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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
State v. Cordell
| OT-24-033 | Judge Duhart. An appellate court is not permitted to substitute its judgment for that of the trial court concerning the sentence that best reflects compliance with R.C. 2929.11 and 2929.12. | Duhart | Ottawa |
6/13/2025
|
6/13/2025
| 2025-Ohio-2089 |
State v. Smith
| WM-24-013 | Sulek, J. Trial court’s order imposing consecutive sentences is contrary to law because the court failed to make all of the necessary findings under R.C. 2929.14(C)(4). | Sulek | Williams |
6/13/2025
|
6/13/2025
| 2025-Ohio-2090 |
State v. Stultz
| WD-24-057 | Judge Duhart, appellant did not clearly and convincingly establish that the record did not support findings regarding the imposition of consecutive sentences. | Duhart | Wood |
6/6/2025
|
6/6/2025
| 2025-Ohio-2032 |
Sczublewski v. Kroger Co.
| L-24-1035 | Per Mayle, J., piece of raised plywood duct taped to the floor and concealed by rug was not open and obvious danger to grocery-store patron. Additionally, evidence of attendant circumstances was presented to overcome open-and-obvious doctrine and two-inch rule, including that hazard was concealed by rug, employee was standing in front of obstruction, and plaintiff knew store to barricade construction hazards. Plaintiff sufficiently identified cause of fall. | Mayle | Lucas |
6/6/2025
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6/6/2025
| 2025-Ohio-2029 |
State v. Pitts
| L-24-1050 | Trial court did not err in finding that the state disproved appellant’s self-defense claim. Felonious assault conviction was not against the manifest weight of the evidence. Testimony pertaining to jointly stipulated medical records was not improper. Judgment affirmed. | Osowik | Lucas |
6/6/2025
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6/6/2025
| 2025-Ohio-2030 |
State v. Petzke
| L-24-1009 | Duhart. Ineffective assistance of counsel. Prosecutorial misconduct. Sufficiency of the evidence challenge. Manifest weight of the evidence challenge. | Duhart | Lucas |
6/6/2025
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6/6/2025
| 2025-Ohio-2031 |
State v. Williams
| L-24-1017 | Duhart. Felonious assault, self-defense, at fault for creating the situation. Manifest weight of the evidence challenge. | Duhart | Lucas |
6/6/2025
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6/6/2025
| 2025-Ohio-2033 |
In re Trust of Hawkins v. Schwyn
| L-24-1005 | Zmuda, J., writing for the majority, finds that trial court did not abuse its discretion in denying appellant’s Civ.R. 60(B) motion for relief from judgment. | Zmuda | Lucas |
6/6/2025
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6/6/2025
| 2025-Ohio-2034 |
State v. Owens
| E-23-033 | Sulek, J. In an aggravated murder case, the defendant was represented by competent counsel and the jury verdicts were supported by sufficient evidence and were not against the weight of the evidence. Hearsay; suppress; consciousness of guilt; inferior offense; premeditation; prosecutorial misconduct; cumulative error. | Sulek | Erie |
6/6/2025
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6/6/2025
| 2025-Ohio-2035 |
State v. Wadding
| E-24-015 | 29-month delay in resentencing after remand does not violate Crim.R. 32(A) or due process where the defendant was ineligible to be released from prison during that time. | Sulek | Erie |
5/30/2025
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5/30/2025
| 2025-Ohio-1953 |
Sortino v. Calfee, Halter & Griswold, L.L.P.
