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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Baker v. Comley CA2023-01-007Defendant appeals decision in favor of plaintiff. Plaintiff named two defendants in complaint but judgment was entered against only one defendant. The claim against the second defendant was unresolved and there was no final appealable order.ByrneButler 4/8/2024 4/8/2024 2024-Ohio-1312
Gordon v. Mt. Carmel Farms, L.L.C. CA2023-03-012The trial court's injunction was not vague where it prohibited the defendant landowner from using its property "in any way inconsistent" with local zoning regulations and identified the types of business that the landowner was prohibited from allowing to operate on the property. Additionally, the plaintiffs had standing under R.C. 519.24 because their property was located near the defendant's property and the businesses on defendant's property caused various nuisances specific to plaintiffs. Finally, the plain language of R.C. 519.24, a special statute, makes injunctions issued under that statute different from injunctions issued under Civ.R. 65 because the statute is explicitly not limited to preserving the status quo. Defendant takes no issue with the court's factual findings, including that the companies operating on its property did so in violation of local zoning ordinances and can thus be removed from the property entirely pursuant to R.C. 519.24.HendricksonClermont 4/8/2024 4/8/2024 2024-Ohio-1313
State v. Elkins CA2023-02-001Defendant appeals domestic violence conviction. Conviction was supported by sufficient evidence that defendant had knowledge of causing the victim physical harm. Defendant's argument that 18 U.S.C. 922(g)(9) was unconstitutional as applied was waived.ByrnePreble 4/8/2024 4/8/2024 2024-Ohio-1314
State v. Hubbard CA2023-01-014Defendant shot at police and struck one of them. Defendant appeals convictions for felonious assault and other crimes. Greater weight of evidence did not demonstrate that defendant acted in self-defense. Defendant created the situation giving rise to the shooting. Defendant failed to establish that counsel performed deficiently by not submitting the "use of force" policies of the responding police agencies. Defendant's aggregate sentence in prison was not cruel and unusual. Defendant's conduct was egregious.ByrneWarren 4/8/2024 4/8/2024 2024-Ohio-1315
State v. Hall CA2023-06-047The trial court did not err by summarily dismissing appellant's pro se petition for postconviction relief without a hearing where the doctrine of res judicata barred appellant's claims alleging his trial counsel provided him with ineffective assistance of counsel given that appellant failed to provide the necessary "outside-the-record" evidence to avoid dismissal of his pro se postconviction relief petition without the need for the trial court to first hold a hearing on the matter.HendricksonWarren 4/1/2024 4/1/2024 2024-Ohio-1235
Dickenson v. Jackson CA2023-09-073The domestic relations court did not err by finding appellant in contempt under R.C. 2705.02(A) for violating her and appellee's shared parenting plan in regard to appellee's parenting time schedule nor did the domestic relations court err by ordering appellant to pay attorney fees and litigation expenses to appellee in accordance with R.C. 3105.73(B) based upon appellant being found in contempt.S. PowellWarren 4/1/2024 4/1/2024 2024-Ohio-1236
In re C.J.H. CA2023-04-024; CA2023-04-025; CA2023-04-026; CA2023-04-027; CA2023-04-028Juvenile court erred by not mandatorily binding over appellees to the general division of the court of common pleas pursuant to R.C. 2152.12(A)(1)(a)(i) where there was probable cause to believe appellees were complicit in committing murder and aggravated murder. Reversed and remanded.HendricksonClermont 4/1/2024 4/1/2024 2024-Ohio-1233
Batsche v. Batsche CA2023-08-051The trial court properly denied Plaintiffs' motions for summary judgment, directed verdict, and judgement notwithstanding the as to their tortious interference with inheritance claim where the Plaintiffs relied exclusively on the presumption that where a fiduciary relationship exists between a donor and donee, undue influence occurred. Additionally, defendant presented evidence that the donor was of sound mind before his death despite his physical decline. Plaintiffs' assignments of error as to their conversion claim are moot or harmless because jury found in their favor as to their primary claim of civil theft. It was error for the trial court to deny Plaintiffs treble damages as to their civil theft claim because R.C. 2307.61 gives the trial court no discretion to do so if the Plaintiffs properly elected to pursue treble damages, overruling Justice v. Justice, 12th Dist. Butler No. CA2004-03-074, 2005-Ohio-1802. WITH Dissenting Opinion.S. PowellClermont 4/1/2024 4/1/2024 2024-Ohio-1234
