| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
State v. Ochoa
| 5-22-19, 5-22-20, 5-22-22 | Trial court did not err in how it allocated jail time credit by applying the jail time credit to the community control sentence and terminating it before applying the remainder to the new cases. | Willamowski | Hancock |
3/27/2023
|
3/27/2023
| 2023-Ohio-978 |
|
State v. Rice
| 9-22-14 | REAGAN TOKES LAW; INDEFINITE SENTENCE; 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. | Miller | Marion |
3/27/2023
|
3/27/2023
| 2023-Ohio-979 |
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State v. Hale
| 10-22-01 | CONSENT SEARCH; MOTION TO SUPPRESS; SUFFICIENT EVIDENCE. The trial court did not err by denying defendant-appellant's motion to suppress evidence because he freely and voluntarily consented to the taking of his blood and urine samples. However, defendant-appellant's conviction for driving under a 12-point suspension is not supported by sufficient evidence because defendant-appellant's 12-point suspension had expired by operation of law by the time of the incident. Defendant-appellant's remaining convictions are supported by sufficient evidence. | Miller | Mercer |
3/27/2023
|
3/27/2023
| 2023-Ohio-980 |
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In re Adoption of H.P.
| 15-21-03 | Issue of constitutionality of statutes as applied cannot be addressed on appeal as it was not raised in the trial court below. | Willamowski | Van Wert |
3/27/2023
|
3/27/2023
| 2023-Ohio-981 |
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State v. Tebelman
| 12-22-04 | If a significant trial witness recants his or her prior testimony, courts must apply a two-step analysis. First, the court must determine the credibility of the recantation. Second, the trial court must determine whether this testimony could have affected the outcome of the trial. In general, purported recantation testimony is viewed with suspicion. | Willamowski | Putnam |
3/20/2023
|
3/20/2023
| 2023-Ohio-882 |
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State v. Frisbie
| 5-22-15 & 5-22-16 | FOURTH AMENDMENT; WARRANTLESS SEARCH; EXIGENT CIRCUMSTANCES; PLAIN VIEW; The trial court did not err by overruling the defendant-appellant's motions to suppress. | Waldick | Hancock |
3/20/2023
|
3/20/2023
| 2023-Ohio-881 |
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State v. Crose
| 3-22-34 | COMMUNITY-CONTROL VIOLATION; NON-TECHNICAL VIOLATION; CONSECUTIVE-SENTENCE-NOTIFICATION REQUIREMENT; RESERVED-PRISON TERM. The trial court did not err by determining that defendant-appellant’s community-control violation constituted a non-technical violation. However, the trial court did err by ordering the defendant-appellant to serve a 6-month prison term consecutive to the sentence imposed in another county where the trial court had not previously notified the defendant-appellant, that upon revocation of her community control, she may be sentenced consecutively other sentences being served. Judgment affirmed in Part, Reversed in Part and Cause Remanded. | Zimmerman | Crawford |
3/20/2023
|
3/20/2023
| 2023-Ohio-880 |
|
In re O.F.
