criminal convictions; motion to strike; Civ.R. 12(F); ripeness; Evid.R. 609; common law motion to vacate a void judgment; lack of reasoning. | Trapp | Geauga |
6/30/2022
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6/30/2022
| 2022-Ohio-2280 |
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State ex rel. Ames v. Geauga Cty. Bd. of Revision
| 2021-G-0039 | CIVIL - summary judgment; Open Meetings Act; R.C. 121.22; quorum; board of revision; hearing boards; deputies; R.C. 5715.02; R.C. 3.06(A). | Trapp | Geauga |
6/30/2022
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6/30/2022
| 2022-Ohio-2281 |
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State v. Heald
| 2021-L-111 & 2021-L-112 | CRIMINAL - assault; R.C. 2903.13(A); bench trial; hearsay; Evid.R. 801(D)(2)(a); weight and sufficiency of the evidence; defense of another; non-deadly force; ineffective assistance of counsel | Lynch | Lake |
6/30/2022
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6/30/2022
| 2022-Ohio-2282 |
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State v. Swift
| 2022-A-0005 | CRIMINAL - Endangering Children; Domestic Violence; subject-matter jurisdiction; juvenile court; exclusive jurisdiction; void; ineffective assistance of counsel; bad acts; bench trial; presumed to consider relevant, admissible evidence; prejudice; Crim.R. 29; "proper and reasonable discipline" | Lynch | Ashtabula |
6/30/2022
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6/30/2022
| 2022-Ohio-2283 |
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Ostanek v. Ostanek
| 2019-L-140 | CIV.R. 60 - motion to vacate; qualified domestic relations order; court order acceptable for processing; retirement benefits; survivor annuity; coverture method; marital portion; federal employees retirement system; office of personnel management; federal regulations; proposed order; modification of divorce decree; notice and opportunity to be heard; lack of service; Civ.R. 5; Civ.R. 58(B); Civ.R. 60(B)(5); meritorious claim or defense; reasonable time. | Wright | Lake |
6/27/2022
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6/27/2022
| 2022-Ohio-2197 |
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State v. Lusane
| 2021-P-0110 | CRIMINAL LAW - Crim.R. 57; Crim.R. 60(B); motion for relief from judgment; reasonable time. | Wright | Portage |
6/27/2022
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6/27/2022
| 2022-Ohio-2198 |
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State v. Casey
| 2021-T-0029 | CRIMINAL LAW - improperly discharging a firearm into a habitation; jury instructions; self-defense; castle doctrine; residence; dwelling; ineffective assistance of counsel; PTSD. | Wright | Trumbull |
6/27/2022
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6/27/2022
| 2022-Ohio-2199 |
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State v. Craig
| 2021-L-023 | CRIMINAL LAW - blackout is more than a loss of remembrance; affirmative defense; ineffective assistance of counsel; jury instruction; consecutive sentences; the rules of evidence are inapplicable to sentencing hearings; GetGo manager's testimony regarding the costs to repair and replace gas pump was inadmissible hearsay; harmless error; affirmed. | Rice | Lake |
6/27/2022
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6/27/2022
| 2022-Ohio-2200 |
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State ex rel. Internatl. Assn. of Fire Fighters v. Barbish
| 2021-L-103 | CIVIL - declaratory judgment; writ of mandamus; civil service commission; collective bargaining agreement; fire fighter; fire chief; retire; rehire; vacancy; permanent absence; R.C. 124.50; summary judgment; standing | Lynch | Lake |
6/27/2022
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6/27/2022
| 2022-Ohio-2201 |
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Howard v. Go Ahead Vacations, Inc.
| 2021-T-0041 | CIVIL - forum selection clause; noncommercial contract; consumer; "less readily enforceable"; overreaching; public policy; unreasonable forum; inconvenient forum; de novo | Lynch | Trumbull |
6/27/2022
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6/27/2022
| 2022-Ohio-2202 |
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State v. Fambro
| 2021-T-0042 | CRIMINAL - suspension, waiver, and modification of court costs; R.C. 2947.23(C) | Lynch | Trumbull |
6/27/2022
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6/27/2022
| 2022-Ohio-2203 |
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State v. Pishner
| 2021-P-0063 | CRIMINAL LAW - post-sentence motion to withdraw plea; Crim.R. 32.1; manifest injustice. POSTCONVICTION RELIEF - untimely petition; R.C. 2953.21; R.C. 2953.23; guilty plea. | Wright | Portage |
6/21/2022
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6/21/2022
| 2022-Ohio-2099 |
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State v. Wright
| 2021-A-0029 | CRIMINAL LAW - community control violation; cut off electronic-monitoring device; capias warrant; Anders brief; no error in sentencing; no prejudicial statement by prosecutor; revocation process; full compliance; sufficient, credible evidence of violation; motion to withdraw granted. | Rice | Ashtabula |
6/21/2022
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6/21/2022
| 2022-Ohio-2100 |
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Conneaut v. Babcock
| 2021-A-0045 | CRIMINAL LAW - violation of ordinance; speedy trial; several waivers; tolling periods; no days chargeable to state; constitutionality of ordinance; discharging either a rifle or a pellet gun; air gun; firearm; common meaning; on notice; no due process violation; no one-subject rule violation; not unconstitutionally vague; no violation of statutory procedures; no obvious irregularities. | Rice | Ashtabula |
6/21/2022
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6/21/2022
| 2022-Ohio-2101 |
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In re J.P.
