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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Havens 21CA3745Speedy Trial, Sixth Amendment of the United States Constitution; Section 10, Article I of the Ohio Constitution; R.C. 2945.71; competent credible evidence; de novoWilkinRoss 5/19/2022 5/23/2022 2022-Ohio-1712
State v. Russell 21CA3750Drug possession-sufficiency of the evidence-state presented sufficient evidence to establish that appellant knowingly possessed a controlled substance, that possession voluntary, and that amount of drug possessed equaled or exceeded 10 grams but less than 50 grams; R.C. 2945.75-verdict form complied with statute when it included degree of offense within the caption of verdict form; admissibility of evidence-trial court did not abuse its discretion by allowing state to introduce evidence that a large amount of cash was found on appellant and that a digital scale was found in the motel room; ineffective assistance of counsel-trial counsel not ineffective for failing to request a voluntary-possession instruction.AbeleRoss 5/19/2022 5/25/2022 2022-Ohio-1746
Bennett v. Ohio Dept. of Edn. 21CA3948Trial court did not abuse its discretion when it failed to require an administrative agency to procure confidential records or when it affirmed the quashing of subpoenas. Trial court did not abuse its discretion when it determined that an administrative agency's decision did not violate appellant's substantive due process rights.AbeleScioto 5/18/2022 5/25/2022 2022-Ohio-1747
Clay v. Clay 21CA3944MODIFICATION OF CHILD SUPPORT FOR ADULT DISABLED CHILDREN - Res judicata did not apply to prevent reimposition of father's child support obligation for the benefit of his adult, allegedly-disabled son; however the trial court abused its discretion, in ordering child support considering the lack of evidence in the record regarding the nature and extent of the parties' adult son's disability.SmithScioto 5/18/2022 5/23/2022 2022-Ohio-1728
State v. Edwards 21CA3953CRIMINAL-INEFFECTIVE ASSISTANCE-KNOWING AND INTELLIGENT PLEA - Where Appellant's plea is knowing and intelligent, Appellant's argument that his counsel was deficient for failing to communicate with him and failing to advise him of his options has no merit; Appellate court may not consider affidavit containing evidence outside of the record to support ineffective assistance of counsel claim, and postconviction petition, not direct appeal, is proper vehicle for claim of ineffective assistance based on evidence outside of the trial court record.SmithScioto 5/18/2022 5/23/2022 2022-Ohio-1725
State v. Payton 21CA3952Postconviction relief - Trial court lacked jurisdiction to entertain vague constitutional claims raised in Appellant's postconviction motion and said claims should have been dismissed; Appellant waived "Megan's Law" argument raised first time on appeal and argument was also barred by res judicata; "Megan's Law" notification requirements were collateral in nature and not part of Appellant's criminal sentence.SmithScioto 5/13/2022 5/23/2022 2022-Ohio-1726
Eitel's Towing Serv., Inc. v. D H Trucking, Inc. 21CA3753Motion for Relief from Judgment, Civ.R. 60(B), Excusable Neglect; Abuse of DiscretionWilkinRoss 5/11/2022 5/16/2022 2022-Ohio-1639
State v. Cline 21CA9, 21CA10, 21CA11 & 21CA12Trial court did not err in denying appellant's application to seal a criminal record under R.C. 2953.32 because he is not an eligible offender.AbeleWashington 5/10/2022 5/16/2022 2022-Ohio-1632
State v. Brodt 21CA1140sentencing; R.C. 2929.11; R.C. 2929.12; R.C. 2953.08(G)(2)HessAdams 5/4/2022 5/6/2022 2022-Ohio-1528
In re J.B. 21CA12permanent custody; motion to intervene; standing; plain error; manifest weight of the evidence; R.C. 2151.414(B)(1)(d); best interest; legally secure permanent placement; suitable relativeHessJackson 5/4/2022 5/6/2022 2022-Ohio-1529
