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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Lybbert v. Lybbert 23CA9contempt; shared parenting plan; abuse of discretionHessGallia 11/16/2023 11/20/2023 2023-Ohio-4179
Mills v. Walnut Twp. Bd. of Zoning Appeals 22CA14Zoning; use variance, practical difficulties test; area variance, unnecessary hardship test, preponderance of the evidence; board of zoning appeals; R.C. 2506.04, administrative appeal; standard of review is whether the decision by the board of zoning appeals is “unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record”; Duncan v. Middlefield, 23 Ohio St.3d 83: “factors to be considered and weighed in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of his property include, but are not limited to: (1) whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; (2) whether the variance is substantial; (3) whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; (4) whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage); (5) whether the property owner purchased the property with knowledge of the zoning restriction; (6) whether the property owner's predicament feasibly can be obviated through some method other than a variance; (7) whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.”WilkinPickaway 11/16/2023 11/22/2023 2023-Ohio-4234
State v. McCartney 23CA3Reagan Tokes Law is constitutional; appellant did not receive ineffective assistance of counsel when trial counsel failed to challenge Reagan Tokes Law; trial court appropriately evaluated appellant's competency to stand trial; and appellant's guilty plea waived the right to appeal all nonjurisdictional defects.AbeleHighland 11/16/2023 11/27/2023 2023-Ohio-4260
State v. Madison 22CA23Appellant's convictions for rape are not against the manifest weight of the evidence.AbeleWashington 11/16/2023 11/27/2023 2023-Ohio-4261
State v. Cunningham 23CA2Trial court conducted heightened Alford inquiry; record did not reveal indicia of incompetence, and trial court failed to notify appellant of Reagan Tokes Act requirements.AbeleAthens 11/16/2023 11/30/2023 2023-Ohio-4305
In re S.K. 23CA7permanent custody, manifest weight of the evidence, R.C. 2151.414(B)(1)(d), best interestHessHighland 11/8/2023 11/15/2023 2023-Ohio-4106
State v. Webb 22CA18bill of particulars, Crim.R. 7(E), tampering with evidence, Crim.R. 16, metadata, discovery violation, sanction, expert testimony, Crim.R. 29, manifest weight of the evidence, Crim.R. 33(A), motion for new trialHessLawrence 11/3/2023 11/8/2023 2023-Ohio-4050
State v. Scott 22CA13Appellant's conviction for trafficking in marijuana is upheld where even though Senate Bill 57 decriminalized hemp and created a legal distinction between marijuana and hemp based upon the level of THC content, and despite the State's failure to introduce evidence of the chemical analysis of the THC content of the substance recovered, the appellant's own testimony at trial admitting he sold marijuana was sufficient evidence to support his conviction for trafficking in marijuana.SmithLawrence 11/3/2023 11/8/2023 2023-Ohio-4051
State v. Colonel 23CA1168Corpus delicti rule; expert witness vouching; permissible bolstering; ineffective assistance of counsel; jury instructions; insufficient evidence; manifest weight of the evidence; R.C. 2907.02(A)(1)(c); cumulative error doctrineHessAdams 10/25/2023 10/31/2023 2023-Ohio-3945
Campbell v. Campbell 22CA3992Trial court abused its discretion when it found mother in contempt of court and when it modified the parties' parenting time schedule.AbeleScioto 10/19/2023 10/26/2023 2023-Ohio-3896
State v. Freeman 23CA2ineffective assistance of counsel; guilty plea; deficient performance; App.R. 16(A)(7); evidence outside the record; transcriptHessLawrence 10/18/2023 10/23/2023 2023-Ohio-3835
In re K.C. 23CA10, 23CA11, 23CA12Permanent custody—trial court did not plainly err by considering psychological evaluation when reaching its permanent-custody decision; trial counsel did not render ineffective assistance of counsel by failing to object to hearsay statements regarding contents of psychological evaluation; trial court's permanent-custody decision was not against the manifest weight of the evidenceWilkinHocking 10/16/2023 11/16/2023 2023-Ohio-4118
State v. Jackson 22CA8Trial court did not lack subject matter jurisdiction over defendant; defendant received effective assistance of counsel; plea was knowing, intelligent and voluntary; and no error in denying appellate court counsel a copy of defendant's pre sentence investigation report.AbeleGallia 10/13/2023 10/26/2023 2023-Ohio-3895
