| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
In re S.M.S.B.
| 22CA17 | permanent custody; motion for continuance; R.C. 2151.414(B)(1)(b); R.C. 2151.414(B)(1)(d); best interest; abandoned | Hess | Lawrence |
5/3/2023
|
5/8/2023
| 2023-Ohio-1532 |
|
State v. Smith
| 22CA21 | Speedy trial-trial court's entry that recused trial judge extended the time within which to bring defendant to trial even though defendant alleged that trial court had not properly journalized the recusal entry before speedy-trial time had expired; existing record demonstrates that entry filed before speedy-trial time expired. | Abele | Ross |
5/1/2023
|
5/5/2023
| 2023-Ohio-1504 |
|
Ogle v. Hocking Cty. Sheriff
| 22CA9 | mandamus; Ohio Public Records Act; R.C. 149.43; statutory damages | Hess | Hocking |
5/1/2023
|
5/2/2023
| 2023-Ohio-1446 |
|
State v. Latapie
| 21CA12 | R.C. 2953.08(G)(2); Clear and Convincingly Contrary to Law; R.C. 4511.19; R.C. 2929.13; R.C. 2929.14; R.C. 2929.15; R.C. 2929.16; R.C. 2929.17; Community Control; Rule of Lenity, R.C. 2901.04(A); Harmonizing Statutes; Expressio Unius Est Exclusio Alterius | Wilkin | Gallia |
4/28/2023
|
5/5/2023
| 2023-Ohio-1505 |
|
Tayse v. Erdos
| 22CA3993 | HABEAS CORPUS - The failure to comply with the provisions of R.C. 2725.04(D) is fatal to a petition for a writ of habeas corpus; the failure to comply with the provisions R.C. 2969.25(A) also requires the dismissal of an action in habeas corpus; R.C. 2969.25's filing requirements apply to the filing of appeals as well as the filing of petitions at the trial court level and the failure to file an affidavit that contains a description of each civil action or appeal the inmate has filed in the previous five years in support of an appeal creates a procedural defect that requires dismissal of the appeal; the doctrine of res judicata applies to bar the filing of successive petitions for writs of habeas corpus. | Smith | Scioto |
4/28/2023
|
5/8/2023
| 2023-Ohio-1542 |
|
State v. McKinney
| 22CA7 | No final appealable order when criminal counts remain pending. | Abele | Lawrence |
4/27/2023
|
5/12/2023
| 2023-Ohio-1587 |
|
In re E.R.
| 22CA16 | PERMANENT CUSTODY - Because the agency presented substantial clear and convincing evidence that placing the child in the permanent custody of the agency would serve the child's best interests, the judgment of the trial court is not against the manifest weight of the evidence; because Appellant perfected his appeal within 30 days of the trial court's judgment and no other remedy exists, the issue of whether or not the trial court properly notified him of his right to appeal is moot. | Smith | Athens |
4/25/2023
|
5/3/2023
| 2023-Ohio-1468 |
|
State v. Torres
| 21CA3951 | rape, gross sexual imposition, sexual battery, force or threat of force, R.C. 2907.02(A)(2); R.C. 2907.05(A)(1); R.C. 2907.03(A)(3); mistake of fact; jury instruction; insufficient evidence; manifest weight of the evidence | Hess | Scioto |
4/25/2023
|
4/28/2023
| 2023-Ohio-1406 |
|
State v. Rister
| 21CA17 | Reagan Tokes Act, Constitutional; Court Costs, R.C. 2957.23(A)(1(a) and (C); Waiver; Ineffective Assistance of Counsel; Presumption of Reasonable Professional Assistance | Wilkin | Lawrence |
4/18/2023
|
4/21/2023
| 2023-Ohio-1284 |
|
State v. Nesbitt
| 22CA20 | jurisdiction; hanging charges; final appealable order | Hess | Ross |
4/18/2023
|
4/20/2023
| 2023-Ohio-1276 |
|
Sites v. Sites
| 22CA2 | Trial court did not err in denying appellant's Civ.R. 60(B) motion for relief from judgment. | Abele | Lawrence |
4/12/2023
|
4/20/2023
| 2023-Ohio-1278 |
|
State v. Smith
| 22CA4006 | court costs; R.C. 2947.23(A)(1)(a); R.C. 2947.23(C); special project fees; plain error; abuse of discretion; ability to pay | Hess | Scioto |
4/12/2023
|
4/14/2023
| 2023-Ohio-1235 |
|
Kerns v. Hale
| 21CA3970 | Final Appealable Order, Civ.R. 54(B), R.C. 2505.02; Civ.R. 8(A); Negligence Per Se; Assured Clear Distance Ahead, R.C. 4511.21(A) | Wilkin | Scioto |
4/3/2023
|
4/7/2023
| 2023-Ohio-1175 |
|
State v. Sims
