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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Henry Cty. Bank v. Dudley L-21-1192Trial court did not abuse its discretion in construing appellants’ Civ.R. 60(B)(5) motion under Civ.R. 60(B)(3) and, further, did not abuse its discretion in dismissing the motion as untimely.PietrykowskiLucas 11/23/2022 11/23/2022 2022-Ohio-4192
State v. Coley S-22-009Affirming appellant’s sentence for aggravated menacing on grounds that it was not the product of vindictiveness.PietrykowskiSandusky 11/18/2022 11/18/2022 2022-Ohio-4123
State v. McGowan S-20-020On remand, application to reopen denied where appellant’s claim of unconstitutionality of Reagan Tokes law does not have a reasonable probability of success. ODRC does not have a direct, personal, substantial pecuniary interest in holding a prisoner beyond his or her release date. Thus, the Reagan Tokes law does not create a conflict of interest that violates due process.PietrykowskiSandusky 11/18/2022 11/18/2022 2022-Ohio-4124
State v. Rance L-21-1234Crim.R 29 Motion for Acquittal properly denied where there was sufficient evidence to support a conviction. Judgment is not against the manifest weight of the evidence. Judgment affirmed.OsowikLucas 11/18/2022 11/18/2022 2022-Ohio-4125
State v. Rogers E-21-027 & E-21-031No trial court error in the sentencing of appellant for involuntary manslaughter and robbery. Judgment affirmed. Consecutive sentences, merger, ineffective assistance of counsel, Reagan Tokes Law, plain errorOsowikErie 11/18/2022 11/18/2022 2022-Ohio-4126
State v. Barrett WD-22-015Judgment affirmed where review of sentence under the factors of R.C. 2929.12 not permitted by R.C. 2953.08(G).ZMUDAWood 11/10/2022 11/10/2022 2022-Ohio-4017
State v. Cervantes WD-22-004Where appellant committed multiple, separate offenses in multiple counties, R.C. 2901.12(H) permitted, but did not require, state to prosecute all offenses together. Blockburger test inapplicable where defendant committed multiple offenses supporting multiple counts. Kidnapping was not merely incidental to assault where it caused separate, identifiable harm resulted.MayleWood 11/10/2022 11/10/2022 2022-Ohio-4018
State v. Irving WD-22-009At sentencing, the trial court properly imposed the statutorily mandated postrelease control term of “up to three years, but not less than one year.” We remand the matter for a nunc pro tunc entry that reflects this sentence.PietrykowskiWood 11/10/2022 11/10/2022 2022-Ohio-4019
State v. Mathis L-21-1249The trial court properly imposed consecutive sentences. Appellant failed to show that the trial court’s proportionality analysis was clearly and convincingly unsupported by the record.MayleLucas 11/10/2022 11/10/2022 2022-Ohio-4020
State v. Peacock L-21-1235Appellant’s conviction of sexual battery was not against the manifest weight of evidence because the record contains ample evidence of the victim’s substantial impairment, including appellant’s own statements. The prosecutor did not engage in misconduct by referring to COVID-19 delays during closing argument, as this information was common knowledge and inconsequential to the outcome of appellant’s trial.MayleLucas 11/10/2022 11/10/2022 2022-Ohio-4021
In re Petition for Adoption of Z.H. WM-22-002Probate court did not err in concluding that, under R.C. 3107.07(A), mother’s consent was needed in order for grandparents to adopt minor child.MayleWilliams 11/3/2022 11/3/2022 2022-Ohio-3926
Buckeye Mobile Home Estates v. O'Coners F-22-004Judgment affirmed where trial court did not abuse its discretion in weighing equitable considerations in entering judgment of eviction and ordering forfeiture of the leased premises.ZmudaFulton 11/3/2022 11/3/2022 2022-Ohio-3927
State v. Tilman L-21-1238Appellant’s conviction for domestic violence was supported by sufficient evidence and was not against the weight of the evidence where competent evidence was presented that he and the victim resided together. R.C. 2919.25(A); cohabitate.PietrykowskiLucas 11/3/2022 11/3/2022 2022-Ohio-3928
Andrews v. Andrews OT-21-020Appellant’s first three assignments of error are barred from review by res-judicata. Appellant was not entitled to counsel at purge hearing. Trial court did not abuse its discretion in imposing contempt sentence. Judgment affirmed.OsowikOttawa 10/28/2022 10/28/2022 2022-Ohio-3854