In re A.P. 21CA14 & 21CA15Permanent custody-trial court's decision to award children services agency permanent custody of not against the manifest weight of the evidence; any purported Sup.R. 48.06 inadequacies in GAL's report not reversible error; trial counsel not ineffective for failing to call GAL as a witness.AbeleGallia 5/4/2022 5/11/2022 2022-Ohio-1577
State v. Johnson 20CA11Revoke community control; community-control terminated; sentence served; and mootWilkinHocking 5/3/2022 5/5/2022 2022-Ohio-1511
Vernell v. Vernell 21CA2Modify spousal support; abuse of discretion; change of circumstances-retirement; income; annuity as income; new spouse’s income; medical malpractice settlement; assets; standard of living; expenses; details sufficient for a reviewing court; R.C. 3105.18(C)(1); R.C. 3105.18(F)(1)WilkinAthens 5/2/2022 5/5/2022 2022-Ohio-1510
State v. Johnson 20CA3935Trial court did not err in pretrial disqualification of attorney due to serious potential for conflict in dual representation.AbeleScioto 4/28/2022 5/4/2022 2022-Ohio-1479
State v. Jordan 20CA3936Trial court did not err in pretrial disqualification of attorney due to serious potential for conflict in dual representation.AbeleScioto 4/28/2022 5/4/2022 2022-Ohio-1480
State v. Harden 21CA2R.C. 2152.121(B)-reverse-transfer amenability decisions; trial court did not plainly err by considering appellant's age at the time of amenability hearing, rather than at the time of probable cause hearing; trial court did not plainly err by failing to apply a clear-and-convincing-evidence standard of proof when evaulating appellant's amenability to treatment within the juvenile sysyem; trial court did not plainly err by failing to consider all dispositional options available within the juvenile system when considering reverse-transfer amenability hearing under R.C. 2152.121 (B)(3)(b); trial counsel did not provide ineffective assistance of counsel for failing to advocate for a new standard of proof that applies to amenability decisions or by failing to ask the court to consider imposing an SYO dispositional sentence.AbelePickaway 4/27/2022 5/2/2022 2022-Ohio-1436
State v. Malone 21CA9Ineffective assistance of counsel-trial counsel did not perform ineffectively by failing to file affidavit of indigency before sentencing and asking court to waive mandatory fine when appellant failed to establish reasonable probability that trial court would have found appellant lacked future ability to pay mandatory fine; motion to suppress evidence-trial court did not err by overruling appellant's motion to suppress evidence discovered inside locked safe located within appellant's vehicle when officer had probable cause to search entire vehicle and its contents for evidence of criminal activity; manifest weight of the evidence-second-degree-felony aggravated drug possession conviction not against the manifest weight of the evidence even though appellant testified that he did not possess quantity of drugs needed to establish second-degree-felony; state's witness testified that appellant possessed requisite quantity.AbeleLawrence 4/21/2022 4/28/2022 2022-Ohio-1409
State v. Bontrager 21CA1139allied offenses of similar import; R.C. 2925.03(A)(1); trafficking; R.C. 2925.11(A); possession; R.C. 2903.04(A); involuntary manslaughter; R.C. 2925.02(A)(5); corrupting another with drugs; predicate offense; unlawful termination of another's pregnancy; consecutive prison terms; App.R. 12(A)(1)(c); Reagan Tokes Law; separation of powers; due processHessAdams 4/19/2022 4/25/2022 2022-Ohio-1367
In re B.C. 21CA18JUVENILE - Because juvenile courts have broad discretion in fashioning rehabilitative dispositions and because the juvenile sentencing statutes do not obviously prohibit juvenile courts from committing a child to the legal custody of DYS and also imposing community control, the trial court did not commit plain error by imposing a DYS commitment followed by a period of court-supervised probation after his release from DYS.SmithWashington 4/15/2022 4/19/2022 2022-Ohio-1298
