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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Davis
| L-22-1201 | Where the state presented evidence that defendant stood over the victim, preventing victim’s escape, and said she would “beat” and “whoop” the victim and that victim believed defendant was going to harm her, conviction for menacing was supported by legally sufficient evidence and was not against the manifest weight of the evidence. | Mayle | Lucas |
3/24/2023
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3/24/2023
| 2023-Ohio-970 |
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State v. Faulkner
| L-22-1108 | Trial court did not err in denying appellant’s Crim.R. 29 motion. Appellant’s conviction was not against the manifest weight of the evidence. Judgment affirmed. | Zmuda | Lucas |
3/24/2023
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3/24/2023
| 2023-Ohio-971 |
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LaCourse v. LaCourse
| L-22-1092 | Trial court had jurisdiction to modify divorce decree with consent of both parties. Modification order was not void or voidable. Trial court did not err in granting Civ.R. 60(B) motion alleging mistake. | Zmuda | Lucas |
3/24/2023
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3/24/2023
| 2023-Ohio-972 |
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State v. Whitten
| L-22-1131 | The trial court’s denial of the motion to suppress is affirmed. The totality of the circumstances and competent credible evidence supports the trial court’s findings and conclusions that appellant was not in custody while being detained after a traffic stop. | Osowik | Lucas |
3/24/2023
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3/24/2023
| 2023-Ohio-973 |
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In re L.W.
| H-22-017, H-22-018, H-22-019 | In a termination of parental rights case, the court did not err in awarding permanent custody to the children services agency where the children were in agency custody for 12 or more months of a consecutive 22-month period. Further, mother had failed to remedy the conditions causing the removal. R.C. 2151.414; best interest. | Sulek | Huron |
3/23/2023
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3/24/2023
| 2023-Ohio-958 |
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State v. Sullivan-Eason
| E-22-038 | Trial court abused its discretion when it dismissed an indictment with prejudice where it did so without a recommendation from the prosecutor of successful completion of the pre-trial diversion program, and without affording the state an opportunity to object or provide an argument in opposition to the dismissal. | Sulek | Erie |
3/17/2023
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3/17/2023
| 2023-Ohio-862 |
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State v. Pope
| E-22-016 | Trial court did not abuse its discretion when it denied motion for leave to file motion to suppress evidence that was filed two business days before trial. Trial counsel was not ineffective for failing to seek continuance of trial date. Decision whether to request continuance is trial strategy, a continuance was implicitly requested, and court’s comments indicate unwillingness to continue trial date. | Mayle | Erie |
3/17/2023
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3/17/2023
| 2023-Ohio-865 |
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Greenberg v. Toledo Pub. Schools
| L-22-1137 | In a hostile-work environment, sexual harassment case the trial court did not err in granting summary judgment where the school board took timely, corrective action to prevent the harassment, had no constructive knowledge that the individual was a habitual harasser, and where a reasonable person would not have felt compelled to resign while the investigation was still pending. R.C. Chapter 4112. | Sulek | Lucas |
3/17/2023
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3/17/2023
| 2023-Ohio-864 |
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State v. Smith
| L-22-1141 | Defendant failed to offer facts supporting claim of merger. Gross sexual imposition and abduction convictions did not merge where defendant lured or pulled victim into car, drove her to alley where he sexually assaulted her, prolonged restraint so second assailant could assault victim, then drove her to another location. Restraint was prolonged beyond original assault to permit second assault, which caused harm separate from underlying assault, and victim was not immediately released after being attacked. | Mayle | Lucas |
3/17/2023
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3/17/2023
| 2023-Ohio-866 |
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State v. Goode
| S-22-012 | Trial court’s finding—that defendant did not overcome the presumption of prison time required by R.C. 2907.07(F)(3)—was not clearly and convincingly contrary to law, and therefore defendant’s six month prison sentence for importuning was not overturned. | Mayle | Sandusky |
3/17/2023
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3/17/2023
| 2023-Ohio-863 |
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State v. Acosta
| WD-22-020 | Post-release control violation. Plea. Crim.R. 11. Maximum penalty. R.C. 2929.141. | Duhart | Wood |
3/10/2023
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3/10/2023
| 2023-Ohio-737 |
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State v. Lewandowski
| WD-22-010 & WD-22-011 | Appellant’s counsel’s determination that appellant should enter plea on a pretrial date, rather than delaying the plea, did not constitute ineffective assistance of counsel. | Duhart | Wood |
3/10/2023
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3/10/2023
| 2023-Ohio-742 |
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State v. Rice
| WD-22-022 | Judgment affirmed where Reagan Tokes is constitutional and claim regarding unlawful peonage arising from potential order to perform community service in lieu of court costs not ripe for review. | Zmuda | Wood |
3/10/2023
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3/10/2023
| 2023-Ohio-743 |
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Korfhage v. Fitzgerald
| WD-22-002 | Affirming Qualified Domestic Relations Order issued by the trial court. Appellant’s claim that a QDRO was not the proper enforcement mechanism for assigning benefits under appellant’s alternative retirement plan is barred by res judicata. The issue could have been raised on appeal from the judgment entry of divorce and, in fact, was raised – and was ultimately dismissed -- by the trial court in two subsequent judgment entries, neither of which were appealed. | Duhart | Wood |
3/10/2023
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3/10/2023
| 2023-Ohio-744 |
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State v. Aitken
| L-22-1087 | Offenses committed against different victims during the same course of conduct are committed with a separate animus for each offense and the crimes against each victim are of dissimilar import. Appeal of right under R.C. 2953.08(A)(1)(b) as a result of the imposition of maximum sentence is found not well-taken. | Osowik | Lucas |
3/10/2023
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3/10/2023
| 2023-Ohio-738 |
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Am. Business Invests., L.L.C. v. Shaeena & Allos, L.L.C.