Cottrill v. Skivers 22CA7Civ.R. 12(B)(6) motion to dismiss, clear and convincing evidence, easements, easement implied by necessity, easement implied by prior use, unity-of-ownershipWilkinMeigs 10/11/2023 10/18/2023 2023-Ohio-3784
In re C.S. 23CA12Permanent-custody proceeding-appellate court lacks authority to review trial judge's decision regarding appellant's disqualification motion; trial judge did not display bias during permanent-custody proceeding and, thus, appellant's claim that she was deprived of her dur-process right to a fundamentally fair proceeding without merit.AbeleJackson 10/6/2023 10/16/2023 2023-Ohio-3754
State v. Nelson 22CA10Chain of custody; Evid.R. 901(A); sufficiency of the evidence; murder; aggravated murder; complicity; conspiracy; R.C. 2923.01(B); overt act in furtherance of conspiracy; Crim.R. 12(C)(2); cruel and unusual punishment; Eighth AmendmentHessMeigs 9/28/2023 10/2/2023 2023-Ohio-3566
Tackett v. Gunnels 22CA9Shared parenting; trial court did not err by failing to hold a hearing to consider whether to grant appellant's motion to enforce in-court settlement agreement when appellant requested court to consider motion upon the parties' written submissions and did not object to procedure; appellant forfeited all but plain error regarding trial court's decision to adopt second-amended-shared-parenting plan when he did not object at a time when the court could have avoided any error, and trial court did not plainly err; appellant forfeited all but plain error regarding his argument that the parties had not reached a meeting of the minds when he did not timely raise this issue, and trial court did not plainly err.AbeleRoss 9/28/2023 10/4/2023 2023-Ohio-3611
Troon Mgt., Ltd. v. Adams Family Trust 22CA19summary judgment, declaratory judgment, quiet title, merger, note, mortgage, joint and several liability, slander of title, motion for reconsiderationHessPickaway 9/28/2023 9/28/2023 2023-Ohio-3489
State v. Barnhart 21CA13By pleading guilty to R.C. 2921.331(B), a defendant admits causing a substantial risk of serious physical harm to persons or property and even if a defendant does not actually cause physical harm, maximum sentence is not clearly and convincingly unsupported by the record or otherwise contrary to law where defendant leads officers on extended fourteen-mile chase in village community at speeds in excess of 90 mph; because R.C. 2921.331(D) provides that where a defendant is sentenced for a third-degree felony failure to comply with an order or signal of a police officer pursuant to R.C. 2921.331(C)(5) based on trial court's finding that the operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property, the offender shall serve the prison term consecutively to any other prison term or mandatory prison term imposed, a trial court is not required to make the usual consecutive findings pursuant to R.C. 2929.14(C)(4).SmithAthens 9/26/2023 9/28/2023 2023-Ohio-3488
State v. Nesbitt 23CA14jury instructions; lesser included offense; felonious assault; negligent assault; manifest weight of the evidence; Reagan Tokes Law; R.C. 2923.13; having weapons under disability; juvenile adjudicationHessRoss 9/25/2023 9/26/2023 2023-Ohio-3434
Gibbs v. Mark Porter Autoplex, Inc. 23CA3summary judgment, expert testimony; Civ.R. 56(C); premises liability; invitee; open and obvious doctrine; attendant circumstances; curb; slopeHessMeigs 9/25/2023 9/27/2023 2023-Ohio-3460
State v. Myers 22CA15Traffic, Speedy Trial, R.C. 2945.71 et seq., Traf.R. 18, Because statutory speedy trial limits had expired at the time Myers filed his motion to dismiss based upon speedy trial grounds, the trial court erred in denying his motion.SmithAthens 9/22/2023 9/25/2023 2023-Ohio-3413
State v. McFarland 22CA13Pandering sexually oriented material involving a minor; consecutive sentence; jointly recommended sentence; consecutive sentence findingsWilkinRoss 9/21/2023 9/28/2023 2023-Ohio-3499
State v. Depriest 22CA15Defendant's domestic violence conviction was not against the manifest weight of the evidence.AbeleWashington 9/19/2023 9/25/2023 2023-Ohio-3430
State v. Stevens 21CA9Appellant did not demonstrate actual prejudice due to counsel's failure to file a motion to dismiss due to preindictment delay where although witnesses had died during intervening years, claims that said witnesses could have given pertinent testimony were only speculative and Appellant failed to show how testimony would have minimized or eliminated the impact of the state's evidence and bolstered Appellant's defense; although cell phone records were not authenticated as business records pursuant to Ohio Evid.R. 803(6), the trial court did not commit plain error where Appellant failed to demonstrate a reasonable probability that, but for the court's erroneous admission, the outcome of trial would have been different; Appellant could be convicted of firearm specification where he was convicted as a complicitor to burglaries where firearms were under the control of actual perpetrators during commission of burglary.SmithHocking 9/14/2023 9/15/2023 2023-Ohio-3280