Canter v. Kingdomwork, L.L.C. CA2023-05-049The trial court properly granted defendant summary judgment where the defendant presented evidence that the sign complied with zoning regulations at the time it was constructed and is thus considered legally nonconforming under the Middletown Development Code. In addition, Plaintiff's argument that the sign was not constructed in conformance with the certificate amounts to mere speculation. Nothing in the record remotely speaks to or supports the assertion.PiperButler 4/1/2024 4/1/2024 2024-Ohio-1231
State v. Jarrett CA2023-09-101Anders no error.Per CuriamButler 4/1/2024 4/1/2024 2024-Ohio-1232
State v. Redden CA2023-09-106Trial court erred in convicting defendant of domestic violence because there was insufficient evidence to prove he knowingly caused physical harm to the mother of his child.M. PowellButler 3/25/2024 3/25/2024 2024-Ohio-1088
State v. Johnson CA2023-10-112Appellant's no contest plea to one count of first-degree misdemeanor receiving stolen property was knowingly, intelligently, and voluntarily entered where the trial court properly advised appellant as to the effect of a no contest plea in accordance with Crim.R. 11(E) and the trial court's recitation of the facts satisfied the explanation-of-circumstances requirement set forth by R.C. 2937.07.S. PowellButler 3/25/2024 3/25/2024 2024-Ohio-1089
S.E. v. Edelstein CA2023-08-064The trial court did not err by granting appellee's pro se Civ.R. 12(B)(6) motion to dismiss where appellants' alleged claims of breach of contract, loss of consortium, and intentional interference with a contract were, in actuality, claims alleging a breach of a promise to marry or alienation of affection, amatory claims that were abolished by R.C. 2305.29.S. PowellWarren 3/25/2024 3/25/2024 2024-Ohio-1090
In re A.V. CA2023-08-067The juvenile court did not err by granting permanent custody of appellants' four children to appellee, a local county's children services agency, where the juvenile court's decision complied with the necessary statutory requirements for granting permanent custody and was in the children's best interest.S. PowellWarren 3/25/2024 3/25/2024 2024-Ohio-1091
Bettman v. JDH Bldg. Group, L.L.C. CA2023-11-096The trial court erred by denying a motion for a preliminary injunction without a hearing where the trial court considered only one factor of the relevant analysis. No single element on consideration of a motion for a preliminary injunction is dispositive. Moreover, the trial court's denial of the preliminary injunctive relief then served as an inappropriate basis for rending the discovery dispute moot.PiperWarren 3/25/2024 3/25/2024 2024-Ohio-1092
Wagoner v. Wagoner CA2023-06-048, CA2023-11-101Mother appeals order denying contempt motion against Father and granting Father's motion to modify the shared parenting plan. Magistrate applied the correct standard in assessing whether a parent should be held in contempt for failing to facilitate the other parent's parenting time. Mother argued that court erred by failing to find a change of circumstance before modifying shared parenting plan. Change-of-circumstance finding only required for modifying the shared parenting decree and specifically with respect to a change in custodial parent.ByrneWarren 3/18/2024 3/18/2024 2024-Ohio-1000
Mundy v. Centrome, Inc. CA2023-06-050The trial court erred by imposing sanctions under Civ.R. 37(C) where neither the trial court's findings nor the record evidence shows a violation of the Civ.R. 26(E) duty to supplement discovery responses.S. PowellWarren 3/18/2024 3/18/2024 2024-Ohio-1001
Shamrock Restoration, L.L.C. v. Muncy CA2023-07-056Trial court did not err in granting summary judgment to a contractor where pro se property owner did not file a response to the contractor's motion for summary judgment.M. PowellWarren 3/18/2024 3/18/2024 2024-Ohio-1002
State v. Kyles CA2023-07-083The trial court did not err by denying a petition for postconviction relief filed pursuant to R.C. 2953.21(A)(1)(a)(i) without first holding a hearing where, although the trial court misapplied the doctrine of res judicata, the petition did not provide sufficient evidence to establish substantive grounds for relief that would have required the trial court hold a hearing on appellant's petition.S. PowellButler 3/18/2024 3/18/2024 2024-Ohio-998
State v. Davis CA2023-10-070Anders no error.Per CuriamClermont 3/18/2024 3/18/2024 2024-Ohio-999
