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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Clark
| 23CA20 | CRIMINAL, PLEAS, CRIM.R. 11(C)(2), Reagan Tokes R.C. 2929.19(B)(2)(c) - No authority suggests that Reagan Tokes notifications, R.C. 2929.19(B)(2)(c) notifications does not invalidate an appellant's otherwise knowing, intelligent, and voluntary plea. | Smith | Pickaway |
10/7/2024
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10/11/2024
| 2024-Ohio-4930 |
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State v. Thompkins
| 22CA11 | Aggravated trafficking in drugs; methamphetamine; motion to continue trial; motion to substitute counsel; counsel of choice; abuse of discretion; motion to suppress; probable cause; reasonable articulable suspicion; traffic stop; car-length rule; ineffective assistance of counsel; counsel’s failure to file a motion to suppress search of bag in trunk of vehicle; counsel’s failure to retain DNA/fingerprint expert; counsel’s failure to call witnesses; counsel’s failure to inform defendant of no contest plea option; counsel’s failure to question during voir dire of potential racial prejudice and jury’s opinion if defendant does not testify; “trial tax” of imposing a sentence greater than plea offer; and Reagan Tokes Act unconstitutional – violates separation-of-power, right to a jury trial, and due process | Wilkin | Pickaway |
10/3/2024
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10/11/2024
| 2024-Ohio-4927 |
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State v. Nussbaum
| 23CA20 | Defendant waived for appellate review the issue as to whether his speedy trial rights were violated and defense counsel's failure to file a motion to dismiss on speedy trial grounds was not ineffective assistance of counsel. | Abele | Gallia |
9/20/2024
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9/26/2024
| 2024-Ohio-4688 |
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State v. Bailey
| 23CA1182 | Record supports imposition of consecutive sentences. | Abele | Adams |
9/19/2024
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9/24/2024
| 2024-Ohio-4641 |
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State v. McKinney
| 23CA21 | Ineffective assistance of counsel-trial counsel did not fail to provide the effective assistance of counsel-sufficient evidence supported appellant's eight rape convictions and convictions were not against the manifest weight of the evidence; the victim testified that appellant engaged in eight distinct acts of rape and appellant admitted that he had engaged in fellatio and vaginal intercourse with the victim-allied offenses of similar import-the trial court did not plainly err by failing to merge eight rape offenses when evidence failed to show that appellant committed the offenses separately or with a separate animus. | Abele | Lawrence |
9/17/2024
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9/24/2024
| 2024-Ohio-4642 |
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State v. Dunn
| 24CA2 | Prosecution did not vouch for expert witness, trial counsel did not render ineffective assistance of counsel by stipulating to prior conviction in weapons under disability trial, and no cumulative error occurred. | Abele | Jackson |
9/10/2024
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9/17/2024
| 2024-Ohio-4555 |
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State v. Bennett
| 23CA4 | Trial court did not err when it denied appellant's post-judgment Crim.R. 29(C) motion or his Crim.R. 33 motion for new trial. | Abele | Lawrence |
9/10/2024
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9/17/2024
| 2024-Ohio-4557 |
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State v. Pettiford
| 23CA16 | administration of oath; Evid.R. 603; R.C. 2317.30; Other-acts evidence; Evid.R. 702(C); consecutive sentences; R.C. 2929.14; cumulative error doctrine | Hess | Highland |
9/3/2024
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9/9/2024
| 2024-Ohio-4447 |
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In re W.V.