| L-21-1134 | Declaratory Judgment, Validity of Lease, Delivery of Contract as Condition Precedent, Equitable Estoppel | Duhart | Lucas |
3/10/2023
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3/10/2023
| 2023-Ohio-739 |
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State v. Laraby
| L-22-1161 | 48-month prison sentences for two counts of sexual battery where the offender anally penetrated his minor daughter with his penis do not in any way shock the sense of justice in the community. Because appellant’s individual sentences are not grossly disproportionate to their respective offenses, the aggregate prison term does not constitute cruel and unusual punishment. | Sulek | Lucas |
3/10/2023
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3/10/2023
| 2023-Ohio-741 |
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State ex rel. Betton v. Burgess & Niple, Inc.
| E-22-001 & E-22-002 | summary judgment, statute of repose | Osowik | Erie |
3/10/2023
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3/10/2023
| 2023-Ohio-740 |
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State v. Kunkle
| F-22-009 | Judgment affirmed where trial court did not err in denying motion to suppress, as record demonstrated police went to front door to investigate report of domestic violence and placed appellant under arrest after witnessing criminal conduct on the front porch. | Zmuda | Fulton |
3/3/2023
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3/3/2023
| 2023-Ohio-661 |
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State v. Bailey
| H-22-008 | Drawing all inferences in favor of state, the state presented sufficient evidence that appellant sold carfentanil to victim, causing victim’s death. Jury did not lose its way when it rejected appellant’s testimony that the “drug” he sold to victim was really baking soda. Counsel was not ineffective for failing to object to state calling a witness out of order. | Mayle | Huron |
3/3/2023
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3/3/2023
| 2023-Ohio-657 |
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Toledo v. Blade
| L-22-1091 | Defendant cannot establish a violation under Brady v. Maryland where he learned of the possible existence of exculpatory evidence at trial and then failed to request it. And, where the state put forth evidence that the victim reasonably feared imminent physical harm by defendant, the domestic violence conviction is not against the manifest weight of the evidence. | Mayle | Lucas |
3/3/2023
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3/3/2023
| 2023-Ohio-658 |
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Wall-Meiring v. Gibson
| L-22-1083 | Summary judgment. Trust. Trustee. Beneficiaries. Undue influence. Evidence. | Duhart | Lucas |
3/3/2023
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3/3/2023
| 2023-Ohio-664 |
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State v. Martorana
| S-22-011 | Trooper had reasonable suspicion to initiate traffic stop where she saw appellant’s westbound vehicle veer left of center into eastbound lane. She had reasonable suspicion to detain appellant to administer field sobriety tests based on this violation, plus information from motorist who observed appellant’s vehicle unable to maintain its lane, appellant bouncing within her lane and following too closely, appellant’s red, bloodshot eyes, and her comment that she did not blame trooper for stopping her. | Mayle | Sandusky |
3/3/2023
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3/3/2023
| 2023-Ohio-662 |
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In re Estate of Stotz v. Stotz
| S-22-014 | Appellant failed to demonstrate that the trial court committed plain error in adopting the decision of a magistrate, which found that appellant triggered an in terrorem clause in her late husband’s last will and testament when she filed a complaint seeking a determination that she was a partial owner in the marital residence. | Zmuda | Sandusky |
3/3/2023
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3/3/2023
| 2023-Ohio-663 |
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In re C.N.
| L-22-1194 | Because there was clear and convincing evidence to support the juvenile court’s findings under R.C. 2151.414(E)(1), (2), (4) and (16), the court’s determination that the children could not, or should not, be placed with the father within a reasonable time was not against the manifest weight of the evidence. | Osowik | Lucas |
3/1/2023
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3/3/2023
| 2023-Ohio-659 |
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In re E.M.