State v. Agnew CA2023-05-054Appellant's convictions for assault were not against the manifest weight of the evidence where the state proved beyond a reasonable doubt that appellant did not act in self-defense when he sprayed pepper spray into the victims' faces. Appellant cannot provoke an assault or voluntarily enter an encounter and then claim a right of self-defense.PiperButler 3/11/2024 3/11/2024 2024-Ohio-874
Baker v. Bunker Hill Haven Home CA2023-08-095The trial court did not err in granting summary judgment to appellee, a group home for wayward boys, where appellant, the administrator of her late son's estate, failed to establish a genuine issue of material fact existed that could subject appellee to liability for negligent supervision under a theory of in loco parentis.S. PowellButler 3/11/2024 3/11/2024 2024-Ohio-875
Total Quality Logistics, L.L.C. v. All Pro Logistics, L.L.C. CA2022-11-078; CA2022-12-082Trial court erred by sua sponte dismissing the claims with prejudice. The opposing party in this case did not file a motion to dismiss or a motion for summary judgment. In addition, it is unclear whether the trial court dismissed the claims under the Civ.R. 12(B) standard of dismissal or granted summary judgment under the Civ.R. 56 standard. However, the trial court did not err in granting summary judgment in favor of logistics company where the record shows that it established a Carmack Amendment claim by virtue of an assignment of rights from its customer.PiperClermont 3/4/2024 3/4/2024 2024-Ohio-772
In re J.S. CA2023-01-006Mother appeals decision adjudicating newborn son dependent. Children service's agency submitted clear and convincing evidence of circumstances giving rise to a legitimate risk of harm to the son if left in Mother's care. Mother had an active children services case, history of drug abuse, lacked suitable housing, and had not resolved issues leading to her other children's removal.ByrneClermont 3/4/2024 3/4/2024 2024-Ohio-773
Lazor v. Souders CA2023-10-080Trial court did not err in issuing a civil stalking protection order against respondent; but trial court erred in imposing a firearm restriction for the duration of the order.M. PowellWarren 3/4/2024 3/4/2024 2024-Ohio-774
State v. Crawford CA2023-04-022Trial court did not err in denying defendant's request for a self-defense jury instruction in a murder case.M. PowellClermont 2/26/2024 2/26/2024 2024-Ohio-691
In re Guardianship of LaRue CA2023-08-060Probate court failed to hold a hearing on guardian's final account as mandated by R.C. 2109.32, thereby depriving nursing home of the opportunity to file exceptions to the account pursuant to R.C. 2109.33. Reversed and remanded.PiperClermont 2/26/2024 2/26/2024 2024-Ohio-692
State v. Marshall CA2023-03-036Defendant convicted of multiple counts of rape appeals from his conviction.ByrneButler 2/26/2024 2/26/2024 2024-Ohio-688
State v. Casey CA2023-07-075Appellant's conviction of fourth-degree misdemeanor domestic violence in violation of R.C. 2919.25(C) was supported by sufficient evidence and not against the manifest weight of the evidence where the victim's testimony, if believed, was sufficient to establish all the essential elements of the crime.S. PowellButler 2/26/2024 2/26/2024 2024-Ohio-689
Sawyer v. Raney CA2023-07-079The domestic relations court did not err by dismissing appellant/cross-appellee's motion to modify spousal support where the domestic relations court's general reservation of jurisdiction over the issue was not done in accordance with R.C. 3105.18(E)(2), nor did the domestic relations court err by denying appellee/cross-appellant's motion for attorney fees where that decision did not constitute an abuse of discretion.S. PowellButler 2/26/2024 2/26/2024 2024-Ohio-690
State v. Sbarbati CA2023-07-076The trial court did not err by failing to consider and decide whether appellant had a present or future ability to pay a mandatory fine imposed pursuant to R.C. 2929.19(B)(1) where the trial court specifically stated it had done so within its judgment entry, nor did appellant receive ineffective assistance of counsel due to his trial counsel's failure to file an affidavit of indigency where the record did not support appellant's claim that there was a reasonable probability the trial court would have found him indigent and unable to pay that fine had his trial counsel filed the necessary affidavit.S. PowellButler 2/20/2024 2/20/2024 2024-Ohio-622
State v. Rush CA2023-09-062The trial court properly imposed postrelease control.M. PowellClermont 2/20/2024 2/20/2024 2024-Ohio-620