| 24CA1199 | permanent custody; best interest of the child; case plan; domestic abuse; wishes of the child; custodial history; legally secure permanent placement | Hess | Adams |
9/3/2024
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9/9/2024
| 2024-Ohio-4446 |
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State v. Walker
| 23CA13 | Trial court did not apply the wrong legal standard, may impose supervisory costs for costs associated with post-release control, but cause remanded for consideration of State v. Taylor, 2020-Ohio-6786. | Abele | Gallia |
9/2/2024
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9/10/2024
| 2024-Ohio-4469 |
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Ohio Power Co. v. Burns
| 23CA23, 23CA24, 23CA25, 23CA26 | eminent domain; taking; easement; necessary; appropriation; R.C. 163.09; R.C. 163.21; attorney fees; property specific review; herbicides; distribution lines; rebuttable presumption; anti-abandonment clause; de novo review; some competent and credible evidence; clear error | Hess | Washington |
8/28/2024
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9/3/2024
| 2024-Ohio-3364 |
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State v. Sillman
| 23CA4038 | guilty pleas; knowing, intelligent, and voluntary; Crim.R. 11; denial of continuance; abuse of discretion; ineffective assistance of counsel; motion to withdraw guilty pleas | Hess | Scioto |
8/28/2024
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9/3/2024
| 2024-Ohio-3363 |
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State v. Elliott
| 24CA2 | void; voidable; petition for postconviction relief; R.C. 2953.21; untimely; res judicata | Hess | Highland |
8/28/2024
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9/3/2024
| 2024-Ohio-3362 |
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State v. Thompson
| 23CA18 & 23CA19 | CRIMINAL-REVOCATION OF COMMUNITY CONTROL-CONSECUTIVE SENTENCING - A trial court may only require that a reserved prison term be served consecutively to any other sentence then existing or then being imposed if the trial court, at the time it orifinally imposed community control, notified the offender that consecutive sentences upon revocation of community control were a possibility; the trial court sufficiently notified the defendant that imposition of consecutive sentences was a possibility should her community control be revoked. | Smith | Washington |
8/22/2024
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9/3/2024
| 2024-Ohio-3361 |
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In re J.P.R.
| 24CA4 & 24CA5 | PERMANENT CUSTODY - Paternal grandparents lacked standing to appeal trial court's judgment placing grandchildren in the agency's permanent custody where grandparents were not parties to the proceedings below. | Smith | Washington |
8/22/2024
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9/3/2024
| 2024-Ohio-3380 |
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State v. Peterson
| 21CA3973 | Guilty plea; Crim.R. 11(C); constitutional rights; non-constitutional rights; nature of the offense; substantial compliance; totality of the circumstances; prejudice; de novo; forfeiture of contraband; R.C. 2981.01-05; R.C. 2941.1417; abandonment of property; plain error | Wilkin | Scioto |
8/20/2024
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8/27/2024
| 2024-Ohio-3276 |
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State v. Raines
| 23CA14, 23CA15 | violating a protection order; R.C. 2919.27(A)(1); R.C. 2919.27(A)(2); R.C. 2919.26; ineffective assistance; guilty plea; knowing; intelligent; voluntary; Crim.R. 11(C)(2)(a); nature of the charges; consecutive sentences; jail-time credit | Hess | Gallia |
8/19/2024
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8/26/2024
| 2024-Ohio-3236 |
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In re H.F.