| S-22-021 | Juvenile court had jurisdiction over father to conduct permanent custody hearing in a case involving the termination of parental rights, where the father waived notice of the hearing and consented to the award of permanent custody to the children’s services agency. Mother’s consent to the award was knowing, intelligent, and voluntary. Juvenile court’s denial of grandmother’s untimely motion to intervene was not an abuse of discretion. | Zmuda | Sandusky |
2/24/2023
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2/27/2023
| 2023-Ohio-573 |
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State v. Lieb
| E-22-025 | Although preferred on appellate review, a trial court need not explicitly state in its judgment entry that it considered a defendant's ability to pay a financial sanction. All that is required is that the trial court consider his ability to pay. A sentencing court may consider a broad range of otherwise inadmissible evidence, including charges that were reduced or dismissed under a plea agreement. | Osowik | Erie |
2/24/2023
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2/27/2023
| 2023-Ohio-574 |
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Huron v. McCune
| E-22-027 | In city’s quiet title action against trust that was successor-in-interest to titleholder of real property, trial court properly concluded that city’s predecessor-in-interest adversely possessed land by using it as restaurant parking from 1971-1993, thereby divesting trust of ownership interest. R.C. 2305.04’s 21-year statute of limitations did not apply to quiet title action brought by possessor of property. Court was not required to resolve factual issues not material to trust’s ownership interest. | Mayle | Erie |
2/24/2023
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2/27/2023
| 2023-Ohio-575 |
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State v. Davis
| L-22-1028 | Counsel’s decisions regarding which witness to call fall within the realm of trial strategy. Speculation as to what an uncalled witness would have said at trial is not sufficient for a claim of ineffective assistance of counsel. Sufficient evidence supports the judgment of the trial court. Jury did not lose its way and the judgment is not against the manifest weight of the evidence. | Osowik | Lucas |
2/17/2023
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2/17/2023
| 2023-Ohio-487 |
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State v. Madrigal
| L-22-1014 & L-22-1071 | Trial court properly denied appellant’s motion to compel the state of Ohio to honor the terms of his plea agreement, as appellant’s claims were barred by the doctrine of res judicata and, further, the state did not breach the terms of the plea agreement. In addition, appellant’s Equal Protection claims are without merit, as is his claim for ineffective assistance of counsel. | Duhart | Lucas |
2/17/2023
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2/17/2023
| 2023-Ohio-488 |
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State v. Bender
| OT-22-019 | Appellant has not demonstrated ineffective assistance of counsel based upon claim that prior counsel did not inform him that appellee could elect to not extend a plea bargain offer, for which there is no compulsory right to receive. Judgment affirmed. | Osowik | Ottawa |
2/17/2023
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2/17/2023
| 2023-Ohio-486 |
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In re A.R.
| OT-22-023, OT-22-024, OT-22-025 | Judgment affirmed where paternal grandmother failed to demonstrate paternity according to the statutory provisions under R.C. 3109.12(A); based on the lack of standing to consider the merits of grandmother’s complaint, trial court could not consider the merits and dismiss the complaint, on the merits and with prejudice | Zmuda | Ottawa |
2/10/2023
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2/10/2023
| 2023-Ohio-394 |
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State v. Wainwright
| L-22-1079 | Trial court did not err in imposing a one-year term of incarceration when sentencing appellant on two, fourth degree felony convictions. Judgment affirmed. | Osowik | Lucas |
2/10/2023
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2/10/2023
| 2023-Ohio-399 |
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State v. Henley
| WD-22-034 | Appellant’s challenge of felony sentence as contrary to law is not reviewable by this court. Appellant did not receive ineffective assistance of counsel. | Mayle | Wood |
2/10/2023
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2/10/2023
| 2023-Ohio-396 |
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State v. Ruetz
| WM-22-001 | Judgment affirmed where evidence was sufficient to support convictions, trial counsel’s performance resulted in no prejudice, and any error in the jury instruction did not rise to plain error, requiring a new trial. | Zmuda | Williams |
2/10/2023
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2/10/2023
| 2023-Ohio-398 |
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State v. Garza
| F-22-006 | Judgment affirmed where Reagan Tokes is constitutional, based on the authority of numerous recent cases, including those issued prior to appellant’s appeal, with no ineffective assistance of counsel in failing to challenge the constitutionality of the law. | Zmuda | Fulton |
2/10/2023
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2/10/2023
| 2023-Ohio-395 |
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In re Adoption of M.M.