| E-24-023 | Trial court properly granted appellee’s motion for class certification under Civ.R. 23(B)(3). Judgment affirmed. Osowik. | Osowik | Lucas |
5/30/2025
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5/30/2025
| 2025-Ohio-1949 |
State v. Bleau
| L-24-1128 | Zmuda, J., writing for the majority, finds that appellant’s convictions were not against the manifest weight of the evidence and that the trial court did not err when it did not consider an affirmative defense appellant did not raise. | Zmuda | Lucas |
5/30/2025
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5/30/2025
| 2025-Ohio-1951 |
State v. Pecina
| L-23-1261 | Sulek, J. Affirming trial court’s denial of motion to sever and admission of domestic violence and murder victim’s hearsay statements under forfeiture-by-wrongdoing exception, and holding that sufficient evidence supported the guilty verdict and conviction was not against the manifest weight of the evidence. | Sulek | Lucas |
5/30/2025
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5/30/2025
| 2025-Ohio-1952 |
State v. McCune
| OT-24-020 | Zmuda, J., writing for the majority, reverses the trial court’s judgment imposing consecutive sentences because the trial court did not make one of the necessary findings under R.C. 2929.14(C)(4). | Zmuda | Ottawa |
5/30/2025
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5/30/2025
| 2025-Ohio-1950 |
State v. Celestine
| WM-24-010 | Duhart. Guilty Plea.Crim.R. 11. Prosecutorial Misconduct. Sentencing. | Duhart | Williams |
5/27/2025
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5/27/2025
| 2025-Ohio-1905 |
Ayers v. Ayers
| WD-24-061 | SUMMARY: Duhart. Affirming trial court’s amended order and final judgment entry of divorce imputing potential income to appellant for child-support-calculation purposes, where, on remand from the Ohio Supreme Court, the trial court expressly found appellant to be voluntarily unemployed as a condition precedent to imputing potential income. | Duhart | Wood |
5/23/2025
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5/23/2025
| 2025-Ohio-1848 |
State v. Coon
| OT-24-027, OT-24-028 | Guilty plea is knowingly, intelligently, and voluntarily made where trial court engaged in a detailed Crim.R. 11 plea colloquy, defendant demonstrated his understanding of the nature of the proceedings, the charges against him, and the potential penalties, he was not under the influence, had not been treated for mental illness, was feeling “good” mentally, and he passed two mental health screenings. | Sulek | Ottawa |
5/23/2025
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5/23/2025
| 2025-Ohio-1849 |
State v. Acosta
| L-24-1140 | SUMMARY: Mayle. Affirming denial of petition for postconviction relief on grounds that it was untimely filed; and affirming denial of motion for disclosure of grand jury transcripts where appellant’s challenge was to the evidence supporting the indictment. | Mayle | Lucas |
5/23/2025
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5/23/2025
| 2025-Ohio-1847 |
State v. Haas
| L-24-1217 | Per Mayle, J., appellant is not entitled to withdraw his plea under Crim.R. 32.1 because he failed to show manifest injustice. He was convicted of violating a protection order that was valid on the date of the violation, and petitioner’s decision to dismiss her petition—causing the common pleas court to dissolve the ex parte CPO—did not negate appellant’s failure to obey a valid court order. | Mayle | Lucas |
5/23/2025
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5/23/2025
| 2025-Ohio-1852 |
Haskins v. F. Leo Groff, Inc.
| E-24-039 | Duhart. Affirming entry of summary judgment in favor of appellees and against appellant in case alleging breach of real estate purchase contract and fraud. | Duhart | Erie |
5/23/2025
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5/23/2025
| 2025-Ohio-1850 |
Effinger v. Vermilion Power Boats, Inc.
| E-24-050 | Duhart. Summary judgment in favor of appellee affirmed because condition upon which appellant fell was open and obvious as a matter of law. | Duhart | Erie |
5/23/2025
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5/23/2025
| 2025-Ohio-1851 |
State v. Ross
| E-24-028 | Per Mayle, J., trial court did not commit plain error when instructing the jury. Appellant’s conviction of felonious assault under R.C. 2903.11(A)(1) was not against the manifest weight of the evidence, despite the victim not testifying at trial. | Mayle | Erie |
5/23/2025
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5/23/2025
| 2025-Ohio-1853 |
Baker v. Walmart Corp.
| L-24-1157 | Judge Duhart, failure to file transcript | Duhart | Lucas |
5/20/2025
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5/20/2025
| 2025-Ohio-1806 |
State v. Smith
| WM-24-018 | sentencing | Zmuda | Williams |
5/20/2025
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5/20/2025
| 2025-Ohio-1807 |
Foster v. Toledo City School Dist. Bd. of Edn.