McCloud v. Baker 21CA3CIVIL STALKING PROTECTION ORDER - Appellate court must defer to trial court on credibility determinations and trial court did not abuse its discretion in finding Appellant engaged in a pattern of conduct which caused Appellee mental distress and thus did not abuse its discretion in granting Appellee's request for civil stalking protection order.SmithHocking 4/15/2022 4/20/2022 2022-Ohio-1307
Zimmerview Dairy Farms, L.L.C. v. Protege Energy III., L.L.C. 21CA1CIVIL-BREACH OF CONTRACT-CONVERSION - Where language of lease agreement was open-ended and ambiguous regarding Appellant's duty to restore Appellee's farm property after conducting oil and gas operations, trial court properly allowed extrinsic evidence which supported trial court's finding that Appellant had a continuing duty to repair property; trial court's finding that Appellant's failure to leave topsoil stockpile intact constituted a breach of contract language, and that Appellant's use of topsoil stockpile in furtherance of its cleanup/reclamation efforts constituted conversion was well-reasoned interpretation of contract language; where trier of fact is free to believe or disbelieve Appellee's claim for damages, trial court did not abuse its discretion in making damage award; where Appellant could have easily added pro rata language to "Additional Rents" clause, trial court properly found clear and ambiguous language of clause supported Appellee's claim for annual lump sum payment.SmithWashington 4/11/2022 4/18/2022 2022-Ohio-1282
State v. Gavin 21CA3941CRIM.R. 33(B) - The trial court erred to the extent that it denied the defendant's motion for leave to file a motion for new trial as being untimely filed, without considering whether the defendant met the exception to the timely filing requirement; the trial court further erred by applying a reasonability requirement to deny the defendant's motion for leave to file a motion for new trial as untimely, when Crim.R. 33(B) does not contain such a requirement.SmithScioto 4/11/2022 4/19/2022 2022-Ohio-1287
State v. Crisp 21CA3949jail-time credit; R.C. 2967.191; R.C. 2929.19; competent credible evidence; abuse of discretion; res judicataWilkinScioto 4/7/2022 4/13/2022 2022-Ohio-1221
State v. Allen 21CA3736Crim.R. 52(B), plain error, Evid.R. 402, Evid.R. 403(A), Evid.R. 403(B), photographs, manifest weight of the evidence, R.C. 2907.05(A)(4), R.C. 2907.01(B), ineffective assistance, unfair prejudice, cumulative evidenceHessRoss 4/5/2022 4/7/2022 2022-Ohio-1180
State v. Tolbert 21CA2Trial court did not err in permitting indictment amendment or property forfeiture.AbeleWashington 3/31/2022 4/6/2022 2022-Ohio-1159
State v. Mehl 20CA14COMMUNITY CONTROL - A trial court does not abuse its discretion in revoking community control and sentencing an offender to prison where the offender was advised that participation in a particular program is a condition of community control and the offender fails to successfully complete the program.SmithAthens 3/29/2022 4/5/2022 2022-Ohio-1154
Maher v. United Ohio Ins. Co. 20CA11Accident; bodily injury; ecotec rail buggy; ATV; commercial auto insurance policy; breach of contract; bad faith; bifurcate; summary judgment; de novo; abuse of discretion; plain and ordinary meaning of the contract language; covered auto; medical payment coverage; underinsured motorist coverage; uninsured motorist coverage; intent of the parties; Civ. R. 42(B); Civ. R. 56(F); R.C. 2315.21(B)WilkinHighland 3/28/2022 3/28/2022 2022-Ohio-1015
Adams v. Morningstar 21CA5R.C. 2323.51; frivolous conduct; breach of contract; manifestation of mutual assent; consideration; promissory estoppel; reasonable reliance; Prof.Cond.R. 1.5(e)HessPickaway 3/22/2022 3/23/2022 2022-Ohio-918
