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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Stuckey
| 4-22-04 | In order to establish an ineffective assistance of counsel claim, the appellant must prove that his trial counsel's performance was deficient and that this deficient performance operated to prejudice the appellant. In order to establish prejudice, the appellant must demonstrate that, in the absence of defense counsel's errors, there is a reasonable probability that the outcome of the proceeding would have been different. | Willamowski | Defiance |
11/21/2022
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11/21/2022
| 2022-Ohio-4145 |
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Findlay v. Martens
| 5-22-05 | SUMMARY JUDGMENT; SOVEREIGN IMMUNITY; VOLUNTARY DISMISSAL | Per Curiam | Hancock |
11/21/2022
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11/21/2022
| 2022-Ohio-4146 |
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Lengacher Holdings, L.L.C. v. Witmer
| 11-22-03 | The trial court did not abuse its discretion by denying defendant-appellant's motion for leave to file his answer out of time. | Miller | Paulding |
11/21/2022
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11/21/2022
| 2022-Ohio-4147 |
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Herman v. Herman
| 12-22-01 | Competent, credible evidence supports the trial court's determination that appellee/cross-appellant did not transform her separate property into marital property by gifting appellant/cross-appellee an interest in the property. Competent, credible evidence supports the trial court's valuation of the parties' vehicle. Application of the law of the case doctrine overcome where mistake in a previous appellate decision on marital property was within concept of manifest injustice. Further, because deviation from the law of the case results in a change to the distribution of marital assets, the trial court is directed to revisit the issue of spousal support on remand. The trial court erred by failing to address certain videos and photographs in its final judgment entry. | Per Curiam | Putnam |
11/21/2022
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11/21/2022
| 2022-Ohio-4148 |
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State v. Patton
| 16-22-01 | As there was an adequate explanation of the circumstances of defendant-appellant's OVI offense, the trial court did not err by finding defendant-appellant guilty pursuant to her no-contest plea. | Miller | Wyandot |
11/21/2022
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11/21/2022
| 2022-Ohio-4149 |
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State v. Blessett
| 16-22-04 | Where jointly recommended sentence was imposed by the trial court and was not contrary to law, defendant could not challenge sentence by statute. Appropriate findings were made to impose sentence consecutive to sentence from another county. | Shaw | Wyandot |
11/21/2022
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11/21/2022
| 2022-Ohio-4151 |
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State v. Day
| 1-22-32 | The indefinite sentencing provisions of the Reagan Tokes Law do not violate the separation-of-powers doctrine or infringe upon defendant-appellant's right of due process or right to a jury trial. | Miller | Allen |
11/14/2022
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11/15/2022
| 2022-Ohio-4064 |
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State v. Brown
| 1-22-36 | The indefinite sentencing provisions of the Reagan Tokes Law do not violate the separation-of-powers doctrine or infringe upon defendant-appellant's right of due process or right to a jury trial. | Miller | Allen |
11/14/2022
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11/15/2022
| 2022-Ohio-4065 |
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State v. Ohler
| 3-22-23 | Plea was knowingly, intelligently, and voluntarily entered after the trial court fully explained what would happen at sentencing if appellant violated the terms of her bond. Trial court's judgment sentencing appellant to prison rather than imposing community control was not subject to review when appellant argues that the sentence was not supported by R.C. 2929.11 and 2929.12. | Willamowski | Crawford |
11/14/2022
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11/15/2022
| 2022-Ohio-4066 |
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State v. Givens
| 5-21-33, 5-21-34 | The Reagan Tokes Law does not violate the separation of powers doctrine or the right to equal protection. | Willamowski | Hancock |
11/14/2022
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11/15/2022
| 2022-Ohio-4067 |
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State v. Wyne
| 8-22-06, 8-22-07 | Defendant-appellant's sentence is not clearly and convincingly contrary to law. | Miller | Logan |
11/14/2022
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11/15/2022
| 2022-Ohio-4068 |
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State v. West
| 13-22-07 | Because the defendant-appellant’s sentence is within the sentencing range and the trial court considered the purposes and principles of felony sentencing set forth under R.C. 2929.11 and 2929.12, her sentence is not contrary to law. The trial court’s order of restitution and order that the defendant-appellant pay the costs of prosecution is not contrary to law. | Zimmerman | Seneca |
11/14/2022
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11/15/2022
| 2022-Ohio-4069 |
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In re R.H
| 3-22-18; 3-22-19; 3-22-20 | Where "review hearing" was sua sponte converted into legal custody hearing without notice to the parents and without a motion filed for legal custody, award of legal custody based on unsworn statements was erroneous. | Shaw | Crawford |
11/7/2022
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11/7/2022
| 2022-Ohio-3961 |
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State v. Eddy
| 1-22-17 | The State has the burden of proof where the affirmative defense of self-defense is properly raised. To carry this burden, the State need only disprove one element of self-defense. Evaluations of the amount of force used by the accused can be relevant in determining whether self-defense through non-deadly force is applicable in a case. | Willamowski | Allen |
11/7/2022
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11/7/2022
| 2022-Ohio-3965 |
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State v. Houston