| L-24-1068 | Claim against employee of a political subdivision for spoliation of evidence based on allegations that the employee returned video recordings of an accident to be taped over is a claim against her in her personal, not official, capacity. | Sulek | Lucas |
5/16/2025
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5/16/2025
| 2025-Ohio-1769 |
State v. Dudley
| L-24-1028, L-24-1029 | Per Mayle, J., trial court’s failure to offer prosecutor a chance to speak at sentencing, as required by Crim.R. 32(A), and failure to explain all of appellant’s appellate rights, as required by Crim.R. 32(B), did not prejudice appellant and is harmless error. | Mayle | Lucas |
5/13/2025
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5/13/2025
| 2025-Ohio-1715 |
State v. Rochon
| OT-24-040 | Trial court’s decision to deny limited driving privileges under R.C. 4510.021 was not an abuse of discretion following defendant’s conviction for reckless driving and speeding. Defendant was cited for driving 110 mph, into on-coming lane of traffic and in a residential area. | Mayle | Lucas |
5/13/2025
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5/13/2025
| 2025-Ohio-1716 |
State v. Watkins
| L-24-1112 | Osowik - Trial court did not err in rejecting non-deadly force self-defense claim. Robbery conviction was not against the manifest weight of the evidence. Parties concur, and record shows, that the trial court erred in imposing costs of confinement and supervision. Judgment affirmed, in part, and vacated, in part. | Osowik | Lucas |
5/13/2025
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5/13/2025
| 2025-Ohio-1717 |
State v. Barnes
| L-24-1100 | Mayle. Fact-finder’s rejection of self-defense claim was not against the manifest weight of the evidence where the state presented testimony that defendant used excessive force by using pepper spray, in response to the victim who grabbed the defendant’s foot. | Mayle | Lucas |
5/9/2025
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5/9/2025
| 2025-Ohio-1684 |
In re K.M.
| H-24-019 | Sulek, J. Juvenile’s adjudication of delinquency for felonious assault of a police officer was not against the manifest weight of the evidence. | Sulek | Huron |
5/9/2025
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5/9/2025
| 2025-Ohio-1685 |
State v. Stratton
| S-24-007 | Per Mayle, J., Given his stepson’s role as lead detective, Judge Ickes’s participation in defendant’s case violated defendant’s due-process rights because of the constitutionally intolerable probability of actual bias. Consistent with State v. Elkins, 2024-Ohio-5351 (6th Dist.), this constituted error requiring reversal. Child sexual abuse material ("CSAM") played for the jury was sufficient evidence from which the jury could find “sexual satisfaction.” | Mayle | Sandusky |
5/6/2025
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5/6/2025
| 2025-Ohio-1621 |
State v. Kinney
| WD-24-016 | Per Mayle, J., improper admission of co-defendant’s inculpatory statements was harmless error. Conviction under R.C. 2903.06(A)(1)(a) was supported by sufficiency and weight of evidence. Sequence of events that resulted in victim’s death began while defendant was operating vehicle. Victim’s failure to maintain assured clear distance did not break chain of causation. Trial counsel was not ineffective for failing to seek jury instruction and failing to lodge objections. | Mayle | Wood |
5/6/2025
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5/6/2025
| 2025-Ohio-1620 |
In re A.E.
| WM-25-001, WM-25-002 | No juvenile court error terminating appellant-mother’s parental rights to the minor children and granting permanent custody to appellee. Judgments affirmed. Osowik. | Osowik | Williams |
5/5/2025
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5/5/2025
| 2025-Ohio-1607 |
State v. Cavin
| S-24-012 | Sulek. Affirming appellant’s conviction for theft, as it is supported by both the weight and sufficiency of the evidence. | Sulek | Sandusky |
5/2/2025
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5/2/2025
| 2025-Ohio-1578 |
State v. Quinn
| WD-24-020 | Per Mayle, J., State presented sufficient evidence that victim’s death proximately resulted from defendant’s violation of R.C. 4511.19(A). Although it was not objectively reasonable for trial counsel to stipulate to inadmissible evidence of defendant’s prior convictions, defendant failed to show reasonable probability that outcome of proceedings was affected. Counsel was not ineffective for failing to request jury instruction and to object to State’s isolated improper remark during closing. | Mayle | Wood |
5/2/2025
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5/2/2025
| 2025-Ohio-1583 |
In re R.B.
| L-25-00012 | Judge Duhart. Permanent custody. Failure to remedy issues. Substance abuse. Domestic violence. Best interest. | Duhart | Lucas |
5/2/2025
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5/2/2025
| 2025-Ohio-1579 |
State v. Fong
| L-24-1038 | Duhart. In imposing consecutive sentences, the trial court made all necessary findings under R.C. 2929.14(C). In addition, the record supports the trial court’s findings. | Duhart | Lucas |
5/2/2025
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5/2/2025
| 2025-Ohio-1580 |
Brazzil v. RSH 506, L.L.C.
