Opinion Search Filter Settings
Use standard search logic for the Opinion Text Search (full-text search). To search the entire web site click here
Opinion Text Search:   What is Opinion Text Search?
Source:    What is a Source?
Year Decided From:
Year Decided To:    What is Year Decided?
Year Decided Range Warning:
County:    What is County?
Case Number:    What is Case Number?
Author:    What is Author?
Topics and Issues:    What are Topics and Issues?
WebCite No: -Ohio-    What is a Web Cite No.? WebCite and Citation are unique document searches. If a value is entered in the WebCite or Citation field, all other search filters are ignored. If values are entered in both the WebCite and Citation fields, only the WebCite search filter is applied.
Citation:    What is Citation?
This search returned 45 rows. Rows per page: 
Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
In re S.M.S.B. 22CA17permanent custody; motion for continuance; R.C. 2151.414(B)(1)(b); R.C. 2151.414(B)(1)(d); best interest; abandonedHessLawrence 5/3/2023 5/8/2023 2023-Ohio-1532
State v. Smith 22CA21Speedy 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.AbeleRoss 5/1/2023 5/5/2023 2023-Ohio-1504
Ogle v. Hocking Cty. Sheriff 22CA9mandamus; Ohio Public Records Act; R.C. 149.43; statutory damagesHessHocking 5/1/2023 5/2/2023 2023-Ohio-1446
State v. Latapie 21CA12R.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 AlteriusWilkinGallia 4/28/2023 5/5/2023 2023-Ohio-1505
Tayse v. Erdos 22CA3993HABEAS 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.SmithScioto 4/28/2023 5/8/2023 2023-Ohio-1542
State v. McKinney 22CA7No final appealable order when criminal counts remain pending.AbeleLawrence 4/27/2023 5/12/2023 2023-Ohio-1587
In re E.R. 22CA16PERMANENT 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.SmithAthens 4/25/2023 5/3/2023 2023-Ohio-1468
State v. Torres 21CA3951rape, 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 evidenceHessScioto 4/25/2023 4/28/2023 2023-Ohio-1406
State v. Rister 21CA17Reagan Tokes Act, Constitutional; Court Costs, R.C. 2957.23(A)(1(a) and (C); Waiver; Ineffective Assistance of Counsel; Presumption of Reasonable Professional AssistanceWilkinLawrence 4/18/2023 4/21/2023 2023-Ohio-1284
State v. Nesbitt 22CA20jurisdiction; hanging charges; final appealable orderHessRoss 4/18/2023 4/20/2023 2023-Ohio-1276
Sites v. Sites 22CA2Trial court did not err in denying appellant's Civ.R. 60(B) motion for relief from judgment.AbeleLawrence 4/12/2023 4/20/2023 2023-Ohio-1278
State v. Smith 22CA4006court costs; R.C. 2947.23(A)(1)(a); R.C. 2947.23(C); special project fees; plain error; abuse of discretion; ability to payHessScioto 4/12/2023 4/14/2023 2023-Ohio-1235
Kerns v. Hale 21CA3970Final 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)WilkinScioto 4/3/2023 4/7/2023 2023-Ohio-1175
State v. Sims 21CA15Rape-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.AbeleAthens 4/3/2023 4/10/2023 2023-Ohio-1179
Chuma v. Patterson 21CA12Tenants 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. 5307.21WilkinPickaway 3/31/2023 4/5/2023 2023-Ohio-1128
State v. Trego 22CA18motion to suppress; waiver; plain error; inventory search; impoundment; ineffective assistance of counsel; manifest weight of the evidence; R.C. 2925.11(A); knowingly; possessHessRoss 3/30/2023 4/3/2023 2023-Ohio-1114
State v. Ludwick 22CA9R.C. 2953.21; postconviction relief; abuse of discretion; cumulative error doctrine; hearingHessHighland 3/29/2023 4/3/2023 2023-Ohio-1113
Ehman v. Harvey 21CA13Trial court did not err in dismissal of R.C. 3111.01 time-barred complaint to establish a father-child relationship.AbeleGallia 3/28/2023 4/5/2023 2023-Ohio-1129
Coleman v. Stroup 21CA17jurisdiction; 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)HessPickaway 3/28/2023 3/31/2023 2023-Ohio-1080
Superior Office Space, L.L.C. v. Carpenter 22CA1 & 22CA6jurisdiction, final appealable order, R.C. 2505.02, Civ.R. 54(B), due process, notice, opportunity to be heard, civil contemptHessHocking 3/22/2023 3/24/2023 2023-Ohio-967