| 24CA4062, 24CA4063, 24kCA4064 | Permanent-custody processing-failure to object to magistrate's decision waives all but plain error on appeal regarding trial court's decision to place children in agency's permanent custody; trial court did not plainly err by determining that placing children in the agency's permanent custody is in their best interests. | Abele | Scioto |
8/16/2024
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8/27/2024
| 2024-Ohio-3265 |
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Gemmell v. Anthony
| 22CA5 | Contempt; receivership; receiver; authority; subject-matter jurisdiction; final judgment; standing; judgment creditor; purge conditions | Hess | Hocking |
8/14/2024
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8/16/2024
| 2024-Ohio-3129 |
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Elliott v. Bobb
| 22CA12 | Motion for relief from judgment; Civ.R. 60(B); Civ.R. 36(A)(1); abuse of discretion; due diligence; res judicata; newly discovered evidence; excusable neglect; sanctions, and App.R. 23. | Wilkin | Ross |
8/9/2024
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8/15/2024
| 2024-Ohio-3095 |
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State v. Avery
| 23CA4012 | Trafficking in drugs; tampering with evidence; guilty plea; postsentence motion to withdraw guilty plea; manifest injustice; ineffective assistance of counsel; res judicata; Crim.R. 32.1. | Wilkin | Scioto |
8/5/2024
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8/14/2024
| 2024-Ohio-3094 |
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State v. McIntosh
| 23CA6 | CRIMINAL-OBSTRUCTING OFFICIAL BUSINESS-AFFIRMATIVE ACT - State did not present evidence by which any rational trier of fact could have found beyond a reasonable doubt proof of affirmative act as required by R.C. 2921.31(A), Obstructing Official Business, where evidence demonstrated only that Appellant and another person, both who had permission to be inside apartment, failed to open door after officers knocked, announced, and requested entry. | Smith | Gallia |
7/31/2024
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8/6/2024
| 2024-Ohio-2979 |
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State v. Wilson
| 23CA21 | R.C. 2919.22(A); endangering children; sufficiency of the evidence; manifest weight of the evidence; substantial risk | Hess | Highland |
7/30/2024
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8/5/2024
| 2024-Ohio-2951 |
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Hadley v. Valkenburgh
| 23CA15 | A person must be a party to a case, or have attempted to intervene, to have standing to appeal from an adverse judgement. | Abele | Athens |
7/30/2024
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8/7/2024
| 2024-Ohio-2990 |
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In re A.B.
| 24CA3 | R.C. 2151.414(B)(1)(d); R.C. 2151.414(D)(1); R.C. 2151.414(E)(11); home cleanliness; hearsay; credibility; Fifth Amendment; adverse inference; refusal to testify; best interest; legally secure permanent placement | Hess | Highland |
7/30/2024
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8/5/2024
| 2024-Ohio-2952 |
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State v. Woods
| 23CA23 | A defendant must be advised of all sentencing notifications at the sentencing hearing and in the court's sentencing entry. | Abele | Ross |
7/25/2024
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8/7/2024
| 2024-Ohio-2991 |
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Malone v. Cremeans
| 23CA3 | No final, appealable order when court's judgment was too confusing, contradictory, and ambiguous. | Abele | Athens |
7/25/2024
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8/7/2024
| 2024-Ohio-2989 |
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State v. Collins
| 23CA13 | Appellant entered a knowing, intelligent and voluntary plea and the trial court did not err when it imposed consecutive sentences. | Abele | Highland |
7/25/2024
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7/31/2024
| 2024-Ohio-2891 |
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State v. Dawson
| 23CA11 | Trial court did not err when it accepted appellant's Alford plea | Abele | Washington |
7/25/2024
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8/6/2024
| 2024-Ohio-2968 |
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Southworth v. Southworth
| 23CA922 | DIVORCE-CONTEMPT-MARITAL PROPERTY - Trial court did not abuse its discretion by finding Wife in contempt of Divorce Decree where clear and convincing evidence established that Wife knew of court order and failed to comply by attempting to sell marital home instead of refinancing property in her own name. | Smith | Pike |