In re J.C. 23CA920Trial court did not err in awarding legal custody to maternal grandparents where the record establishes court did not abuse its discretion with regard to its best interest analysis and Appellant's focus on one factor in isolation is contrary to the totality of the circumstances approach that trial court's apply when evaluating a child's best interest; parents' case plan compliance may be relevant but is not necessarily conclusive when evaluating a child's best interest; trial court is in best position to assess maternal grandmother's credibility and this court has no basis to conclude trial court incorrectly discredited testimony; where Appellant has not raised any other specific arguments regarding the trial court's best interest determination, appellate court need not independently analyze trial court's best interest determination.SmithPike 9/14/2023 9/18/2023 2023-Ohio-3299
In re K.M. 23CA9, 23CA10, 23CA11, 23CA12, 23CA13permanent custody, manifest weight of the evidence, R.C. 2151.414(B)(1)(d); R.C. 2151.414(B)(2); R.C. 2151.414(E)(1); reasonable efforts; best interest; legally secure permanent placementHessLawrence 9/11/2023 9/11/2023 2023-Ohio-3203
State v. Cihon 22CA13Trial court did not err in imposing consecutive sentences after community control revocation hearing; no error in denying appellate counsel a copy of defendant's pre sentence investigation report.AbeleGallia 8/28/2023 9/5/2023 2023-Ohio-3108
State v. McDaniel 22CA9Trial court did not abuse its discretion when it denied appellant's postconviction relief petition without a hearing and failed to file findings of fact and conclusions of law, but remand to trial court to modify judgment to reflect dismissal.AbeleMeigs 8/24/2023 8/31/2023 2023-Ohio-3051
State v. Taylor 21CA13Res judicata bars appellant's motion to suppress evidence and motion for a Franks hearing.AbeleLawrence 8/22/2023 8/28/2023 2023-Ohio-2994
State v. Taylor 21CA14Res judicata barred appellant's motion for new trial.AbeleLawrence 8/22/2023 8/28/2023 2023-Ohio-2995
State v. Stevers 22CA11Trial court did not err in denying appellant's motion to continue community control revocation hearing and counsel was not ineffective.AbeleAthens 8/22/2023 8/31/2023 2023-Ohio-3050
State v. Bailey 22CA10ineffective assistance; jointly recommended sentence; breach of plea agreement; prejudiceHessLawrence 8/17/2023 8/21/2023 2023-Ohio-2919
In re A.W.E-M. 22CA9Nunc pro tunc; magistrate’s decision; Civ.R. 53; unenforceable stipulationHessAthens 8/16/2023 8/18/2023 2023-Ohio-2896
State v. Carpenter 22CA24Crim.R 11. Nonconstitutional rights. Maximum Sentence. Sex Offender Classification. Trial court substantially complied with Crim.R. 11(C) as to the duty to notify Appellant of his maximum sentence, a nonconstitutional right, when court briefly explained that as part of Appellant's sentence he would be classified as Tier I sex offender but did not explain the specific registration duties until sentencing.SmithWashington 8/7/2023 8/15/2023 2023-Ohio-2838
State v. Carver 19CA17Criminal. Procedure on reopened appeal. App.R. 26(B)(9). Appellate court has no choice but to confirm prior judgment where, on reopened appeal allowed by App.R. 26(B), Appellant fails to argue that appellate counsel's assistance was ineffective as required by the two-part process described in App.R. 26(B)(9) and set forth in State v. Leyh, 166 Ohio St.3d 365, 2022-Ohio-292, 185 N.E.3d 1075, and State v. Calhoun, 9th Dist. Summit No. 29604, 2022-Ohio-4269.SmithHighland 8/7/2023 8/15/2023 2023-Ohio-2839
Smith v. Nelsonville 22CA4Administrative Appeal. Removal of Elected Official from Office. City council must act in strict compliance with the city charter; because council failed to strictly comply with the process for removal of an elected official, appellee's removal from office was a nullity.SmithAthens 8/7/2023 8/15/2023 2023-Ohio-2844
State v. Bennett 21CA3751Rape; force; sufficiency; manifest weight; hearsay; for the truth of the matter asserted; excited utterance; testimony to explain police conduct; probative value; unfair prejudice; abuse of discretion; ineffective assistance of counsel; failure to object to hearsay; prejudice; Evid.R. 801(C); Evid.R. 802; Evid.R. 803(2); R.C. 2901.01(A)(c); R.C. 2907.02(A)(2)WilkinRoss 8/2/2023 8/7/2023 2023-Ohio-2734
