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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Pasterchik 1-22-50, 1-22-51Motion to Suppress Evidence; Custodial Interrogation; Sufficiency of Evidence; Manifest Weight; Involuntary Manslaughter; Corrupting Another With Drugs; Ineffective Assistance of Counsel. The trial court did not err by denying defendant-appellant's motions to suppress evidence. Defendant-appellant's involuntary-manslaughter and corrupting-another-with-drugs convictions are supported by sufficient evidence and are not against the manifest weight of the evidence. Defendant-appellant failed to demonstrate that he received ineffective assistance of counsel.MillerAllen 11/27/2023 11/27/2023 2023-Ohio-4252
In re Estate of Goode 9-23-12Third-Party Beneficiary; Incidental Beneficiary; Enforcement of Contract. Non-party to a contract may only enforce a contract if they are an intended third-party beneficiary. If merely an incidental beneficiary, there is no right to enforce the contract.WillamowskiMarion 11/27/2023 11/27/2023 2023-Ohio-4253
Estate of Myers v. Healthcare Ventures of Ohio, L.L.C. 11-23-04Arbitration; R.C. 2711; Enforcement of Agreement; Hearings. Trial court held a hearing and did not err by not holding a second hearing when the record does not show that a second hearing was required or requested. Trial court's denial of motion to stay proceedings and compel arbitration was supported by competent credible evidence and was not against the manifest weight of the evidence.WillamowskiPaulding 11/27/2023 11/27/2023 2023-Ohio-4254
State v. Dendinger 13-23-11Merger; R.C. 2941.25; Allied Offenses; Consecutive Sentences; Ineffective Assistance of Counsel. The state legislature has evinced its general intentions regarding the imposition of multiple punishments in R.C. 2941.25. Where the intentions of the state legislature are clear, we have no need to apply the Blockburger test to discern legislative intent. The failure to raise meritless issues does not constitute deficient performance.WillamowskiSeneca 11/27/2023 11/27/2023 2023-Ohio-4255
State v. Dingledine 14-23-06Restitution; Economic Loss; R.C. 2929.18. The trial court did not err in ordering Defendant-Appellant to make restitution to the crime victim in the amount of the victim's unpaid medical bills incurred as a result of the commission of the offense. Such medical costs qualify as the victim's economic loss under R.C. 2929.18(A)(1).MillerUnion 11/27/2023 11/27/2023 2023-Ohio-4256
Columbia Gas of Ohio, Inc. v. Holloway 14-23-18, 14-23-19, 14-23-20, 14-23-21, 14-23-22, 14-23-23, 14-23-24, 14-23-25R.C. 163.09(B)(1)(B); Easement Appropriation. Trial court did not err by determining that landowners did not overcome rebuttal presumption of necessity of easement appropriations. Further, trial court made specific findings with regard to each challenged easement term.WaldickUnion 11/27/2023 11/27/2023 2023-Ohio-4257
State ex. rel. Chatman v. Galion Police Dept. 9-22-48R.C. 149.43; Public Records. The complaint for writ of mandamus is granted in part; statutory damages and court costs awarded to Relator.Per CuriumMarion 11/20/2023 11/20/2023 2023-Ohio-4177
Werkowski v. EDP Renewables N. Am., L.L.C. 11-23-06Motion to Dismiss; Wrongful Termination in Violation of Public Policy Claim; Jeopardy Element. To establish a wrongful termination in violation of public policy claim, the plaintiff must establish that a clear public policy would be jeopardized by allowing an employee to be dismissed under circumstances like those present in the instant case. In House v. Iacovelli, the Ohio Supreme Court drew a distinction between public policies that protect governmental interests and those that protect the substantive rights of employees. Courts must determine whether and identified public policy is adequately protected by existing statutory remedies.WillamowskiPaulding 11/20/2023 11/20/2023 2023-Ohio-4178
Grange Indemn. Ins. Co. v. Hinds 1-23-07DECLARATORY JUDGMENT; SUMMARY JUDGMENT; INSURANCE; POLICY INTERPRETATION; EXCLUSION; DOG BITE. The trial court erred, in part, in declaring that plaintiff-appellee is excused from indemnifying defendant-appellee from liability from claims asserted against him by defendant-appellant from dog-bite injuries because genuine issues of material fact remain as to whether the dog was reacting to protect people or property from imminent harm in the instances that he caused bodily injury to a person or injury to another animal.ZimmermanAllen 11/13/2023 11/13/2023 2023-Ohio-4085