| 21CA15 | Rape-trial court did not abuse its discretion by overruling appellant's motion to sever rape charges involving three different incidents and involving three different victims when evidence presented was simple and direct; any error in admitting out-of-court statements as excited utterances harmless error when statements were cumulative to declarant's direct testimony; defendant failed to preserve objection to nurses' testimony recounting victims' narrative during sexual-assault examination when he did not object to specific statements contained in narrative but instead only raised a general objection to the testimony, and any error was harmless error; any error admitting other-acts evidence harmless error when no danger that jury convicted defendant based on other-acts evidence and when other evidence overwhelmingly supports defendant's rape convicctions; trial court did not abuse its discretion by admitting BCI forensic testimony and reports; defendant's conviction not against the manifest weight of the evidence; sufficient evidence supports defendant's conviction; defendant's assertion that trial court failed to properly consider sentencing factors listed in R.C. 2929.11 and 2929.12 not reviewable on appeal. | Abele | Athens |
4/3/2023
|
4/10/2023
| 2023-Ohio-1179 |
|
Chuma v. Patterson
| 21CA12 | Tenants in common; cotenants; exclusive use; partition claim; breach of contract; oral contract; express contract; unjust enrichment; reasonable rental value; justice and equity; meeting of the minds; manifest weight; clear and convincing evidence; preponderance of the evidence; assault; protection order; wrongdoers; R.C. 5307.21 | Wilkin | Pickaway |
3/31/2023
|
4/5/2023
| 2023-Ohio-1128 |
|
State v. Trego
| 22CA18 | motion to suppress; waiver; plain error; inventory search; impoundment; ineffective assistance of counsel; manifest weight of the evidence; R.C. 2925.11(A); knowingly; possess | Hess | Ross |
3/30/2023
|
4/3/2023
| 2023-Ohio-1114 |
|
State v. Ludwick
| 22CA9 | R.C. 2953.21; postconviction relief; abuse of discretion; cumulative error doctrine; hearing | Hess | Highland |
3/29/2023
|
4/3/2023
| 2023-Ohio-1113 |
|
Ehman v. Harvey
| 21CA13 | Trial court did not err in dismissal of R.C. 3111.01 time-barred complaint to establish a father-child relationship. | Abele | Gallia |
3/28/2023
|
4/5/2023
| 2023-Ohio-1129 |
|
Coleman v. Stroup
| 21CA17 | jurisdiction; final appealable order; R.C. 2505.02; Civ.R. 54(B); notice of voluntary dismissal; Civ.R. 41(A)(1)(a); Civ.R. 41(C); App.R. 4(A)(2); App.R. 4(C) | Hess | Pickaway |
3/28/2023
|
3/31/2023
| 2023-Ohio-1080 |
|
Superior Office Space, L.L.C. v. Carpenter
| 22CA1 & 22CA6 | jurisdiction, final appealable order, R.C. 2505.02, Civ.R. 54(B), due process, notice, opportunity to be heard, civil contempt | Hess | Hocking |
3/22/2023
|
3/24/2023
| 2023-Ohio-967 |
|
State v. Dearth
| 23CA2 | pretrial detention; Eighth Amendment; R.C. 2937.222; clear and convincing evidence; standard of review | Hess | Jackson |
3/22/2023
|
3/24/2023
| 2023-Ohio-968 |
|
State v. Jewett
| 22CA4004 | Crim.R. 33(B); motion for new trial; evidentiary hearing; motion for leave | Hess | Scioto |
3/22/2023
|
3/24/2023
| 2023-Ohio-969 |
|
Billman v. Meintel
| 22CA10 | Habeas corpus, remedy in the ordinary course of the law, Civ.R. 12(B)(6), de novo, res judicata, venue, subject matter jurisdiction | Wilkin | Pickaway |
3/20/2023
|
3/23/2023
| 2023-Ohio-922 |
|
In re A.C.
| 22CA20 | Juvenile delinquency—dispositional hearing—trial counsel not ineffective for failing to present evidence to support appellant's request for probation | WIlkin | Washington |
3/15/2023
|
3/21/2023
| 2023-Ohio-902 |
|
State v. Davis
| 21CA6, 21CA7, 21CA8, 21CA9 | INEFFECTIVE ASSISTANCE - Defense counsel did not render ineffective assistance of counsel for failing to raise a statutory speedy trial issue where Appellant was not entitled to utilize triple-count provision of R.C.2945.71(E) because four separate indictments did not arise from one criminal incident and any shared common litigation history likely occurred in the interest of judicial economy. | Smith | Meigs |
3/13/2023
|
3/17/2023
| 2023-Ohio-867 |
|
In re S.W.