| 4-22-09 & 4-22-10 | Appellant failed to demonstrate that he received ineffective assistance of counsel. Appellant's delinquency adjudication is not against the manifest weight of the evidence. | Miller | Defiance |
3/13/2023
|
3/13/2023
| 2023-Ohio-755 |
|
Jones v. Gilbert
| 2-22-19 | The trial court did not err by granting defendant-appellee's motion for judgment on the pleadings. | Miller | Auglaize |
3/13/2023
|
3/13/2023
| 2023-Ohio-754 |
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Reed v. Reed
| 6-22-03 | FINANCIAL MISCONDUCT; SPOUSAL SUPPORT; Trial court did not err by determining husband committed financial misconduct; however, trial court did err by assessing entire amount of estimated taxes against husband when husband ultimately paid the taxes. Spousal support award was supported by the record. | Waldick | Hardin |
3/13/2023
|
3/13/2023
| 2023-Ohio-756 |
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State v. Whitaker
| 6-22-12 | Defendant-appellant's sentence is not clearly and convincingly contrary to law. | Miller | Hardin |
3/13/2023
|
3/13/2023
| 2023-Ohio-757 |
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State v. Barnett
| 6-22-16 | The trial court did not err in ordering the defendant-appellant to pay court-appointed counsel fees without holding a hearing on the issue; however, the trial court did err when it taxed court-appointed counsel fees as costs in the criminal case. Because the defendant-appellant's sentence is within the statutory sentencing range and because the trial court considered the purposes and principles of felony sentencing and the R.C. 2929.12 factors, the sentence is not contrary to law. | Waldick | Hardin |
3/6/2023
|
3/6/2023
| 2023-Ohio-678 |
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State v. Kipker
| 8-22-19, 8-22-20, 8-22-21 | Defendant-appellant raises no error as to his 2021 case. Consequently, his corresponding appeal in appellate case numbers 08-22-19 is dismissed. The trial court did not err by ordering defendant-appellant to serve consecutive sentences in appellate case numbers 08-22-20 and 08-22-21. Appeal dismissed in part and Judgments affirmed in part. | Zimmerman | Logan |
3/6/2023
|
3/6/2023
| 2023-Ohio-679 |
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State v. Webb
| 5-22-13 | The trial court erred by failing to give defendant-appellant the proper amount of jail-time credit towards both his offenses. Judgment reversed and remanded. | Zimmerman | Hancock |
3/6/2023
|
3/6/2023
| 2023-Ohio-677 |
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State v. Wallace
| 3-22-40 | The trial court did not abuse its discretion by revoking defendant-appellant’s community control. Defendant-appellant’s second assignment of error was rendered moot by our determination of defendant-appellant’s first assignment of error. Judgment affirmed. | Zimmerman | Crawford |
3/6/2023
|
3/6/2023
| 2023-Ohio-676 |
|
Dunn v. Devco Holdings, Inc.
| 14-22-18 | An appellate court will not reverse a civil judgment as being against the manifest weight of the evidence if it is supported by some competent, credible evidence. A finding that a workplace injury substantially aggravated a preexisting condition under R.C. 4123.01(C)(5) must be supported by some objective diagnostic findings, objective clinical findings, or objective test results. | Willamowski | Union |
3/6/2023
|
3/6/2023
| 2023-Ohio-680 |
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State v. Etgen
| 9-21-41 | The indefinite-sentencing provisions of the Reagan Tokes Law do not violate the separation-of-powers doctrine or infringe upon defendant-appellant's right to due process. | Miller | Marion |
2/27/2023
|
2/27/2023
| 2023-Ohio-564 |
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State v. Troche
| 9-22-18 | Defendant-appellant's possession-of-fentanyl and aggravated-possession-of-drugs convictions are supported by sufficient evidence. Defendant-appellant's possession-of-fentanyl and aggravated-possession-of-drugs convictions are not against the manifest weight of the evidence. Defendant-appellant's sentences are neither unsupported by the record nor contrary to law. Because the trial court did not commit multiple errors at defendant-appellant's trial, the cumulative-error doctrine does not apply. | Miller | Marion |
2/27/2023
|
2/27/2023
| 2023-Ohio-565 |
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In re N.F.
| 9-22-40 | PERMANENT CUSTODY; BEST INTERESTS; REASONABLE EFFORTS; ANDERS. Trial court's determination to grant agency's motion for permanent custody was supported by the record. Mother-appellant presented no non-frivolous issues for appeal. | Waldick | Marion |
2/27/2023
|
2/27/2023
| 2023-Ohio-566 |
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State v. Salazar
| 13-22-09 | Trial court did not err in calculating the time served when the calculation is supported by competent, credible evidence. Trial court did not err in ordering defendant to serve his prison term in a local facility when the county was a voluntary county and R.C. 2929.34(B)(2) required him to serve the sentence in the local facility. Defendant was not denied the benefits of R.C. 2967.193 when ordered to serve his sentence in a local facility because the facility was required by R.C. 5120.161(B) to apply the applicable provisions of R.C. 2967.193. | Willamowski | Seneca |