| H-22-016 | Probate court determination that petitioner satisfied his burden of proving, by clear and convincing evidence, that natural father failed to have de minimis contact with his son and lacked justifiable cause for his failure, is affirmed. | Mayle | Huron |
2/10/2023
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2/10/2023
| 2023-Ohio-397 |
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State v. Brown
| L-22-1041 | Sentencing. Ineffective assistance of counsel alleged. Lack of prejudice in record. | Osowik | Lucas |
2/3/2023
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2/3/2023
| 2023-Ohio-330 |
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State v. Gregory
| L-21-1106 & L-21-1107 | Preindictment delay. Motion to suppress. Open view, plain view. Joinder. Consecutive sentences. Ineffective assistance of counsel. Removal of appointed counsel. | Duhart | Lucas |
2/3/2023
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2/3/2023
| 2023-Ohio-331 |
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State ex rel. Boyd v. Tone
| E-23-001 | Mandamus. Withdrawal of counsel. Res judicata. | Duart | Erie |
2/1/2023
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2/2/2023
| 2023-Ohio-323 |
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State v. Belton
| L-20-1121 | Death Penalty; Res Judicata; Ineffective Assistance of Counsel; Postconviction Relief; Hearing; Postconviction Right to Discovery; Postconviction Right to Funding for Experts; Cumulative Error | Duhart | Lucas |
1/30/2023
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2/1/2023
| 2023-Ohio-294 |
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Andrews v. Andrews
| OT-22-010 | Appellant was not served with appellee’s motion to contempt. | Osowik | Ottawa |
1/30/2023
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2/1/2023
| 2023-Ohio-293 |
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In re G.H.
| OT-22-009 | Magistrate ruling that disposes of motion and transfers jurisdiction of child custody dispute to out-of-state court is a decision. Juv.Rs. 40(D)(3). Trial court required to conduct de novo review of the facts and an independent analysis of the issues where objections were filed to magistrate's decision. Juv.R. 40(D)(4)(d). Judgment reversed. | Osowik | Ottawa |
1/30/2023
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2/1/2023
| 2023-Ohio-295 |
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State v. Baker
| L-21-1258 | Trial court did not err in denying defendant’s motion to dismiss on selective prosecution grounds where there was no evidence that she was singled out for prosecution or that the government’s charging decision was based upon her race. And, where the only evidence in the record showed that defendant drove her car at the victims because of her dislike for African Americans and not because she had a bona fide belief that she was in imminent danger of death or great bodily harm, she was not entitled to a self-defense jury instruction. | Osowik | Lucas |
1/27/2023
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1/27/2023
| 2023-Ohio-241 |
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State v. Fork
| S-21-022 | Insufficient Evidence, Tampering with Evidence, Motor Vehicle, Utility Vehicle | Duhart | Lucas |
1/27/2023
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1/27/2023
| 2023-Ohio-242 |
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Med. Mut. of Ohio v. FrontPath Health Coalition
| L-21-1226 | Trial court erred in dismissing claims with prejudice for failure to state a claim upon which relief could be granted where the complaint sufficiently alleged or could have alleged civil liability for criminal acts and Corrupt Practices Act violation. Trial court abused its discretion in denying plaintiff’s motion for leave to amend that was based upon facts learned during discovery, was made well before the close of discovery and the deadline for dispositive motions, and where amendment was not futile. | Pietrykowski | Lucas |
1/27/2023
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1/27/2023
| 2023-Ohio-243 |
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State v. Grier
| L-21-1263 | Trial court did not abuse its discretion in denying appellant’s presentence motion to withdraw his plea. Trial court erred in failing to incorporate imposition of appellant’s indefinite prison term into its final judgment entry. | Zmuda | Lucas |
1/25/2023
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1/25/2023
| 2023-Ohio-207 |
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Estate of Haynes v. Gaines
| L-22-1093 | The trial court properly granted summary judgment in favor of appellee and ordered appellant to return fund to appellee where appellant wrongfully withdrew the funds, which she did not own, from a joint and survivorship account in which she was a co-owner. | Zmuda | Lucas |
1/25/2023
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1/25/2023
| 2023-Ohio-208 |
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Varwig v. JA Doyle, L.L.C.
| L-22-1035 | Summary judgment was properly granted on appellants’ claims for: (1) failure to build in a workmanlike manner; (2) negligent design; and (3) negligent supervision. The negligent construction claim is found not well-taken on the merits. The remaining claims are blocked by the applicable statute of limitations. | DUHART | Lucas |
1/25/2023
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1/25/2023
| 2023-Ohio-210 |
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State v. Jasso
| F-22-001 | Appellant’s conviction for assault on a peace officer was supported by sufficient evidence and was not against the weight of the evidence. Knowingly; physical harm. | Osowik | Fulton |
1/25/2023
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1/25/2023
| 2023-Ohio-209 |
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