Hobbs v. Pickaway-Ross Career & Technology Ctr. Bd. of Edn. 21CA3746R.C. 3319.081; termination of non-teaching employees; due process; R.C. 2506.03; administrative appeal; abuse of discretion; stipulation; reliable evidence; probative evidence; preponderance of evidence; waiverWilkinRoss 3/21/2022 3/23/2022 2022-Ohio-921
Benchic v. Skaggs 21CA3942R.C. 3109.04(E)(1)(a)-motion to modify prior allocation of parental rights and responsibilities-trial court incorrectly determined date of prior decree allocating parental rights and responsibilities so as to limit appellant's ability to present evidence; trial court incorrectly applied doctrine of res judicata so as to limit appellant's ability to present evidence regarding an issue that the parties had not previously actually litigatedAbeleScioto 3/16/2022 3/23/2022 2022-Ohio-913
Chilli Assocs., Ltd. v. Denti Restaurants, Inc. 21CA3743jurisdiction, R.C. 2505.02, Civ.R. 54(B), no just cause for delay, breach of contract, attorney fees, damages, independent claimHessRoss 3/8/2022 3/17/2022 2022-Ohio-848
State v. Freeman 21CA1141court costs; community service; R.C. 2947.23; shall; mandatory duty; hearingHessAdams 3/2/2022 3/9/2022 2022-Ohio-674
State v. Heid 20CA3926R.C. 2953.21, petition for post-conviction relief; R.C. 149.43, Public Records; R.C. 2303.09; abuse of discretion; res judicata; mootness; App.R. 9(E)WilkinScioto 2/28/2022 3/3/2022 2022-Ohio-630
State v. Brown 20CA3917Postconviction relief petition-appellant failed to establish that he was unavoidably prevented from discovering facts surrounding trial court judge's alcoholism so as to allow the trial court to consider appellant's second postconvictin petitionAbeleScioto 2/18/2022 2/24/2022 2022-Ohio-519
State v. Jones 20CA9Fourth Amendment-traffic stop-trooper possessed reasonable suspicion or probable cause to stop appellant's vehicle to investigate window-tint violation and failure to have proper brake light; trooper did not unlawfully expand scope of traffic stop by searching appellant's vehicle; instead, trooper detected the odor of marijuana before he had completed routine procedures associated with traffic stop and odor of marijuana gave trooper probable cause to search vehicle.AbeleJackson 2/18/2022 2/28/2022 2022-Ohio-561
State v. Hamblin 21CA1136CRIMINAL-POSTCONVICTION - Appellant's application for postconviction relief arguing his sentence was void due to failure to properly impose parole and instead, impose post-release control, is time-barred where it was filed more than 365 days after the filing of the transcript in the direct appeal.SmithAdams 2/15/2022 2/23/2022 2022-Ohio-516
State v. Phillips 20CA3905Trial court did not abuse its discretion in denying defendant's motion to vacate and set aside costs.AbeleScioto 2/11/2022 2/18/2022 2022-Ohio-478
State v. Whitehead 20CA3931Ineffective assistance of counsel-trial counsel not ineffective for failing to file motion to dismiss based on speedy trial grounds, motion to suppress, and motion for separate trial when none of motions had reasonable probability of success; amend indictment-trial court did not plainly err by allowing the state to amend the indictment to charge trafficking in drugs under R.C. 2925.03(A)(2) rather than 2925.03(A)(1) when amendment did not change the name of the offenses or the penalty; sufficiency of the evidence-state presented sufficient evidence to establish that defendant knowingly aided and abetted principal offender in committing trafficking in drugs; defendant's convictions was not against the manifest weight of the evidence; felony sentencing--appellate court could not review defendant's claim that the record does not support the trial court's decision to impose a six-year prison term.AbeleScioto 2/11/2022 2/18/2022 2022-Ohio-479
State v. Barner 19CA11 & 19CA12application to reopen appeal; App.R. 26(B); judgment of conviction; postconviction relief petitionHessMeigs 2/10/2022 2/14/2022 2022-Ohio-432