| L-24-1158 | Claims under the Ohio Landlord-Tenant Act, R.C. Chapter 5321 are not limited to habitability. R.C. 5321.04. | Sulek | Lucas |
5/2/2025
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5/2/2025
| 2025-Ohio-1581 |
State v. Manuel
| L-24-1143 | Sulek, J. Appellant’s strangulation conviction was supported by sufficient evidence and was not against the weight of the evidence and counsel provided competent representation. R.C. 2903.18(B)(3); hearsay, ineffective assistance of counsel. | Sulek | Lucas |
5/2/2025
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5/2/2025
| 2025-Ohio-1582 |
Long v. Hutchinson
| L-23-1228, L-23-1235 | Judge Duhart, fraudulent conveyance, badges of fraud | Duhart | Lucas |
4/29/2025
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4/29/2025
| 2025-Ohio-1520 |
Hampton Court, L.L.C. v. French
| L-24-1145 | Zmuda. Reversing trial court’s judgment. Trial court did not have jurisdiction over the case where landlord failed to comply with federal recertification notification requirements. | Zmuda | Lucas |
4/29/2025
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4/29/2025
| 2025-Ohio-1522 |
In re Estate of Devine v. Monroe Soc. for the Prevention of Cruelty to Animals
| L-24-1061 | Bequest in will contained latent ambiguity, permitting court to consider extrinsic evidence to assist it to better interpret intention from language used in will. Trial court erred in broadly considering extrinsic evidence to determine testator’s general intention. Charitable organization, which executor named a defendant in declaratory judgment action, was aggrieved by trial court’s ruling that it was not intended beneficiary of bequest and therefore had appellate standing. | Mayle | Lucas |
4/29/2025
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4/29/2025
| 2025-Ohio-1523 |
State v. Alliman
| OT-24-009 & OT-24-010 | R.C. 2953.08(G)(2) does not permit an appellate court to independently weigh the evidence in the record and substitute its judgment for that of the trial court concerning the sentence that best reflects compliance with R.C. 2929.11 and 2929.12. | Osowik | Ottawa |
4/25/2025
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4/25/2025
| 2025-Ohio-1490 |
State v. Robinson
| L-24-1146 | Duhart. Reversing trial court’s denial of Robinson’s motion to dismiss and remanding for both factual findings on the record and for findings on the merits of Robinson’s “as-applied” constitutional challenge. | Duhart | Lucas |
4/22/2025
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4/22/2025
| 2025-Ohio-1431 |
In re R.H.
| OT-24-024, OT-24-037 | Sulek, J. In a legal custody action, the trial court properly considered the children’s best interests and determined that the agency made reasonable efforts to reunite the family. | Sulek | Ottawa |
4/17/2025
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4/17/2025
| 2025-Ohio-1377 |
State v. Guerin
| WD-24-032, WD-24-033 | Osowik - Merger does not apply to pleas of guilty to a multiple count indictment alleging different dates and methods of violating a protection order. Judgment affirmed | Osowik | Wood |
4/17/2025
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4/17/2025
| 2025-Ohio-1376 |
State v. Solomon
| WD-24-053 | Because the defendant’s only challenge on appeal was the trial court’s jail-time credit calculation, the appeal was rendered moot once he was released from jail. | Mayle | Wood |
4/17/2025
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4/17/2025
| 2025-Ohio-1378 |
Booker v. RSH 506, L.L.C.
| L-24-1225 | Osowik - R.C. 1901.181(A)(1) grants a municipal court housing division exclusive jurisdiction to adjudicate claims brought under Chapter 5321 of the Ohio Revised Code. Therefore, the lower court erred in dismissing tenant’s claim on jurisdictional grounds. The lower court further erred in determining that tenant’s claim was barred for failing to deposit rent at the time of filing her application for relief. R.C. 5321.07(B)(2) allows, but does not require, a tenant to do so | Osowik | Lucas |
4/17/2025
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4/17/2025
| 2025-Ohio-1375 |
In re S.T.
| E-24-007 | Judge Duhart. Legal custody. Non-family member. Best interest of the child. Visitation. Interference. Magistrate’s decision. Objections. Additional hearing. | Duhart | Erie |
4/17/2025
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4/17/2025
| 2025-Ohio-1379 |
Hendricks v. Ventra Sandusky, L.L.C.
| E-24-047 | Trial court did not abuse its discretion in denying plaintiff’s motion for relief from judgment under Civ.R. 60(B) where the motion was unsupported by any operative facts or evidence establishing her right to relief. | Mayle | Erie |
4/11/2025
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4/11/2025
| 2025-Ohio-1288 |
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