State v. Dearth 23CA2pretrial detention; Eighth Amendment; R.C. 2937.222; clear and convincing evidence; standard of reviewHessJackson 3/22/2023 3/24/2023 2023-Ohio-968
State v. Jewett 22CA4004Crim.R. 33(B); motion for new trial; evidentiary hearing; motion for leaveHessScioto 3/22/2023 3/24/2023 2023-Ohio-969
Billman v. Meintel 22CA10Habeas corpus, remedy in the ordinary course of the law, Civ.R. 12(B)(6), de novo, res judicata, venue, subject matter jurisdictionWilkinPickaway 3/20/2023 3/23/2023 2023-Ohio-922
In re A.C. 22CA20Juvenile delinquency—dispositional hearing—trial counsel not ineffective for failing to present evidence to support appellant's request for probationWIlkinWashington 3/15/2023 3/21/2023 2023-Ohio-902
State v. Davis 21CA6, 21CA7, 21CA8, 21CA9INEFFECTIVE 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.SmithMeigs 3/13/2023 3/17/2023 2023-Ohio-867
In re S.W. 22CA9 & 22CA10PERMANENT 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.SmithGallia 3/7/2023 3/15/2023 2023-Ohio-793
State v. Foster 21CA3967CRIMINAL - 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.SmithScioto 3/6/2023 3/10/2023 2023-Ohio-746
State v. Smith 22CA3 & 22CA4R.C. 2953.08(G)(2); R.C. 2929.11; R.C. 2929.12; felony sentences; contrary to lawHessGallia 3/2/2023 3/6/2023 2023-Ohio-681
State v. Farrow 22CA12Fourth Amendment; search and seizure; odor of raw marijuana; reasonable suspicionHessLawrence 3/1/2023 3/6/2023 2023-Ohio-682
In re Z.S. 22CA12 & 22CA13Permanent 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.AbeleJackson 3/1/2023 3/6/2023 2023-Ohio-688
State v. Kuntz 21CA3759FINAL 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.SmithRoss 2/28/2023 3/6/2023 2023-Ohio-669
State v. Strange 22CA1156felony sentencing, fines, financial sanctions, hearing, ability to pay, clearly and convincinglyHessAdams 2/17/2023 2/21/2023 2023-Ohio-495
State v. Green 21CA3760Fourth 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.AbeleRoss 2/14/2023 2/21/2023 2023-Ohio-501
Lankford v. Weller 21CA19Civ.R. 55; default judgment; Civ.R. 60(B)(1); excusable neglect; meritorious defense; abuse of discretion; agencyWilkinPickaway 2/13/2023 2/14/2023 2023-Ohio-430
State v. Stevens 22CA11R.C. 2921.12(A)(1), tampering with evidence, Crim.R. 29(A), sufficiency of the evidence, ankle monitorHessLawrence 2/3/2023 2/8/2023 2023-Ohio-362
State v. Caldwell 22CA2Restitution, R.C. 2929.28(A)(1); Economic Loss, R.C. 2929.01(L); Abuse of DiscretionWilkinMeigs 2/1/2023 2/6/2023 2023-Ohio-355
State v. Rexroad 21CA3972Sexual 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)WilkinScioto 1/31/2023 2/6/2023 2023-Ohio-356
State v. Banks 22CA3980 & 22CA3381Trial court did not abuse its discretion in failing to find good cause why judgment should not be entered against surety.AbeleScioto 1/26/2023 2/1/2023 2023-Ohio-292
Teays Valley Local School Dist. Bd. of Edn. v. Struckman 21CA7Discovery-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.AbelePickaway 1/25/2023 1/27/2023 2023-Ohio-244
State v. Moore 21CA3756CRIMINAL-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.SmithRoss 1/23/2023 2/21/2023 2023-Ohio-494
Emanuel's, L.L.C. v. Restore Marietta, Inc. 22CA6judgment 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 injuryHessWashington 1/17/2023 1/19/2023 2023-Ohio-147
In re F.T. 22CA17PERMANENT 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.SmithRoss 1/12/2023 1/24/2023 2023-Ohio-191
State v. Allen 21CA3969CRIMINAL - 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.SmithScioto 1/12/2023 1/24/2023 2023-Ohio-192
State v. Ruggles 21CA1138Unlawful 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)WilkinAdams 1/4/2023 1/10/2023 2023-Ohio-54
State v. Midlam 22CA7CRIMINAL - The trial court's denial of a motion for judicial release is not a final appealable order therefore the appeal is dismissed.SmithHighland 1/4/2023 1/11/2023 2023-Ohio-62