State v. Moore 20CA10Felonious assault; endangering children; discretionary bindover; probable cause; amenable to rehabilitation within the juvenile justice system; guilty plea; subject-matter jurisdiction; nonjurisdictional errorsWilkinLawrence 2/9/2022 2/16/2022 2022-Ohio-460
State v. Groves 20CA3902Appellant not denied effective assistance of counsel; trial court did not commit plain error when it omitted the R.C. 2923.03(D) instruction.AbeleScioto 2/8/2022 2/14/2022 2022-Ohio-442
State v. Groves 20CA3904Appellant received effective assistance of counsel.AbeleScioto 2/8/2022 2/14/2022 2022-Ohio-443
In re Adoption of C.L.D. 21CA1adoption petition; de minimis contact; justifiable cause; parental consent; App.R. 12(A)(2); App.R. 16(A)(3); App.R. 16(A)(7); R.C. 3107.07(A); abuse of discretion; manifest weight of the evidenceHessGallia 2/4/2022 2/9/2022 2022-Ohio-368
State v. Smith 20CA3934Evidence-trial court did not abuse its discretion by admitting evidence when it was relevant and when probative value did not substantially outweigh any prejudice; sufficiency and manifest weight of the evidence-defendant's convictions not against the manifest weight of the evidence and sufficient evidence supported convictions; evidence showed that defendant rented vehicle in which heroin was discovered and had been in dominion and control of vehicle for about one week; reviewing court will not consider defendant's argument that his possessing criminal tools conviction was inconsistent with trafficking in drugs conviction when defendant failed to cite any authority in support; ineffective assistance of counsel-trial counsel not ineffective for failing to file various motions that did not have a reasonable probability of success; trial counsel not ineffective for failing to object to state's motion to amend indictment when objecting would have been a futile effort; defendant did not establish that eight-year prison sentence clearly and convincingly contrary to law-record did not support claim that trial court acted vindictively due to defendant' s decision to reject state's plea offer and to instead proceed to trialAbeleScioto 2/2/2022 2/10/2022 2022-Ohio-371
Reeves v. Tait 20CA38R.C. 3109.12; R.C. 3109.051; grandparent visitation; standing; de novo reviewWilkinWashington 2/2/2022 2/10/2022 2022-Ohio-393
Wise v. E. Hall Funeral Home, Inc. 21CA6Civ.R. 56; summary judgment; de novo; premises liability; invitee; ordinary care; trivial or minor defect doctrine; open and obvious defect doctrineWilkinLawrence 2/1/2022 2/10/2022 2022-Ohio-394
State v. Meadows 20CA3734SEARCH AND SEIZURE - Trial court did not err in denying motion to suppress where the investigatory stop of the appellant's vehicle was supported by both reasonable suspicion and probable cause and was constitutionally valid where the officer observed a loud exhaust, a marked lanes violation and a turn signal violation; appellant was not in custody and therefore not entitled to Miranda warnings where he was temporarily detained as part of an investigatory stop, despite the fact that he was seated in the cruiser while the trooper searched his vehicle pursuant to a consent search; also, the constitutionality of sentencing pursuant to the Reagan Tokes Act is not yet ripe for review because the appellant has not yet served his minimum prison term.SmithRoss 1/31/2022 2/2/2022 2022-Ohio-287
Greenfield v. Smith 21CA9Center for Disease Control Eviction Moratorium; R.C. 3767.12; Crim.R. 48(B); abuse of discretionHessHighland 1/13/2022 1/20/2022 2022-Ohio-133
State v. Dettwiller 21CA10R.C. 2913.02(A)(1); grand theft of a motor vehicle; sufficiency of the evidence; manifest weight of the evidence; circumstantial evidenceHessHighland 1/13/2022 1/20/2022 2022-Ohio-134
State v. Hughes 21CA1133Trial court did not err in sentencing appellant to serve maximum, consecutive sentences.AbeleAdams 1/7/2022 1/18/2022 2022-Ohio-107
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