| 1-21-52 | By pleading no contest, defendant-appellant waived his right to challenge on appeal the trial court's in limine ruling. | Shaw | Allen |
10/31/2022
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10/31/2022
| 2022-Ohio-3869 |
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State v. Coronado
| 1-22-07 | Conviction for R.C. 2941.145 firearm specification was supported by sufficient evidence and not against the manifest weight of the evidence. | Shaw | Allen |
10/31/2022
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10/31/2022
| 2022-Ohio-3870 |
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State v. Godsey
| 01-22-25 | The trial court did not err in its determination of the amount of jail-time credit under R.C. 2929.19(B)(2)(g)(i). Judgment affirmed. | Zimmerman | Allen |
10/31/2022
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10/31/2022
| 2022-Ohio-3871 |
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State v. Collins
| 1-22-29 | There is not clear and convincing evidence that the record does not support defendant-appellant's sentence or that his sentence is otherwise contrary to law. The trial court properly imposed consecutive sentences under R.C. 2929.14(C)(4). | Zimmerman | Allen |
10/31/2022
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10/31/2022
| 2022-Ohio-3872 |
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State v. Thomason
| 1-22-33 | Reagan Tokes Act. | Shaw | Allen |
10/31/2022
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10/31/2022
| 2022-Ohio-3873 |
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Balister v. C*Mac Transp., L.L.C.
| 2-22-06 | The trial court did not err by granting defendant motor carrier lessee’s motion for directed verdict after opening statement with respect to plaintiffs’ federal statutory and breach of contract claims. The trial court did not err by granting defendant towing company’s motion for directed verdict after opening statement with respect to its quasi-contract counterclaim against plaintiff owner-operator lessor. However, the trial court did err by granting defendant towing company’s motion for directed verdict after opening statement with respect to individual plaintiff’s personal liability in quasi-contract to defendant towing company. | Miller | Auglaize |
10/31/2022
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10/31/2022
| 2022-Ohio-3874 |
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State v. Bell
| 3-22-11 | Community Control - Due process; Jail-time credit - R.C. 2929.19(B)(2)(g)(i); Judicial Release - R.C. 2929.20(K). | Shaw | Crawford |
10/31/2022
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10/31/2022
| 2022-Ohio-3876 |
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State v. Risner
| 6-21-12 & 6-21-13 | Defendant-appellant's violating-a-protection-order convictions are supported by sufficient evidence. Defendant-appellant's violating-a-protection-order convictions are not against the manifest weight of the evidence. Defendant-appellant did not receive ineffective assistance of trial counsel. | Miller | Hardin |
10/31/2022
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10/31/2022
| 2022-Ohio-3877 |
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State v. Risner
| 8-21-47 | Convictions for engaging in a pattern of corrupt activity and theft were supported by the evidence and were not against the weight of the evidence. Trial court did not abuse its discretion in providing a jury instruction on "consciousness of guilt/flight" and introduction of business records, even if they were not properly authenticated, did not materially prejudice Risner. | Shaw | Logan |
10/31/2022
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10/31/2022
| 2022-Ohio-3878 |
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State v. Shuff
| 13-22-06 | The trial court did not err by denying defendant-appellant’s motion to suppress. Judgment affirmed. | Zimmerman | Seneca |
10/31/2022
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10/31/2022
| 2022-Ohio-3880 |
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State v. Lane
| 01-21-33 | Defendant-appellant's possession-of-drugs convictions and associated firearm specifications are supported by sufficient evidence. Defendant-appellant's possession-of-drugs convictions are not against the manifest weight of the evidence. The trial court did not abuse its discretion by declining to remove a juror who disclosed a relationship with a member of defendant-appellant's family. Plaintiff-appellee's improper comments during closing statements do not constitute plain error. The trial court did not abuse its discretion by issuing a jury instruction on complicity. Plaintiff-appellee did not breach an enforceable plea agreement. Defendant-appellant did not receive ineffective assistance of trial counsel. Defendant-appellant's sentences are neither unsupported by the record nor contrary to law. | Miller | Allen |
10/24/2022
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10/24/2022
| 2022-Ohio-3775 |
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State v. Solomon
| 3-22-08 | Trial court erred by failing to advise the defendant regarding post-release control at the hearing in which a prison term was imposed. Since appellant was challenging the failure on direct appeal, the sentence is reversed and the matter remanded to the trial court for further proceedings. | Willamowski | Crawford |
10/24/2022
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10/24/2022
| 2022-Ohio-3776 |
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State v. Bolin
| 6-22-02 | Defendant's Alford Plea was knowingly, intelligently and voluntarily entered and trial court properly reviewed with the defendant the reasons for the plea. Sentence imposed pursuant to the "Reagan Tokes Law" was constitutional. Trial court did not err in imposing a prison sentence. | Willamowski | Hardin |
10/24/2022
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10/24/2022
| 2022-Ohio-3777 |
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State v. Elliott
| 8-21-35 | When considering a conviction under the manifest weight standard, appellate courts are to weigh the evidence and consider its credibility. Constitutional challenges to the Reagan Tokes Law are ripe for review. Further, to prove a firearm specification, the State must provide some evidence that the gun was operable. | Willamowski | Logan |
10/24/2022
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10/24/2022
| 2022-Ohio-3778 |
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In re G.R.