| 22CA9 & 22CA10 | PERMANENT CUSTODY - A trial court may base its decision that a child cannot or should not be placed with either parent within a reasonable time upon the existence of any one of the R.C. 2151.414(E) factors; the trial court's findings that Appellant failed to substantially remedy the conditions that led to the child's removal and that Appellant demonstrated a lack of commitment to the child were not against the manifest weight of the evidence and the record contained ample clear and convincing evidence to support the trial court's findings that the child cannot be placed with Appellant within a reasonable time or should not be placed with Appellant. | Smith | Gallia |
3/7/2023
|
3/15/2023
| 2023-Ohio-793 |
|
State v. Foster
| 21CA3967 | CRIMINAL - Appellant's convictions for Trafficking in Cocaine and Trafficking in Marihuana and Possession of Cocaine were supported by sufficient circumstantial evidence and circumstances available demonstrated that drugs were in Appellant's immediate physical possession, that she was conscious of the presence of the drugs, and that Appellant supported, assisted, encouraged, and cooperated with her co-defendant in possessing and trafficking the drugs found in co-defendant's vehicle. | Smith | Scioto |
3/6/2023
|
3/10/2023
| 2023-Ohio-746 |
|
State v. Smith
| 22CA3 & 22CA4 | R.C. 2953.08(G)(2); R.C. 2929.11; R.C. 2929.12; felony sentences; contrary to law | Hess | Gallia |
3/2/2023
|
3/6/2023
| 2023-Ohio-681 |
|
State v. Farrow
| 22CA12 | Fourth Amendment; search and seizure; odor of raw marijuana; reasonable suspicion | Hess | Lawrence |
3/1/2023
|
3/6/2023
| 2023-Ohio-682 |
|
In re Z.S.
| 22CA12 & 22CA13 | Permanent custody-trial court's decision to grant agency permanent custody of child not against the manifest weight of the evidence; trial court did not plainly err by considering guardian ad litem's report and recommendation. | Abele | Jackson |
3/1/2023
|
3/6/2023
| 2023-Ohio-688 |
|
State v. Kuntz
| 21CA3759 | FINAL APPEALABLE ORDER - A criminal charge for which there is no recorded disposition is a "hanging charge" that prevents the conviction from being a final order; if a court's order is not final and appealable, we have no jurisdiction to review the matter and must dismiss the appeal; jurisdictional issues must be raised by the court sua sponte even if not raised by the parties. | Smith | Ross |
2/28/2023
|
3/6/2023
| 2023-Ohio-669 |
|
State v. Strange
| 22CA1156 | felony sentencing, fines, financial sanctions, hearing, ability to pay, clearly and convincingly | Hess | Adams |
2/17/2023
|
2/21/2023
| 2023-Ohio-495 |
|
State v. Green
| 21CA3760 | Fourth Amendment-probable cause existed to justify search warrant-detective received information regarding potential child pornography from an agent who identified himself as a member of a internet crimes task force and this information contained another agent's name and email address that ended in ice.dhs.gov; ten-month-old evidence of alleged child pornography web site activity not too stale to support issuing a search warrant for residence and electronic devices because child-pornography images may exist for an infinite time and offenders tend to keep images for a long period of time. | Abele | Ross |
2/14/2023
|
2/21/2023
| 2023-Ohio-501 |
|
Lankford v. Weller
| 21CA19 | Civ.R. 55; default judgment; Civ.R. 60(B)(1); excusable neglect; meritorious defense; abuse of discretion; agency | Wilkin | Pickaway |
2/13/2023
|
2/14/2023
| 2023-Ohio-430 |
|
State v. Stevens
| 22CA11 | R.C. 2921.12(A)(1), tampering with evidence, Crim.R. 29(A), sufficiency of the evidence, ankle monitor | Hess | Lawrence |
2/3/2023
|
2/8/2023
| 2023-Ohio-362 |
|
State v. Caldwell
| 22CA2 | Restitution, R.C. 2929.28(A)(1); Economic Loss, R.C. 2929.01(L); Abuse of Discretion | Wilkin | Meigs |
2/1/2023
|
2/6/2023
| 2023-Ohio-355 |
|
State v. Rexroad
| 21CA3972 | Sexual battery; gross sexual imposition; guilty plea; nature of the charges; substantial compliance; pro se pre-sentence motion to withdraw guilty plea; hybrid representation; Crim. R. 11(C)(2)(a); R.C. 2907.03(A)(5)-R.C. 2907.03(B)(3); R.C. 2907.05(A)(4)-R.C.2907.05(C)(2) | Wilkin | Scioto |
1/31/2023
|
2/6/2023
| 2023-Ohio-356 |
|
State v. Banks
| 22CA3980 & 22CA3381 | Trial court did not abuse its discretion in failing to find good cause why judgment should not be entered against surety. | Abele | Scioto |
1/26/2023
|
2/1/2023
| 2023-Ohio-292 |
|
Teays Valley Local School Dist. Bd. of Edn. v. Struckman