Purcell v. Stemen 1-23-28Dog Bite; R.C. 955.28; Strict Liability; Summary Judgment. The trial court did not err in granting summary judgment to defendants-appellants on the claim for strict liability under R.C. 955.28. At the least, plaintiff-appellant was actively caring for defendants-appellants’ dog at the time of her injury. There is no genuine issue of material fact, and reasonable minds could only conclude that she was the dog's "keeper" under the statute at the time that it bit her. Therefore, she is barred from recovering under R.C. 955.28.MillerAllen 11/13/2023 11/13/2023 2023-Ohio-4086
Resor v. Dicke 2-22-28Pleading Standards; Civ.R. 12(B)(6); Legal Malpractice. The trial court erred in granting the appellees' motion to dismiss the amended complaint. Accepting as true all factual allegations in the amended complaint and construing in the nonmoving party's favor any reasonable inferences drawn from them, it does not appear beyond doubt that appellants-plaintiffs can prove no set of facts in support of their claims that would entitle them to the relief sought. Appellants-plaintiffs are not required to prove their case at the pleading stage.MillerAuglaize 11/13/2023 11/13/2023 2023-Ohio-4087
In re B.M. 8-23-03, 8-23-04R.C. 2151.414; Permanent Custody; Manifest Weight of the Evidence. The trial court's decisions granting permanent custody to the children's services agency was not against the manifest weight of the evidence.WaldickLogan 11/13/2023 11/13/2023 2023-Ohio-4088
In re C.B. 9-23-28; 9-23-29PERMANENT CUSTODY; REASONABLE EFFORTS. The trial court did not err by awarding permanent custody of C.B. and K.B. to the agency.ZimmermanMarion 11/13/2023 11/13/2023 2023-Ohio-4089
State v. Eckard 9-23-32Manifest Weight; Robbery. Jury did not clearly lose its way by convicting defendant of Robbery.WaldickMarion 11/13/2023 11/13/2023 2023-Ohio-4090
Babylon Capital, L.L.C. v. Workman 15-23-04SUMMARY JUDGMENT; FORECLOSURE; IN REM FORECLOSURE; STATUTE OF LIMITATIONS; R.C. 2305.04. The trial court did not err by denying defendants-appellants' motion for summary judgment as to plaintiff-appellee's claim for foreclosure on the mortgage since there is no dispute that plaintiff-appellee's claim for foreclosure on the note was brought within 21 years after the cause of action accrued. Defendants-appellants' argument challenging the trial court's determination of the amount of which they owe the plaintiff-appellee must be challenged following the confirmation of sale. Since the confirmation-of-sale proceeding has not yet occurred, defendants-appellant's argument is not yet ripe for our review.ZimmermanVan Wert 11/13/2023 11/13/2023 2023-Ohio-4091
State v. Henry 3-23-06 & 3-23-07Jury Instructions; Lesser Included Offense. Even if the crime charged contains a lesser included offense, the trial court does not need to provide a requested instruction on the lesser included offense if the facts of the case do not warrant it. The decision as to whether the fact of a case support a jury instruction on a lesser included offense is entrusted to the sound discretion of the trial court.WillamowskiCrawford 11/6/2023 11/6/2023 2023-Ohio-4020
State v. Morris 6-23-04Sufficient Evidence; Manifest Weight; Merger; Consecutive Sentences. The State may use circumstantial evidence to establish the identity of certain controlled substances. This circumstantial evidence can include the distinct markings that appear on a tablet. Further, court appointed counsel fees cannot be imposed as part of a defendant's sentence.WillamowskiHardin 11/6/2023 11/6/2023 2023-Ohio-4021
State v. Miller 13-23-03Manifest Weight; Attempted Murder; NGRI; In a bench trial, evidence supported convictions for Attempted Murder and Having Weapons While Under Disability. Evidence also supports trial courts determination that appellant did not establish his NGRI affirmative defense.WaldickSeneca 10/30/2023 10/30/2023 2023-Ohio-3935