| 13-22-03 | Trial court did not err in denying the mother's motion to either dismiss the complaint or hold it in abeyance. Trial court did not err in denying the motion for a continuance. Trial court's determination that child was an abused, neglected, and dependent child was not against the manifest weight of the evidence. Trial court did not err in admitting exhibits. Father was not denied the effective assistance of counsel. | Willamowski | Seneca |
10/24/2022
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10/24/2022
| 2022-Ohio-3779 |
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New Technology Products Pty, Ltd. v. Scotts Miracle-Gro Co.
| 14-21-22 | R.C. 1333.66 provides a four-year statute of limitations for claims. The discovery rule governs when the statute of limitations, under R.C. 1333.66, begins to run. | Willamowski | Union |
10/24/2022
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10/24/2022
| 2022-Ohio-3780 |
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In re L.W.
| 16-22-03 | Statement of understanding was properly filed in the record and trial court did not abuse its discretion by awarding paternal grandmother legal custody of child. | Shaw | Wyandot |
10/17/2022
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10/17/2022
| 2022-Ohio-3696 |
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State v. Allen
| 1-21-59 | Record did not demonstrate that pleas were anything other than knowing, intelligent, and voluntary. The record contains no evidence of a conflict of interest and challenges to Reagan Tokes Law overruled under our prior precedent. | Shaw | Allen |
10/11/2022
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10/11/2022
| 2022-Ohio-3599 |
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State v. Benedict
| 3-21-08 | The trial court did not err by denying defendant-appellant’s motion to sever. The trial court did not err in its evidentiary determinations regarding bias or motive to misrepresent. The trial court did not err by denying defendant-appellant’s motion to determine the reliability of the complaining witness since it ultimately involved a credibility determination reserved for the trier of fact. Defendant-Appellant did not receive ineffective assistance of counsel. Judgment affirmed. | Zimmerman | Crawford |
10/11/2022
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10/11/2022
| 2022-Ohio-3600 |
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State v. Mofford
| 3-22-04 | Defendant-appellant's sentence is not clearly and convincingly contrary to law. | Miller | Crawford |
10/11/2022
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10/11/2022
| 2022-Ohio-3601 |
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State v. Thompson
| 3-22-06 | Conviction for possession of fentanyl was supported by the evidence and was not against the weight of the evidence. In addition, Thompson's sentence was not contrary to law, he did not demonstrate that he received ineffective assistance of counsel, and he did not demonstrate how Crim.R. 26 would have impacted this case. Further, the cumulative error doctrine was not applicable. | Shaw | Crawford |
10/11/2022
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10/11/2022
| 2022-Ohio-3602 |
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State v. Carpenter
| 3-22-09 | R.C. 2929.15(C) allows a trial court to modify a sanction where the subject offender has, for a significant period of time, fulfilled the conditions of a sanction imposed under R.C. 2929.16, R.C. 2929.17, or R.C. 2929.18. | Willamowski | Crawford |
10/11/2022
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10/11/2022
| 2022-Ohio-3603 |
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State v. Bloom
| 3-22-17 | Trial court erred by accepting guilty plea without first advising defendant of State's burden to prove him guilty beyond a reasonable doubt at a trial. | Willamowski | Crawford |
10/11/2022
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10/11/2022
| 2022-Ohio-3604 |
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State v. Shoaf
| 5-21-21 & 5-21-22 | Trial court did not err in denying suppression motion regarding a traffic stop. Convictions for leaving the scene of an accident and OVI, inter alia, were not against manifest weight of the evidence. Trial court did not abuse its discretion by denying motion for mistrial. Appellant failed to demonstrate her trial counsel was ineffective. | Shaw | Hancock |
10/11/2022
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10/11/2022
| 2022-Ohio-3605 |
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State v. Newman
| 6-22-04 | Because defendant-appellant's sentence was recommended jointly and authorized by law, defendant-appellant's sentence was not subject to review. The trial court did not abuse its discretion by imposing the remainder of defendant-appellant's post-release control as a prison term. | Miller | Hardin |
10/11/2022
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10/11/2022
| 2022-Ohio-3607 |
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State v. Morris