7/25/2024
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8/5/2024
| 2024-Ohio-2950 |
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Ark Advanced Remediation, L.L.C. v. Watson
| 22CA15 | attorney’s motion to withdraw; prejudice; continuance of trial date; Unger factors; directed verdict; oral contract | Hess | Gallia |
7/24/2024
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7/30/2024
| 2024-Ohio-2874 |
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State v. Sines-Riley
| 22CA3984, 22CA3985, 22CA3986 | sufficiency of the evidence; theft; value of stolen property; R.C. 2913.02; R.C. 2913.61(D); fair market value; replacement value; breaking and entering; vandalism; merger; sentencing; possessing criminal tools | Hess | Scioto |
7/24/2024
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7/29/2024
| 2024-Ohio-2860 |
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Palomino v. Palomino
| 23 CA 1181 | The trial court erred in its award of child support, spousal support, and division of marital assets. Additionally, the trial court lacked jurisdiction to attempt to correct the deficiencies in the divorce decree after appellant had perfected an appeal. | Luper Schuster | Adams |
7/23/2024
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7/30/2024
| 2024-Ohio-2873 |
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State v. Jarrells
| 22CA3990 | Breaking and entering, R.C. 2911.13; theft from a protected class, R.C. 2913.02; sufficiency of the evidence; manifest weight of the evidence, direct evidence, circumstantial evidence; ineffective assistance of counsel; leading questions | Wilkin | Scioto |
7/15/2024
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7/25/2024
| 2024-Ohio-2816 |
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State v. Cook
| 23CA1172 | CRIMINAL; RAPE; DEFINITIONS; VOLUNTARINESS OF PLEA - Change of Plea Hearing Transcript demonstrates that trial court substantially complied with Crim.R. 11(C) to provide Appellant an understanding of the nature of the rape count to which Appellant pled; therefore, Appellant's argument that his plea was not knowing, intelligent, and voluntary is without merit. Appellant's argument that the conduct to which he admitted at plea hearing did not constitute fellatio to support rape conviction is without merit where Appellant admitted to placing his mouth on victim's penis; Appellant's maximum sentence of life in prison without the possibility of parole was not contrary to law where sentence was within statutory range and trial court considered the principles and purposes of sentencing pursuant to R.C. 2929.11 and the recidivism and seriousness factors of R.C. 2929.12; Appellant's argument that the trial court did not consider his military record under R.C. 2929.12(F) is without merit where the record demonstrates that the trial court considered R.C. 2929.12 at the sentencing hearing and in the sentencing transcript and court is not required to explicitly cite R.C. 2929.12(F) on the record to support its consideration. | Smith | Adams |
7/15/2024
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7/24/2024
| 2024-Ohio-2798 |
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State v. Bradford
| 24CA1191, 24CA1192, 24CA1193 | guilty plea; Crim R. 11; mandatory postrelease control; knowingly, intelligently, and voluntarily | Hess | Adams |
7/10/2024
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7/15/2024
| 2024-Ohio-2669 |
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State v. Aeh
| 23CA4022 | Statutory speedy trial rights; tolling events | Hess | Scioto |
7/10/2024
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7/26/2024
| 2024-Ohio-2834 |
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State v. Kincaid
| 22CA4 | Trial court did not err in denying motion to suppress evidence collected as a result of the canine sniff of appellant's vehicle after traffic investigation had concluded, nor were Miranda warnings necessary because appellant was not in custodial interrogation. | Abele | Meigs |
7/5/2024
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7/15/2024
| 2024-Ohio-2668 |
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Hoy v. Hoy
| 23CA704 | Divorce; appraisal; valuation of marital property; question of fact; manifest weight of the evidence | Wilkin | Vinton |
6/18/2024
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6/26/2024
| 2024-Ohio-2440 |
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State v. Martin
| 23CA702, 23CA703 | guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2)(c); jury trial; unanimity | Hess | Vinton |
6/18/2024
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6/24/2024
| 2024-Ohio-2408 |
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In re I.G.