State v. Carter OT-21-023Claims of ineffective assistance must fail where appellant does not demonstrate prejudice. Right to confront witnesses not violated through application of the rape shield law where probative value of questioning regarding the victim’s true allegations of sexual assault by a third party would have been minimal on establishing that the victim was not credible. Expert witnesses are allowed to testify on the general characteristics of child sexual assault victims.PietrykowskiOttawa 10/28/2022 10/28/2022 2022-Ohio-3855
State v. Patton H-22-001Trial court’s motion to suppress decision, granting appellant’s motion, in part, and denying it, in part, was supported by competent, credible evidence. Judgment affirmed.OsowikHuron 10/28/2022 10/28/2022 2022-Ohio-3856
State v. Strang L-21-1264Consecutive sentences.DuhartLucas 10/28/2022 10/28/2022 2022-Ohio-3857
State v. Williams L-22-1012The trial court’s decision to deny bail under R.C. 2937.222 was supported by sufficient evidence from which the trial court could have formed a firm belief or conviction that (1) the presumption was great that appellant committed the serious felony offenses he was charged with, (2) appellant posed a substantial risk of serious physical harm to the victim, and (3) no release conditions would reasonably assure the safety of the victim and the community.MayleLucas 10/28/2022 10/28/2022 2022-Ohio-3858
State v. Deselms OT-21-037Judgment affirmed where record demonstrated understanding of elements of offenses and record did not support claims of confusion relative to entering plea, with no claim of prejudice in challenging non-constitutional requirements in plea colloquy.ZmudaOttawa 10/21/2022 10/21/2022 2022-Ohio-3769
State v. Garber S-21-018Defendant’s intellectual disability, on its own, did not necessitate a competency hearing. Dialogue with the court during the plea hearing did not demonstrate defendant’s incompetency. Trial counsel was not ineffective for failing to request a competency evaluation.OsowikSandusky 10/21/2022 10/21/2022 2022-Ohio-3770
State v. McIntosh L-21-1207R.C. 2907.02(A)(1)(c) is not void for vagueness for failure of the legislature to define “mental condition.” The state presented evidence that sexual conduct occurred, that victim suffered from a mental condition that substantially impaired her ability to resist of consent to sexual conduct, and that defendant knew this, or had reasonable cause to believe this. This evidence was sufficient to support his conviction under R.C. 2907.02(A)(1)(c)MayleLucas 10/21/2022 10/21/2022 2022-Ohio-3771
State v. Roberts E-21-047The trial court did not err in granting limited driving privileges for a class-one lifetime license suspension. R.C. 4510.021; R.C. 4510.13.PietrykowskiErie 10/21/2022 10/21/2022 2022-Ohio-3772
In re Trust of Tary v. Seiple L-21-1256Probate court’s decision to remove trustee for serious breach of trust is not an abuse of discretion where the trustee transferred property out of a trust, where she was a co-residual beneficiary with her sister, into a newly created trust naming herself as the sole residual beneficiary to the exclusion of her sister.PietrykowskiLucas 10/21/2022 10/21/2022 2022-Ohio-3773
State v. Anderson WD-22-013Reagan Tokes Law. Constitutional.DuhartWood 10/14/2022 10/14/2022 2022-Ohio-3680
Brandt v. Huggy's Coffee & Wine Bar, L.L.C. E-22-004Summary judgment properly granted in favor of premises occupier where step was an open and obvious condition.DuhartErie 10/14/2022 10/14/2022 2022-Ohio-3681
State v. Brown L-21-1220Whether plea was knowingly, voluntarily and intelligently entered into; whether appellant was competent to plea; ineffective assistance of counsel.DuhartLucas 10/14/2022 10/14/2022 2022-Ohio-3683
Buckley v. Croghan Colonial Bank L-22-1103Complaint is subject to dismissal under Civ.R. 12(B)(6), where it seeks damages for appellee’s failure to correct an allegedly defective appraisal without establishing any legal duty obligating appellee to do so.ZmudaLucas 10/14/2022 10/14/2022 2022-Ohio-3684