State v. Hathorn 5-22-17Competency; Waiver of Counsel; Standby Counsel; Invited Error; Expert Witness; Sufficiency of the Evidence; Prosecutorial Misconduct; Merger; Indefinite Sentences. Trial court did not err in failing to hold a sua sponte competency hearing when there was no indicia of incompetency. Waiver of counsel was properly made. Allowing standby counsel to conduct voir dire is invited error when appellant agreed to it. Expert witness was permitted to his own observations even if not an expert in that area. Evidence was sufficient to support the convictions. Alleged improper statements by the prosecutor did not outweigh the overwhelming evidence of guilt. Felonious assault and aggravated robbery convictions did not merge when they were two separate acts even though closely related in time. Indefinite sentence imposed pursuant to Reagan Tokes is constitutional.WillamowskiHancock 10/30/2023 10/30/2023 2023-Ohio-3936
State v. Caudill 16-23-03Crim.R. 11 Colloquy; Crim.R. 11(C)(2)(b). If a trial court does not completely fail to comply with Crim.R. 11, the defendant must demonstrate that he or she was prejudiced by any failure of the trial court to fully comply with Crim.R. 11.WillamowskiWyandot 10/23/2023 10/23/2023 2023-Ohio-3843
State v. Miller 9-23-27Maximum sentence; Application of R.C. 2929.12. Appellate courts lack the authority to review the application of the sentencing factors set forth in R.C. 2929.12. As long as the sentence is not contrary to law, it must be affirmed.WillamowskiMarion 10/23/2023 10/23/2023 2023-Ohio-3844
State v. Schmidt 13-23-01Authentication; Identification; Screenshots; Images; Social Media; Facebook Messenger; Facebook Account; Text Messages; Instant Messages; Electronic-Print Media; R.C. 2929.14(C)(4); R.C. 2953.05(G)(2)(a). The trial court did not err by admitting State’s Exhibits 1-12 into evidence. The jury’s findings of guilt for unlawful sexual conduct with a minor under Counts One through Four are not against the manifest weight of the evidence. The record supports the trial court’s consecutive-sentencing findings under R.C. 2929.14(C)(4), and thus, the trial court did not err in imposing consecutive sentences herein.ZimmermanSeneca 10/23/2023 10/23/2023 2023-Ohio-3845
State v. Mejia 9-23-13Manifest weight of the evidence. Defendant-appellant’s aggravated-possession-of-drugs conviction is not against the manifest weight of the evidence.ZimmermanMarion 10/23/2023 10/23/2023 2023-Ohio-3846
State v. Marshall 1-22-70Reagan Tokes Law; Indefinite Sentencing. 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.MillerAllen 10/16/2023 10/16/2023 2023-Ohio-3751
State v. Houke 1-23-15Reagan Tokes Law; Indefinite Sentencing. 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.MillerAllen 10/16/2023 10/16/2023 2023-Ohio-3752
State v. Luciano 9-23-24Manifest Weight; Evidence; Conviction for Abduction was not against the manifest weight of the evidence. Defendant did not renew challenge to motion in limine at trial, and, in any event, trial court did not abuse its discretion by preventing introduction of testimony.WaldickMarion 10/16/2023 10/16/2023 2023-Ohio-3753
Lewis v. Ayersville Local School Dist. 4-23-03Civ.R. 12(B)(6); Motion to Dismiss; R.C. Chapter 2744; Sovereign Immunity. In personal injury lawsuit filed against the school district and teacher-coach, the trial court did not err in dismissing the complaint against the school district pursuant to Civ.R. 12(B)(6) on the basis of sovereign immunity; however, the trial court did err in dismissing the complaint against the teacher-coach on that same basis.WaldickDefiance 10/10/2023 10/10/2023 2023-Ohio-3685
State v. Rowe 10-23-03Possession of drug paraphernalia; R.C. 2925.14(C)(1). Trial court's decision finding defendant guilty of possession of drug paraphernalia was supported by sufficient evidence and was not against the manifest weight of the evidence as to the elements of "knowing" possession and possessing the paraphernalia with "purpose to use" it.WaldickMercer 10/10/2023 10/10/2023 2023-Ohio-3686
Durnell's RV Sales, Inc. v. Beckler 8-22-40Ohio Consumer Sales Practices Act; Waiver of Arbitration; Summary Judgment; Breach of Contract; Damages. In evaluating a motion for summary judgment, the trial court may examine all of the evidentiary materials properly before it. Under Ohio's Consumer Sales Practices Act, an act or practice is unfair if it is unjust, partial, deceptive, or inequitable. Deceptive conduct under the CSPA must be false and material to the underlying transaction. Parties may, by their actions, waive a contractual right to arbitrate.WillamowskiLogan 10/2/2023 10/2/2023 2023-Ohio-3565
State v. Lemaster 14-23-10SENTENCING; REAGAN TOKES LAW. The defendant-appellant’s sentence is not contrary to law. The Reagan Tokes Law is not unconstitutional.ZimmermanUnion 9/25/2023 9/25/2023 2023-Ohio-3427