State v. James CA2022-12-091The trial court's decision that the state disproved beyond a reasonable doubt that appellant did not act in self-defense is not against the manifest weight of the evidence where the testimony at trial proved that appellant did not have a reasonable or honest belief that he was in imminent danger at the time he threatened the victim. Likewise, appellant's conviction for aggravated menacing is not against the manifest weight of the evidence where the testimony at trial established that appellant knew he would probably cause the victim to believe he would seriously harm her by ordering her to stay on the ground, after threatening to shoot her in the face, and continued to point a firearm in her direction.HendricksonClermont 2/20/2024 2/20/2024 2024-Ohio-621
In re C.L. CA2023-03-004Father appeals from decision granting legal custody to maternal grandparents. Father alleged ineffective assistance of counsel but Father's arguments were entirely speculative. Father failed to demonstrate abuse of discretion in legal custody decision. Father failed to make progress on case plan despite having 17 months to do so following release from prison.ByrnePreble 2/20/2024 2/20/2024 2024-Ohio-616
Petroni v. Petroni CA2023-01-003; CA2023-01-004Trial court did not err in denying Father's motion to modify his spousal and child support payments as his income did not substantially change. Trial court did not err by not finding Mother in contempt as Father failed to meet his burden of proof that she had interfered in his allotted parenting time. Trial court erred by finding Father was subject to a ten-day suspended jail sentence for a previous contempt sanction that had already been purged. Mother did not cross-appeal on basis that the trial court did not find Father engaged in frivolous conduct, therefore R.C. 2323.51 was inapplicable and Mother's claim for additional attorney's fees was waived.M. PowellWarren 2/20/2024 2/20/2024 2024-Ohio-615
State v. Smith CA2023-05-041Defendant's conviction for sexual imposition was supported by the manifest weight of the evidence where testimony and video footage showed defendant repeatedly touched the victim on or about her breast as she backed away from defendant and until she used her own hand to remove defendant's hand, where defendant then used his backside to nudge the victim toward the wall, where the two were mere acquaintances, and where defendant exclaimed he owed the victim an apology after being confronted with security camera footage. Additionally, no prosecutorial misconduct occurred where the prosecutor's characterization of defendant's conduct was consistent with the victim's testimony or where the prosecutor's closing arguments, in their entirety, consistently asked the jury to also consider the surrounding circumstances of the case when determining defendant's guilt.PiperWarren 2/12/2024 2/12/2024 2024-Ohio-497
State v. Buckley CA2023-08-008Appellant's pleas of no contest to single counts of aggravated vehicular homicide and aggravated vehicular assault were knowingly, intelligently, and voluntarily entered where the trial court complied with the requirements for accepting pleas of no contest set forth under Crim.R. 11(C).S. PowellPreble 2/12/2024 2/12/2024 2024-Ohio-499
State v. Shaw CA2023-06-011Appellant's conviction for voyeurism was supported by sufficient evidence and was not against the manifest weight of the evidence where the state proved appellant, with the intent to view the private areas of another, hid a Ring camera in his bathroom and recorded the buttocks and pubic area of a home-health aide. The trial court complied with the dictates of Crim.R. 32(A) and afforded appellant the right to allocution at sentencing as appellant was personally addressed by the court and permitted to read a statement and present any evidence in support of mitigation of punishment.HendricksonFayette 2/12/2024 2/12/2024 2024-Ohio-506
State v. Harrop CA2022-12-016; CA2022-12-017Defendant appeals sentence that included a sentencing enhancement of remaining time on postrelease control. Defendant argued that the court erred in calculating his time remaining on postrelease control. Record reflected that the department of corrections, not trial court, calculated time remaining. Defendant failed to cite any evidence substantiating claim of inaccurate calculation.ByrneFayette 2/12/2024 2/12/2024 2024-Ohio-507
Baise v. Puckett CA2023-05-008The trial court's finding of an implied contract was not against the manifest weight of the evidence where roofer provided quotes for services (which were not signed by the customer), payment was made to the roofer, and the roofer began providing the quoted services. While the roofer incorrectly asserted in his complaint that he had a written contract with his customer, the complaint still put his customer on notice of the nature of the action and the roofer's claim to relief of money damages for services provided. The record also reflected the parties never questioned the nature of their dispute and claims to relief.HendricksonClinton 2/12/2024 2/12/2024 2024-Ohio-508