Nonprasit v. Ohio Teaching Family Assn. L-22-1027Trial court erred in denying summary judgment to political subdivision in wrongful death action, where the political subdivision is immune from suit under Chapter 2744 of the Ohio Revised Code and appellees failed to establish that such immunity should be abrogated under the exception to immunity set forth in R.C. 2744.02(B)(4).ZmudaLucas 10/14/2022 10/14/2022 2022-Ohio-3685
State v. Farris E-21-033Judgment affirmed where trial court did not abuse its discretion in relying on out-of-court statements and an unauthenticated record of a Michigan extradition proceeding, as evidence not clearly hearsay and Evid.R. 101(C) excepts application of rules of evidence in community control proceedings.ZmudaErie 10/7/2022 10/7/2022 2022-Ohio-3584
State v. Allen WD-21-069Appellant’s conviction for involuntary manslaughter is not based on insufficient evidence or against the manifest weight of the evidence where Facebook and phone records show that appellant provided drugs to the victim, appellant’s DNA was on the baggie containing the drugs, the baggie contained fentanyl, and the victim died from a fentanyl overdose.OsowikWood 9/30/2022 9/30/2022 2022-Ohio-3493
State v. Bricker F-21-013Violation of protection orders. Post release control. Consecutive sentences. Court costs.DuhartFulton 9/30/2022 9/30/2022 2022-Ohio-3494
State v. Cooks S-21-023Denial of presentence motion to withdraw guilty plea not an abuse of discretion where the trial court appropriately considered the factors, and where although prejudice to the state was minimal, appellant failed to present a reasonable and legitimate basis to withdraw his plea, but rather motion to withdraw plea was based on a change of heart.PietrykowskiSandusky 9/30/2022 9/30/2022 2022-Ohio-3495
State v. Cunningham L-21-1136Appellant forfeited constitutional challenges to transfer statutes by not raising issues in trial court and not arguing plain error. State presented sufficient evidence to show probable cause. Amenability hearing was fundamentally fair; court could consider remorse and nature of offense. Court did not abuse its discretion by finding appellant amenable to transfer. Court not required to consider possibility of serious youthful offender disposition at amenability stage. Counsel was not ineffective.MayleLucas 9/30/2022 9/30/2022 2022-Ohio-3497
State v. Fanelli WD-21-082Domestic violence. Crim.R. 29. Manifest weight of the evidenceDuhartWood 9/30/2022 9/30/2022 2022-Ohio-3498
State v. Fowler OT-21-031The trial court violated appellant’s right of allocution by introducing new information from outside of the record and relying on it in sentencing appellant without giving appellant or his attorney an opportunity to respond to the new information. The error was not harmless, despite appellant’s failure to object, because the court raised the issue and relied heavily on it to rebut appellant’s version of events.MayleOttawa 9/30/2022 9/30/2022 2022-Ohio-3499
Haddox v. Haddox L-21-1168Appellant’s arguments challenging the trial court’s adoption of a DOPO drafted by her former spouse are barred by res judicata and appeal must be dismissed for lack of jurisdiction, where appellant did not timely appeal the underlying divorce decree and the DOPO was drafted merely to implement the trial court’s previous judgment that was not appealed by appellant.ZmudaLucas 9/30/2022 9/30/2022 2022-Ohio-3500
State v. Hall E-21-039Appellant's speedy trial rights were not violated where the delays were caused by the COVID-19 pandemic, ongoing discovery, and a change of counsel. R.C. 2945.71; R.C. 2945.72PietrykowskiErie 9/30/2022 9/30/2022 2022-Ohio-3501
State v. Maxcy-Tipton WD-22-003Judgment ordering lifetime registry on the arson offender registry affirmed, consistent with precedent in State v. Daniel, 2022-Ohio-1348, 188 N.E.3d 671 (6th Dist.), finding no unconstitutional violation of the separation of powers doctrine; sua sponte certified conflict, accepted in State v. Daniel, 167 Ohio St.3d 1466, 2022-Ohio-2490, 191 N.E.3d 436.ZmudaWood 9/30/2022 9/30/2022 2022-Ohio-3502
Metz v. CSX Transp. Corp. L-21-1255Trial court did not err in granting summary judgment in favor of railroad companies on appellant’s claim under the Federal Employers Liability Act, where the claim was filed outside the applicable three-year statute of limitations.ZmudaLucas 9/30/2022 9/30/2022 2022-Ohio-3503