State v. Keith 9-22-28Ineffective Assistance of Counsel; Jury Instructions. Defendant-appellant failed to demonstrate that he received ineffective assistance of counsel. The trial court did not commit plain error with respect to its jury instruction regarding the polygraph examiner's testimony.MillerMarion 9/25/2023 9/25/2023 2023-Ohio-3428
State v. Sepulveda 2-23-06Manifest Weight; Sufficiency; Conviction for Resisting Arrest for interfering in the arrest of another was supported by the record and was not against the weight of the evidence. Photographs entered into evidence were not prejudicial.WaldickAuglaize 9/25/2023 9/25/2023 2023-Ohio-3429
State v. Mendenhall 6-23-01Due Process; Confrontation Clause; Felony Sentencing; Consecutive Sentencing; R.C. 2929.14(C)(4). The trial court did not violate defendant-appellant’s right to due process or right to confront witnesses against him. Defendant-appellant’s prison sentence is not clearly and convincingly contrary to law. Because the trial court made the findings required by R.C. 2929.14(C)(4) before imposing consecutive sentences and those findings are supported by the record, defendant-appellant’s consecutive sentences are not clearly and convincingly unsupported by the record or otherwise contrary to law.MillerHardin 9/18/2023 9/18/2023 2023-Ohio-3297
State v. Bruce 14-22-11Other Acts; Ineffective Assistance of Counsel; Relevant Evidence; Hearsay; Trial Strategy. Improper opinion testimony invades the province of the jury as the finders of fact at trial. The rules governing the admission of other crimes, wrongs, or acts must be strictly construed given the prejudicial nature of such evidence. Evidence of other crimes, wrongs, or acts may not be admitted to prove a person's character for the purpose of establishing he or she acted in conformity therewith. To establish an ineffective assistance of counsel claim, the appellant must demonstrate that trial counsel performed deficiently and that such performance was prejudicial.WillamowskiUnion 9/18/2023 9/18/2023 2023-Ohio-3298
State v. Hirschy 1-22-44Other-acts evidence; notice of intent to use other-acts evidence; intrinsic evidence; ineffective assistance of counsel; record on appeal; appendix of a brief; App.R. 9; App.R. 4(A)(1). Because the witness’s testimony did not involve extrinsic acts, but rather, acts intrinsic to the charged offense, there was no deviation from the law and plain error did not exist under the facts presented. Trial counsel was not deficient or unreasonable for failing to raise a meritless objection. We lack jurisdiction to address defendant-appellant’s ineffective-assistance-of-counsel argument regarding his trial counsel’s execution of a speedy-trial waiver without his consent in Celina Municipal Court since he did not file a notice of appeal in that case.ZimmermanAllen 9/11/2023 9/11/2023 2023-Ohio-3204
State v. Handshoe 1-22-54Evid. R. 404(B); Evid.R. 901; Evid.R. 1001(4); Evid.R. 1002; Evid.R. 1003. The trial court did not abuse its discretion in determining the admissibility of evidence in this case.PowellAllen 9/11/2023 9/11/2023 2023-Ohio-3205
In re J.P. 1-22-65; 1-22-66PERMANENT CUSTODY; REASONABLE EFFORTS. The trial court did not err by awarding permanent custody of A.P. and J.P. to the agency.ZimmermanAllen 9/11/2023 9/11/2023 2023-Ohio-3206
State v. Simpson 1-22-79Search warrants; Fourth Amendment; R.C. 4511.19; Consecutive Sentencing; R.C. 2929.14(C)(4). The trial court did not err in denying defendant-appellant’s motion to suppress the blood testing results because the search warrant, issued to search defendant-appellant for her blood and seize it based on probable cause that she committed an OVI offense, permitted testing the collected blood for alcohol or drugs. Law enforcement’s failure to bring defendant-appellant’s blood to the trial court did not rise to the level of a constitutional violation. The trial court also did not err in finding that the two offenses were committed as part of a course of conduct, in the context of sentencing defendant-appellant to consecutive sentences pursuant to R.C. 2929.14(C)(4)(b).MillerAllen 9/11/2023 9/11/2023 2023-Ohio-3207
Pugh v. Okuley's Pharmacy & Home Med. 4-23-04PREP Act; Motion to Dismiss; Plain language review of the PREP Act does not establish immunity in this matter such that claims should have been dismissed.WaldickDefiance 9/11/2023 9/11/2023 2023-Ohio-3208