In re B.S. CA2023-11-073The juvenile court did not err in granting permanent custody of child to the children services agency where Mother's failure to progress in her own mental health treatment prevented her from establishing a healthy parent-child relationship and providing the necessary attention for child's extensive medical and developmental problems.ByrneClermont 2/12/2024 2/12/2024 2024-Ohio-509
State v. Brannon CA2023-06-042The trial court did not err by denying appellant's pro se motion requesting additional days of jail-time credit for the time appellant spent at a non-lockdown facility as part of community control sanctions imposed upon him following his guilty plea to one count of third-degree felony burglary where the time appellant spent at that facility did not constitute "confinement" for purposes of R.C. 2967.191(A).S. PowellClermont 2/12/2024 2/12/2024 2024-Ohio-510
Chamberlain v. Ohio Dept. of Job & Family Servs. CA2023-05-032Appellant's application for long term care Medicaid was appropriately denied where the record reflects that the applicant had excess resources and failed to provide the agency with the necessary verifications.PiperClermont 2/12/2024 2/12/2024 2024-Ohio-511
State v. O'Neill CA2024-01-004Trial court erred in disclosing the victim's medical records to counsel for the parties without conducting a privacy analysis and then a weighing of the victim's rights against the defendant's rights as required by R.C. 2930.071(A)(3) and (4).M. PowellButler 2/9/2024 2/9/2024 2024-Ohio-485
State v. Downing CA2023-04-044Within the context of a guilty plea, a presentence interview with a probation officer is not a critical stage in which a defendant's right to counsel attaches under the Sixth Amendment to the United States Constitution or under Section 10, Article I of the Ohio Constitution. The probation officer conducting the PSI interview is not acting on behalf of the state, but rather, is acting as a neutral information gatherer for the sentencing judge. Appellant was not subject to a custodial interrogation and was not compelled by the threat of arrest or some other penalty that foreclosed his right to remain silent during the presentence investigation interview. Appellant waived his constitutional right against self-incrimination during the PSI interview process when he voluntarily answered the probation officer's questions regarding the circumstances surrounding the sexual battery offenses. The trial court did not delegate its sentencing authority to the PSI writer and appellant's sentence was not contrary to law.HendricksonButler 2/5/2024 2/5/2024 2024-Ohio-381
State v. Warnock CA2023-02-001The constitutional guarantee of a fair trial does not necessarily mean a trial free of all error. Even if the trial court admitted some improper hearsay, not every error requires that a conviction be vacated, or a new trial granted. In this case, there was no impact on the verdict, any such error was harmless beyond a reasonable doubt, and the remaining evidence clearly established appellant's guilt beyond a reasonable doubt. In addition, appellant failed to prove error, much less plain error, with regard to his claims of prosecutorial misconduct and improper jury instructions.PiperMadison 2/5/2024 2/5/2024 2024-Ohio-382
State v. Jennings CA2023-03-003Offender's conviction for gross sexual imposition was not against the manifest weight of the evidence. Trial court did not err in admitting the victim's forensic interview under R.C. 801(D)(1)(b).M. PowellPreble 2/5/2024 2/5/2024 2024-Ohio-383
Ostigny v. Brubaker CA2023-03-026Pro se appellants appeal decision denying breach of contract claim. Court did not abuse discretion denying request for continuance. Court provided sufficient time to present case and offered ability to file post-trial affidavits, which appellants declined.ByrneWarren 2/5/2024 2/5/2024 2024-Ohio-384
Guzzetta v. Guzzetta CA2023-06-064; CA2023-07-084The trial court did not err by granting appellee's motion for summary judgment on appellants' claims alleging a breach of contract and breach of good faith and fair dealing where appellants failed to demonstrate the existence of a genuine issue of material fact in this case arising out of the alleged interference with the appellants' inheritance.S. PowellButler 1/29/2024 1/29/2024 2024-Ohio-294
State v. Agnew CA2022-12-118Defendant appeals domestic violence conviction. Sufficient evidence presented that defendant and victim resided together. Court did not plainly err by failing to consider self-defense. No evidence presented that tended to support conclusion that defendant acted in self-defense.ByrneButler 1/29/2024 1/29/2024 2024-Ohio-295