State v. Moore E-21-041In a case involving the merger of allied offenses at sentencing, on remand the trial court erred in failing to conduct a de novo resentencing hearing on the affected charges. Wilson; Bonnell.PietrykowskiErie 9/30/2022 9/30/2022 2022-Ohio-3504
Moton v. Schafer L-21-1214No trial court error granting Civ.R. 12(B)(6) motion to dismiss and finding existence of settlement terms. Judgment affirmed. motion to dismiss, res judicata, settlement agreement, essential termsOsowikLucas 9/30/2022 9/30/2022 2022-Ohio-3505
State v. Reynolds WD-21-084OVI conviction was not against weight or sufficiency of evidence where state presented evidence that appellant operated vehicle while under influence of drugs of abuse. Jury did not clearly lose its way in resolving evidentiary conflicts in state’s favor. Appellant failed to demonstrate that there was reasonable probability that outcome of proceedings would have been different had trial counsel moved to suppress evidence.MayleWood 9/30/2022 9/30/2022 2022-Ohio-3506
State v. Seem S-21-014Trial court erred in denying motion to suppress evidence taken from seized cellphone. State failed to show that an exception to warrant requirement justified warrantless seizure of cellphone. Appellant’s consent to search of phone was premised on his acquiescence to officer’s claim of lawful authority to immediately seize phone. Exigency exception did not apply because state failed to articulate probable cause for seizing phone.MayleSandusky 9/30/2022 9/30/2022 2022-Ohio-3507
State v. Stevens L-21-1182The trial court used the proper standard of proof - proof beyond a reasonable doubt - to convict appellant. Appellant's conviction is supported by sufficient evidence and is not against the manifest weight of the evidence.MayleLucas 9/30/2022 9/30/2022 2022-Ohio-3508
Al-Bey v. Olender L-22-1197Pursuant to R.C. 2725.03, this court lacks jurisdiction to consider petition for writ of habeas corpus where petitioner alleged that he was being wrongfully imprisoned in a state correctional institution located outside of this appellate district.MayleLucas 9/27/2022 9/27/2022 2022-Ohio-3393
State v. Bradley L-21-1143The trial court’s decision to deny the defendant’s motion to suppress is affirmed. Appellant failed to provide contrary evidence to question the reliability of the officer’s testimony. The trier of fact is in the best position to determine issues of credibility. Appellant failed to establish that he was indigent. The court’s imposition of mandatory fines and costs pursuant to O.R. C. 4511.19(G)(1) is affirmed.OsowikLucas 9/23/2022 9/23/2022 2022-Ohio-3352
State v. Clinton E-21-019, E-21-020, E-21-021Reagan Tokes Act. Constitutional.DuhartErie 9/23/2022 9/23/2022 2022-Ohio-3353
State v. Costello L-22-1004Appellant's sentencing challenge denied where his argument--that the trial court's imposition of a lengthy prison term fails to comport with the principles and purposes of sentencing under R.C. 2929.11 and 2929.12--is precluded by State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649. Appellant's request that appellate court ignore binding precedent from the Ohio Supreme Court also rejected.MayleLucas 9/23/2022 9/23/2022 2022-Ohio-3354
State v. Craig WD-22-001Appellant’s petition did not meet the requirements of R.C. 2953.23(A) for filing a successive postconviction petition beyond the time period listed in R.C. 2953.21. Even if the petition were timely filed, the claims contained within appellant’s petition are bared by res judicata.DuhartWood 9/23/2022 9/23/2022 2022-Ohio-3355
State v. Cruz E-21-057Trial court did not rely on false and unreliable information at sentencing and, thus, the trial court did not err in violation of appellant’s due process rights. Trial court properly considered appellant’s juvenile record when weighing R.C. 2929.12 factors. Trial court correctly found under R.C. 2929.12(B)(6) that the relationship with the victim facilitated the offense. Also, this court is precluded from independently weighing the evidence in connection with R.C. 2929.11 and 2929.12 directives.DuhartErie 9/23/2022 9/23/2022 2022-Ohio-3356
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