2/27/2023
|
2/27/2023
| 2023-Ohio-567 |
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State v. Ford
| 14-22-19 | SENTENCING; CONSECUTIVE SENTENCES; INEFFECTIVE ASSISTANCE; Trial court's sentence was not clearly and convincingly contrary to law. Appellant did not demonstrate ineffective assistance of counsel related to sentencing hearing. | Waldick | Union |
2/27/2023
|
2/27/2023
| 2023-Ohio-568 |
|
State v. Santiago
| 4-22-11 & 4-22-12 | A plea agreement is a contract between the parties. If a party does not object at trial, we review any alleged breach of the plea agreement under the plain error standard. | Willamowski | Defiance |
2/27/2023
|
2/27/2023
| 2023-Ohio-561 |
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State v. Taylor
| 6-22-13 & 6-22-14 | Defendant-appellant's prison sentences are not clearly and convincingly unsupported by the record or otherwise contrary to law. | Miller | Hardin |
2/27/2023
|
2/27/2023
| 2023-Ohio-562 |
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State v. Mowery
| 7-22-06 | Trial court's statements regarding sentencing appellant immediately if he was conviction were not made to coerce the defendant into accepting a plea. Appellant was not denied the effective assistance of counsel. The sentence was not contrary to law and was not entered before a "biased" official. | Willamowski | Henry |
2/27/2023
|
2/27/2023
| 2023-Ohio-563 |
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State v. Waller
| 13-22-10 | The trial court did not err by its evidentiary determinations. Defendant-appellant's domestic-violence conviction is not against the manifest weight of the evidence. Judgment Affirmed. | Zimmerman | Seneca |
2/21/2023
|
2/21/2023
| 2023-Ohio-493 |
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State v. Arrendondo
| 3-22-30 | Trial court correctly reimposed the original sentence when defendant violated the terms of his judicial release. | Willamowski | Crawford |
2/21/2023
|
2/21/2023
| 2023-Ohio-491 |
|
Coon v. OhioHealth Corp.
| 9-22-41 | The trial court did not abuse its discretion by adopting the magistrate's decision denying the defendants-appellants' motion for a protective order under Civ.R. 26(C). | Zimmerman | Marion |
2/21/2023
|
2/21/2023
| 2023-Ohio-492 |
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State v. Brill
| 14-22-20 | An appellate court is conclusively bound to follow the decisions of the Ohio Supreme Court. Further, the Ohio Supreme Court's decision in State v. Jones is applicable to appeals that can be brought under R.C. 2953.08(A)(1)(a). | Willamowski | Union |
2/13/2023
|
2/13/2023
| 2023-Ohio-404 |
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State v. Shamansky
| 16-22-05 | Defendant-appellant's conviction is supported by sufficient evidence. Defendant-appellant's conviction is not against the manifest weight of the evidence. The trial court did not err by not striking testimony or dismissing the case because there is no indication that the evidence identified by defendant-appellant was even available for preservation. | Miller | Wyandot |
2/13/2023
|
2/13/2023
| 2023-Ohio-405 |
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Porter v. Porter
| 8-22-25 | Trial court erred by failing to determine what was separate property and treating all of the property as marital when the evidence showed it was not. | Willamowski | Logan |
2/13/2023
|
2/13/2023
| 2023-Ohio-403 |
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In re O.M.
| 5-22-08 & 5-22-09 | Trial court did not err by finding children neglected pursuant to R.C. 2151.03(A)(2) and dependent pursuant to R.C. 2151.04(C). | Shaw | Hancock |
2/6/2023
|
2/6/2023
| 2023-Ohio-341 |
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State v. Allen
| 2-22-14 | Convictions for criminal damaging and tampering with evidence were not against the manifest weight of the evidence. Appellant did not demonstrate plain error with respect to merger. | Shaw | Auglaize |
2/6/2023
|
2/6/2023
| 2023-Ohio-340 |
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In re J.D.
| 1-22-20 | The trial court did not err by overruling the delinquent child's motion to suppress. The trial court did not err by overruling the delinquent child's motion for mistrial or with respect to its evidentiary determination involving the redaction of State's Exhibit 55 (J.D.'s edited interview). The trial court did not err in its evidentiary determination related to D.J.'s dying declaration. The delinquent child's adjudication is not based upon insufficient evidence nor is it against the manifest weight of the evidence. The trial court did not err by not merging the delinquent child's aggravated murder and aggravated robbery adjudications and convictions for purposes of disposition and sentencing. Judgment affirmed. | Zimmerman | Allen |
1/30/2023
|
1/30/2023
| 2023-Ohio-250 |
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Williams v. Shawnee Twp.