| 23CA27 | DELINQUENT CHILDREN - trial court incorrectly determined that it lacked subject-matter jurisdiction due to state's failure to present evidence at the adjudicatory hearing to establish that the child was less than 18 years of age; the record contained documents listing the child's birth date, which showed that she was less than 18 years of age; trial court observed child and never raised any concern that she was not less than 18 years of age; testimony presented at the adjudicatory hearing established that child was a middle school student. | Smith | Pickaway |
6/12/2024
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6/18/2024
| 2024-Ohio-2335 |
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State v. Martin
| 23CA3 | In State v. Rhodes, 2 Ohio St.3d 74, 442 N.E. 2d 1299 (1982), the Supreme Court of Ohio explained that "for purposes of determining the commission of a theft offense under R.C. 2913.01, one need not hold a certificate of title to be in lawful possession of a motor vehicle" and the identity of the holder of a certificate of title to a motor vehicle is not the controlling issue. Thus, where it was up to the jury to determine the credibility of the witnesses and to resolve any conflicts in evidence, we cannot find that the jury clearly lost its way and created a manifest miscarriage of justice requiring reversal of Appellant's conviction for grand theft of a motor vehicle although motorcycle at issue was still titled in her name; where essence of theft offense is the wrongful taking by the defendant, trial court did not err in denying Appellant's Crim.R. 12(C) motion to dismiss when it would have been premature for the trial court to determine whether the State could satisfy its burden of proof and to rule on issues of fact; trial court did not abuse its discretion in granting the State of Ohio's motion in limine requesting exclusion of evidence regarding civil remedies Appellant could have availed herself of where said evidence would have added to confusion and had a genuine potential to mislead the jurors; while prosecutor improperly accused Appellant and her son of lying multiple times, prosecutor's remarks constituted harmless error where, had the remarks not been made and had her son not testified, Appellant would still have been convicted of grand theft and breaking and entering based on testimony of other witnesses and documentary evidence presented at trial; because the record does not contain evidence that the trial court considered Appellant's present and future ability to pay a financial sanction and because the record contains not testimony as to the amount of storage fees to be paid and as to the identity of the person or entity to be paid, restitution order is reversed and remanded for consideration of the issues. | Smith | Highland |
6/12/2024
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6/18/2024
| 2024-Ohio-2334 |
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State v. Darrington
| 22CA4007 | CRIMINAL-VOLUNTARINESS OF PLEA-JOINTLY RECOMMENDED SENTENCE - A trial court is not bound by a sentencing recommendation; no reversible error occurs when it is determined that a trial court sufficiently warned a defendant that a harsher sentence may be imposed than the one agreed upon if certain conditions are not met, or if certain events occur, between the plea and sentencing hearings. | Smith | Scioto |
6/12/2024
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6/17/2024
| 2024-Ohio-2299 |
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State v. Underwood
| 21CA3974 | Jury instructions; self defense; defense of others; sufficiency of the evidence; manifest weight of the evidence; firearm specification; operability of firearm; ineffective assistance of counsel; cumulative error doctrine; expert witness; legal strategy; inferior offenses; aggravated assault; complicity | Hess | Scioto |
6/11/2024
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6/13/2024
| 2024-Ohio-2273 |
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In re Guardianship of Baker
| 23CA13 | R.C. 2111.02; abuse of discretion; third-party guardian; incompetent; application for guardianship; best interests; clear and convincing evidence; stranger as guardian | Wilkin | Athens |
6/11/2024
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6/20/2024
| 2024-Ohio-2350 |
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In re A.W.
| 23CA18 & 23CA19 | Permanent custody—trial court's decision to grant agency permanent custody of the mother's two children was not against the manifest weight of the evidence; guardian ad litem's alleged failure to comply with Sup.R. 48.03 did not constitute reversible error | Wilkin | Hocking |
6/4/2024
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6/12/2024
| 2024-Ohio-2243 |
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Gaffin v. Haslam
| 23CA1180 | statute of repose; statute of limitations; legal malpractice; fraud; breach of fiduciary duty | Hess | Adams |
5/30/2024
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6/3/2024
| 2024-Ohio-2117 |
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State v. Petrey
| 23CA29 | bill of particulars, plain error, guilty plea, waiver | Hess | Athens |
5/30/2024
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6/3/2024
| 2024-Ohio-2118 |
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State v. Remy
| 23CA705 | jurisdiction; final appealable order; R.C. 2505.02; Crim.R. 32(C); judgment of conviction; counts remain unresolved | Hess | Vinton |
5/30/2024
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6/3/2024
| 2024-Ohio-2119 |
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State v. Williams
| 22CA16 | Operating a motor vehicle while under the influence of alcohol or drugs (OVI); traffic stop; marked lane violation; motion to suppress; Fourth Amendment of the United States Constitution; probable cause; reasonable and articulable suspicion; dash-camera video; credibility of witnesses; R.C. 4511.33(A)(1) | Wilkin | Pickaway |
5/28/2024
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6/4/2024
| 2024-Ohio-2146 |
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