State v. Passmore 5-22-39Consecutive Sentences; Self-Defense; Prosecutorial Misconduct; Ineffective Assistance of Counsel; Stipulations; Serious Physical Harm. The decision of defense counsel to stipulate to the admission of evidence is often a matter of trial strategy.WillamowskiHancock 9/11/2023 9/11/2023 2023-Ohio-3209
In re H.S. 5-23-02Termination of parental rights; Manifest weight of the evidence; Abandonment; GAL duties under Sup.R. 48; Best interest of the child. The trial court's determination to grant the motion for permanent custody was supported by the weight of the evidence when the child was in the care of the Agency for more than 12 out of a consecutive 22 month period and the factors indicated that terminating parental rights was in the best interest of the child. Father did not abandon his child unless he lacked contact for a 90 day period. Guardian Ad Litem did not perform duties pursuant to the Superintendent's rules, but a violation is not reversible error. Trial court did not err in denying mother's motion for an extension of time. Trial court did not err in denying motion to convey when it was not timely filed and no timely motion to appear by zoom was filed for the hearing.WillamowskiHancock 9/11/2023 9/11/2023 2023-Ohio-3210
State v. Fowlkes 5-23-03Motion to suppress; Lane of travel; Marked-lanes violation; Findings of Fact, Competent, Credible Evidence. The trial court did not err by denying defendant-appellant’s motion to suppress.ZimmermanHancock 9/11/2023 9/11/2023 2023-Ohio-3211
State v. Stansberry 14-22-25Speedy Trial; R.C. 2941.401; Sentencing; R.C. 2953.08(G)(2); Consecutive Sentencing; R.C. 2929.14(C)(4). Defendant-appellant's speedy-trial right under R.C. 2941.401 was not violated. The trial court did not err in sentencing defendant-appellant to maximum sentences on the fifth-degree felonies or when it required defendant-appellant to serve the prison terms consecutively.MillerUnion 9/11/2023 9/11/2023 2023-Ohio-3212
State v. Edwards 14-23-11Motion to Withdraw a Plea; Nine-Factor Analysis; Reasonable and Legitimate Basis. The nine-factor analysis for evaluating a trial court's decision on a motion to withdraw a plea still applies to cases that are not factually similar to the situation presented in State v. Barnes, 2020-Ohio-4486. Further, a trial court's decision to deny a motion to withdraw a plea is reviewed under an abuse of discretion standard.WillamowskiUnion 9/11/2023 9/11/2023 2023-Ohio-3213
State v. Welling 15-23-05App.R. 12(A)(2); App.R. 16(A); Requirements of briefs on appeal; App.R. 9; Requirements of record on appeal. As the defendant-appellant failed to identify in the record where the alleged error occurred, failed to argue the assignments of error or cite to law in support thereof, and failed to include a trial transcript in the record on appeal, the judgment of conviction and sentence must be affirmedWaldickVan Wert 9/11/2023 9/11/2023 2023-Ohio-3214
State v. Worrell 2-23-03R.C. 2941.25--Allied offenses--Merger--Plain error--A defendant who fails to raise the issue of allied offenses in the trial court forfeits all but plain error--Defendant failed to establish that the trial court committed plain error in failing to merge two counts of possession of fentanyl.WaldickAuglaize 9/5/2023 9/5/2023 2023-Ohio-3110
State v. Fountain 13-23-09 & 13-23-10COMMUNITY CONTROL; DUE PROCESS. The trial court abused its discretion by extending defendant-appellant's community control because she was not provided the minimum requirements of due process.ZimmermanSeneca 9/5/2023 9/5/2023 2023-Ohio-3111
Wireman v. Wireman 1-22-72Domestic relations; shared parenting; custody modification; child support. The trial court did not abuse its discretion in modifying the parties' shared parenting plan, including the child support order.WaldickAllen 8/28/2023 8/28/2023 2023-Ohio-3007
State v. Beck 1-22-80Reagan Tokes Law; Indefinite Sentencing. 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.MillerAllen 8/28/2023 8/28/2023 2023-Ohio-3008
State v. Rentschler 9-22-50Criminal law; Sufficiency of the Evidence; Jury Instructions; Prosecutorial Misconduct; Ineffective Assistance of Counsel; Admission of Evidence; Cumulative Error. Defendant-appellant failed to demonstrate prejudicial error with regard to the multiple claims raised on appeal.WaldickMarion 8/28/2023 8/28/2023 2023-Ohio-3009