| 1-22-34 | The trial court did not err by granting summary judgment in favor of the defendants-appellees because the defendants-appellees are entitled to political-subdivision immunity under R.C. Chapter 2744. | Zimmerman | Allen |
1/30/2023
|
1/30/2023
| 2023-Ohio-251 |
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Williams v. Shawnee Twp.
| 1-22-35 | The trial court did not err by granting summary judgment in favor of defendants-appellees because there is no genuine issue of material fact that the defendants-appellees did not negligently fail to procure an insurance policy for the plaintiff-appellant that contained uninsured-motorist coverage. | Zimmerman | Allen |
1/30/2023
|
1/30/2023
| 2023-Ohio-252 |
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State v. Stewart
| 9-21-36 | Defendant-appellant's aggravated-possession-of-drugs conviction is supported by sufficient evidence. Defendant-appellant's aggravated-possession-of-drugs conviction is not against the manifest weight of the evidence. | Miller | Marion |
1/30/2023
|
1/30/2023
| 2023-Ohio-253 |
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State v. Runion
| 16-22-07 | To impose consecutive sentences, a trial court must make the findings required by R.C. 2929.14(C)(4). An appellate court will conclude these findings are supported by the record as long as it can determine that the trial court performed the correct analysis and can determine that the record contains some evidence to support these findings. | Willamowski | Wyandot |
1/30/2023
|
1/30/2023
| 2023-Ohio-254 |
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State v. Survilla
| 15-22-02 | 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. | Zimmerman | Van Wert |
1/30/2023
|
1/30/2023
| 2023-Ohio-255 |
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State v. Oberly
| 8-22-14, 8-22-15, 8-22-16, 8-22-17 | Appeals in 8-22-14 and 8-22-15 are dismissed as the assignment of error challenging the imposition of consecutive sentences does not apply to those cases when no consecutive sentences were imposed. The record supports the findings used to impose consecutive sentences in 8-22-16 and 8-22-17. | Willamowski | Logan |
1/23/2023
|
1/23/2023
| 2023-Ohio-179 |
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State v. Steele
| 4-22-06 & 4-22-07 | The trial court did not err by denying defendant-appellant's motions to withdraw his no-contest pleas. | Miller | Defiance |
1/23/2023
|
1/23/2023
| 2023-Ohio-178 |
|
State v. Alexander
| 1-22-11 | The trial court did not commit plain error by admitting the defendant-appellant's confessions since corpus delicti was satisfied. Defendant-appellant’s argument that trial counsel is ineffective is preempted by our determinations in his first assignment of error. The trial court did not err by merging Count One (rape) and Count Two (sexual battery). Judgment affirmed. | Zimmerman | Allen |
1/17/2023
|
1/17/2023
| 2023-Ohio-123 |
|
State v. Mayo
| 1-22-28 | The trial court did not err by denying defendant-appellant's motions to suppress evidence. | Miller | Allen |
1/17/2023
|
1/17/2023
| 2023-Ohio-124 |
|
State v. Buchanan
| 14-22-09 | Sufficiency of the Evidence; Extortion; Valuable Thing or Benefit. Sufficient evidence was presented to convict appellant of extortion in violation of R.C. 2905.11(A)(5). | Miller | Union |
1/17/2023
|
1/17/2023
| 2023-Ohio-125 |
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State v. Nash
| 16-22-06 | Trial court did not err in denying bail to appellant when factual findings that appellant was a danger to the community and no conditions could prevent the risk were supported by the record. | Willamowski | Wyandot |
1/9/2023
|
1/9/2023
| 2023-Ohio-51 |
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State v. Canankamp
| 2-22-02 | Defendant-appellant’s assault, falsification, theft, criminal-damaging, and criminal-trespassing convictions are based on sufficient evidence and not against the manifest weight of the evidence. The trial court did not abuse its discretion by excluding police reports, medical records, and text messages as inadmissible hearsay. The trial court did not abuse its discretion by concluding that no Crim.R. 16 violation occurred. | Zimmerman | Auglaize |
1/9/2023
|
1/9/2023
| 2023-Ohio-43 |
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State v. Greenawalt
| 9-22-43 | The trial court did not err by denying defendant-appellant bail. Judgment affirmed. | Zimmerman | Marion |
1/9/2023
|
1/9/2023
| 2023-Ohio-50 |