| 21CA7 | Discovery-trial court did not abuse its discretion by staying discovery when discovery would not have been fruitful given that dispositive summary judgment motion based upon res judicata remained pending; Civ.R. 15(A)-trial court did not err by determining that opposing counsel did not give written consent to amended pleading when counsel agreed to a proposed case scheduling order before scheduling conference with the court; trial court did not abuse its discretion by striking amended pleading or by denying leave to file amended pleading when amendment would be futile due to res-judicata bar; Civ.R. 56(C)-trial court did not incorrectly grant summary judgment when res-judicata and the law-of-the-case doctrine dictated the outcome of the proceedings. | Abele | Pickaway |
1/25/2023
|
1/27/2023
| 2023-Ohio-244 |
|
State v. Moore
| 21CA3756 | CRIMINAL-MOTION TO SUPPRESS-EVIDENTIARY RULING - Where Appellant argues that the trial court abused its discretion by refusing to allow her to question trooper about potential bias and violated her right to a fair hearing but does not make a Confrontation Clause argument, this court will not raise or consider the issue on her behalf; Ohio Rules of Evidence are not applicable to suppression hearings and where Appellant's question whether or not trooper was subject to discipline for failure to make traffic stops would relate to whether or not Appellant's stop was based on pretext, and would be only marginally relevant to assessing trooper's credibility, trial court did not abuse its discretion by sustaining State's objection to the question. | Smith | Ross |
1/23/2023
|
2/21/2023
| 2023-Ohio-494 |
|
Emanuel's, L.L.C. v. Restore Marietta, Inc.
| 22CA6 | judgment on the pleadings, immunity, R.C. 2744.02(B)(2), R.C. 2744.02(B)(5), tortious interference with business relations, Valentine Act, monopoly, antitrust injury | Hess | Washington |
1/17/2023
|
1/19/2023
| 2023-Ohio-147 |
|
In re F.T.
| 22CA17 | PERMANENT CUSTODY - Although a judgment rendered without proper service or entry of appearance is a nullity and void, a notice issue may be waived on appeal when a parent's attorney is present for various permanent custody hearings and does not raise the improper notice issue; Even assuming counsel's deficient performance by failing to object to the alleged lack of service, father cannot demonstrate that such supposed deficiency prejudiced him and thus, he cannot demonstrate that the result of the proceeding would have been different but for counsel's errors; a reviewing court will generally not disturb a trial court's permanent custody decision unless the decision is against the manifest weight of the evidence; because the agency presented substantial clear and convincing evidence that placing the child in its permanent custody would serve the child's best interest, the trial court's decision is not against the manifest weight of the evidence; because the agency presented substantial clear and convincing evidence that placing the child in its permanent custody would serve the child's best interest, the trial court's decision is not against the manifest weight of the evidence; R.C. 2151.419(A)(1) did not require the agency to show reasonable efforts at the permanent custody hearing unless it had not been established previously and the agency had made multiple reasonable efforts findings at the time of the hearing. | Smith | Ross |
1/12/2023
|
1/24/2023
| 2023-Ohio-191 |
|
State v. Allen
| 21CA3969 | CRIMINAL - The trial court's decision denying defendant's presentence motion to withdraw his guilty pleas was not unreasonable, arbitrary, or unconscionable and therefore the trial court did not abuse its discretion in denying the motion; the trial court reasonably applied controlling case law to find a violation of R.C. 4511.33(A)(1) occurred where the defendant's vehicle crossed over the fog line by a half a tire width and therefore the trial court's denial of the motion to suppress was not against the manifest weight of the evidence. | Smith | Scioto |
1/12/2023
|
1/24/2023
| 2023-Ohio-192 |
|
State v. Ruggles
| 21CA1138 | Unlawful sexual conduct with a minor; cross-examination of state’s witnesses of their sexual orientation; victim-impact evidence; constitutional right to equal protection; constitutional right to confront witnesses; ineffective assistance of counsel; abuse of discretion; plain error; relevant evidence; probative value; unfair prejudice; Evid.R. 401, 402, 403, 611(B), 614(A), 616(A); R.C. 2907.04(A) | Wilkin | Adams |
1/4/2023
|
1/10/2023
| 2023-Ohio-54 |
|
State v. Midlam
| 22CA7 | CRIMINAL - The trial court's denial of a motion for judicial release is not a final appealable order therefore the appeal is dismissed. | Smith | Highland |
1/4/2023
|
1/11/2023
| 2023-Ohio-62 |