| 2021-L-104 | JUVENILE LAW - serious youth offender, trial court lacked statutory authority to impose adult portion of sentence, failed to meet requirements of R.C. 2152.14(E)(1)(b), juvenile was neither admitted to detention facility nor had pending criminal charges, sentence vacated; consecutive sentences moot. | Trapp | Lake |
6/21/2022
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6/21/2022
| 2022-Ohio-2102 |
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State v. Montalbine
| 2021-L-114 | CRIMINAL LAW - jail-time credit; involuntarily served sentence; preserved right to appeal; appeal moot as sentence was served before appeal was heard and sentence and not conviction was appealed; sentence imposed within statutory range; dismissed as moot. | Rice | Lake |
6/21/2022
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6/21/2022
| 2022-Ohio-2103 |
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State v. Wilmington
| 2022-P-0027 | APPELLATE REVIEW - App.R. 4(A)(1); remedy under App.R. 5(A) to file untimely criminal appeal. | Wright | Portage |
6/21/2022
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6/21/2022
| 2022-Ohio-2104 |
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State v. Hetrick
| 2021-G-0022 | CRIMINAL LAW - application to seal record of conviction; OVI conviction statutorily exempt from sealing; when one conviction is exempt from sealing under R.C. 2953.36, none of the convictions under the same case number may be sealed, except as otherwise provided in R.C. 2953.61; State v. Futtrall, 123 Ohio St.3d 498. | Wright | Geauga |
6/13/2022
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6/13/2022
| 2022-Ohio-1993 |
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State v. James
| 2021-P-0020 | CRIMINAL - restitution; civil judgment; sentencing entry; R.C. 2929.18(A)(1). | Wright | Portage |
6/13/2022
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6/13/2022
| 2022-Ohio-1994 |
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Forsythe Fin., L.L.C. v. Austin
| 2021-P-0090 | OTHER CIVIL RULES - summary judgment; failure to timely respond to requests for admissions; unsigned, unsworn, and unserved answers to interrogatories; Civ.R. 33; Civ.R. 36; Civ.R. 56. | Wright | Portage |
6/13/2022
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6/13/2022
| 2022-Ohio-1996 |
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Yeager v. Arconic Inc.
| 2021-T-0052 | WORKERS' COMPENSATION - summary judgment; COVID-19; common illness to which the general public is exposed; not a compensable occupational disease. | Wright | Trumbull |
6/13/2022
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6/13/2022
| 2022-Ohio-1997 |
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Shamrock v. Cobra Resources, L.L.C.
| 2020-T-0075, 2020-T-0076 | CIVIL - motion to amend pleadings; Civ.R. 15; summary judgment; mortgage; after-acquired property; mineral estate; sheriff's deed; merger doctrine; undue influence; unconscionability; affirmative defense; waiver; privity; essential element; sua sponte; unraised issue; damages; attorney fees; American Rule; warranty of title; covenant of quiet enjoyment; compensatory damages; settlement agreement. | Trapp | Trumbull |
6/13/2022
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6/13/2022
| 2022-Ohio-1998 |
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State v. Berrios
| 2022-A-0043 | APPELLATE REVIEW - Denial of a criminal defendant's pretrial motion to suppress prior to the conclusion of the trial is not a final appealable order. | Eklund | Ashtabula |
6/13/2022
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6/13/2022
| 2022-Ohio-1999 |
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State v. Collica
| 2022-P-0026 | APPELLATE REVIEW - App.R. 4(A)(1); untimely appeal; remedy under App.R. 5(A) to file untimely criminal appeal. | Rice | Portage |
6/13/2022
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6/13/2022
| 2022-Ohio-2000 |
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State v. Gunther
| 2022-T-0038 | APPELLATE REVIEW - App.R. 5(A); motion for leave to file a delayed appeal; appeal untimely filed by over 14 years; even if not advised of appellate rights, appellant still obligated to take proper steps to protect his rights within a reasonable time. | Lynch | Trumbull |
6/13/2022
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6/13/2022
| 2022-Ohio-2001 |
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