State v. Conn 23CA1163obstructing official business; merger; R.C. 2941.25; plain error; consecutive sentences; R.C. 2929.14(C)(4)HessAdams 7/27/2023 8/1/2023 2023-Ohio-2669
In re S.M. 23CA4Legal custody—trial court did not err by awarding legal custody to nonparents when children had been adjudicated dependent and when legal custody to nonparents is in children's best interests; trial court need not find parent unsuitable before awarding legal custody of an adjudicated dependent child to a nonparentWilkinHighland 7/27/2023 8/3/2023 2023-Ohio-2686
Mace v. Mace 23CA700Mootness-appeal moot because appellate court could not afford appellant any effective relief when real property had been transferred and sale proceeds had been distributed.AbeleVinton 7/27/2023 8/9/2023 2023-Ohio-2761
Buffenbarger v. Estate of Meyer 22CA10Will contest-appellants did not produce any evidence to create genuine issues of material fact regarding validity of will; none of appellants' deposition testimony was based upon personal knowledge; instead, appellants' testimony consisted of speculation and innuendo.AbeleHighland 7/26/2023 10/5/2023 2023-Ohio-2760
State v. Brown 23CA1161domestic violence; R.C 2919.25; guilty plea; knowingly, intelligently, and voluntarily; penalty enhancementsHessAdams 7/24/2023 7/24/2023 2023-Ohio-2537
Sowards v. Sowards 22CA918contempt, attorney fees, abuse of discretionHessPike 7/19/2023 7/24/2023 2023-Ohio-2538
Martin v. Ohio Univ. 22CA14without prejudice; final appealable order; standing, mootness, failure to state a claim; Civ.R. 12(B)(6) motion to dismiss; R.C. 3337.01; R.C. 3345.021; R.C. 3709.212; coercion; R.C. 2905.12; discrimination; R.C. 3792.04HessAthens 7/19/2023 7/21/2023 2023-Ohio-2511
State v. Sheets 21CA6CRIMINAL-COMPLICITY - The trial court did not err in denying the defendant's motion to suppress where the statements made were voluntary and because there was no evidence of coercive police activity; the evidence presented at trial, if believed, could support a finding of guilt beyond a reasonable doubt as to the complicity to aggravated murder and murder charges, including that the offenses were committed with prior calculation and design; however evidence that the defendant was seen with a gun at the scene of the crime, coupled with the fact that law enforcement never recovered the gun, does not constitute sufficient evidence to support a conviction for tampering with evidence; trial court did not err in refusing to merge the sentences for attempted murder and felonious assault where the offenses were committed with a separate animus, different conduct, and resulted in separate harm.SmithJackson 7/18/2023 7/27/2023 2023-Ohio-2591
State v. Sheets 22CA1CRIMINAL - PROTESTATION OF INNOCENCE - SIERAH'S LAW - R.C. 2903.42(A)(1) - The trial court did not err in proceeding to impose sentence where the defendant's alleged protestation of innocence occurred during the sentencing phase rather than the plea phase of the hearings; under Sierah's Law, trial court's failure to advise an offender regarding the process for rebutting the presumption of enrollment in the violent offender database constitutes reversible error.SmithJackson 7/18/2023 7/27/2023 2023-Ohio-2592
In re D.H. 23CA1 & 23CA5permanent custody; continuance; abuse of discretion; best interest of the child; relative placement; child wishes; R.C. 2151.411; R.C. 2151.414HessHocking 7/11/2023 7/12/2023 2023-Ohio-2368
State v. Shuler 22CA8CRIMINAL-FELONY SENTENCING-MAXIMUM SENTENCE-R.C. 2953.08(G)(2) - R.C. 2953.08(G)(2) does not allow an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and R.C. 2929.12; appellate courts cannot review a felony sentence where the appellant's sole contention is that the trial court improperly considered the factors of R.C. 2929.11 and R.C. 2929.12 when fashioning the sentence.SmithMeigs 7/11/2023 7/17/2023 2023-Ohio-2444
State v. Hazelton 22CA18CRIMINAL-KNOWING AND VOLUNTARY PLEA - Although Appellant may have subjectively believed he would be granted intervention in lieu of conviction, Appellant did not demonstrate his plea was less than knowing, intelligent or voluntary where record supports conclusion that a grant of intervention in lieu was not a part of Appellant's plea agreement and also supports conclusion that trial court substantially complied with informing him of consequences of plea; nothing in the language of the intervention in lieu of conviction statute, R.C. 2951.041 supports an interpretation that a court must vacate a plea following denial of a motion for intervention in lieu of conviction.SmithWashington 7/10/2023 7/20/2023 2023-Ohio-2498