| 7-21-05 | The trial court did not err by admitting defendant-appellant's written assertions, which did not constitute evidence of other crimes, wrongs, or acts under Evid.R. 404(B). The trial court did not err by admitting a lay witness’s out-of-court identification. Defendant-appellant’s burglary and menacing-by-stalking convictions are based on sufficient evidence and are not against the manifest weight of the evidence. Defendant-appellant's challenges to Reagan Tokes Law are rejected based upon our prior precedent. Judgment affirmed. | Zimmerman | Henry |
10/11/2022
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10/11/2022
| 2022-Ohio-3608 |
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State v. Guerra
| 12-22-05 | The defendant-appellant's conviction is based upon sufficient evidence and is not against the manifest weight of the evidence. The judgment of the trial court is affirmed. | Zimmerman | Putnam |
10/11/2022
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10/11/2022
| 2022-Ohio-3609 |
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State v. Stokley
| 3-22-07 | Because a trial court is limited to reimposing the remainder of a defendant-appellant's original sentence when the defendant-appellant's judicial release is revoked, the defendant-appellant's argument that the trial court was required to fully consider the principles and purposes of felony sentencing under R.C. 2929.11 and 2929.12 as if it were sentencing him anew is misplaced. | Zimmerman | Crawford |
10/11/2022
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10/13/2022
| 2022-Ohio-3647 |
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Flack v. Avita Health Sys.
| 3-22-03 | The trial court did not err by granting summary judgment in favor of defendant-appellee. | Miller | Crawford |
10/3/2022
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10/3/2022
| 2022-Ohio-3517 |
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State v. Starbird
| 6-21-08 | The conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. Jury was not required to make inferences upon inferences as there was separate evidence to support each inference. Evidence Rule 601 requirement that medical expert have an active clinicla practice does not apply in criminal cases as the language of the rule restricts it to matters of civil liability in medical claim cases. | Willamowski | Hardin |
10/3/2022
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10/3/2022
| 2022-Ohio-3518 |
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State v. Morrissey
| 6-22-06 | The Reagan Tokes Law does not violate the right to trial by jury or procedural due process rights. Under the doctrine of the law of the case, a trial court, on remand, is not free to disregard the instructions of the reviewing court. | Willamowski | Hardin |
10/3/2022
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10/3/2022
| 2022-Ohio-3519 |
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State v. Nelson
| 6-22-07 | Criminal law - Court-appointed-counsel fees--R.C. 2941.51(D); sex offenders - verification of current address--R.C. 2950.06 | Shaw | Hardin |
10/3/2022
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10/3/2022
| 2022-Ohio-3520 |
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State v. Lilly
| 8-22-13 | Trial court did not err in denying motion to suppress based upon continuation of the stop when officer testified to smelling the odor of an alcoholic beverage about the driver, slurred speech, sluggish movements, and an admission of drinking. This justified extending the stop to perform field sobriety tests. The trial court erred by finding the defendant guilty of an OVI with Refusal when the defendant was not charged with refusing the BAC test and actually performed the test in such a manner as to yield a valid result. | Willamowski | Logan |
10/3/2022
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10/3/2022
| 2022-Ohio-3521 |
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State v. Sims
| 13-21-14 | The trial court did not abuse its discretion by determining that defendant/appellant was not competent to stand trial. The defendant/appellant had sufficient knowledge of the particular facts and circumstances of his individual case and possessed sufficient competence to understandingly and wisely waive representation by counsel. The trial court did not err by retaining jurisdiction over defendant/appellant and committing him to Twin Valley Behavioral Healthcare-Moritz. The trial court erred by imposing consecutive terms of involuntary commitment in violation of R.C. 2945.401(J)(1). | Zimmerman | Seneca |
9/26/2022
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9/26/2022
| 2022-Ohio-3365 |
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State v. Lucas
| 1-21-53, 1-21-54, 1-21-55 | Defendant-appellant's involuntary-manslaughter and possession-of-drugs convictions are supported by sufficient evidence. Defendant-appellant's involuntary-manslaughter and possession-of-drugs convictions are not against the manifest weight of the evidence. The trial court did not abuse its discretion by joining the three indictments for purposes of a single trial. | Miller | Allen |
9/19/2022
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9/19/2022
| 2022-Ohio-3278 |
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State v. Fenter
| 11-22-01 | The trial court did not err by denying defendant-appellant's motion to suppress evidence. | Miller | Paulding |
9/19/2022
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9/19/2022
| 2022-Ohio-3279 |
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