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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Ward v. Ohio Dept. of Job & Family Servs. E-19-055In an administrative appeal to determine entitlement to benefits, R.C. 119.092 does not provide for award of attorney fees. Trial court's judgment reversed as to attorney fees, but affirmed as to reversal of agency's decision regarding entitlement to private duty nursing services.ZmudaErie 6/30/2020 6/30/2020 2020-Ohio-3551
State v. McKinney L-19-1033Appellant’s convictions for rape and kidnapping were not against the weight of the evidence, were not allied offenses, and his consecutive sentence was not contrary to law. Inconsistent; DNA; merger; plain error; R.C. 2929.14(C)(4).PietrykowskiLucas 6/30/2020 6/30/2020 2020-Ohio-3547
Musil v. Gerken Materials, Inc. L-19-1262Summary judgment in favor of appellee on claims of disability discrimination and retaliation is appropriate where appellant provided no evidence that he was able to perform the functions of the job, even with a reasonable accommodation, or that he engaged in a protected activity, respectively. Trial court does not abuse its discretion in denying motion for leave to amend the complaint where motion was untimely filed after summary judgment motion, resulting in prejudice to appellee.PietrykowskiLucas 6/30/2020 6/30/2020 2020-Ohio-3548
Sullinger v. Sullinger L-19-1261Trial court affirmed after clarification of wages of husband, with no abuse of discretion by the court in determining a reasonable and appropriate award of spousal support based on present earnings as part of consideration of the statutory factors.ZmudaLucas 6/30/2020 6/30/2020 2020-Ohio-3549
State v. Wynn L-19-1003Statements by the defendant regarding past false accusations of rape constitute evidence of prior bad acts in a rape trial. Admission of prior bad acts evidence is harmless beyond a reasonable doubt where there is overwhelming evidence of appellant’s guilt. In imposing consecutive sentences, R.C. 2929.14(C)(4)(b) requires that a court find that the harm from multiple offenses is great or unusual, not that the course of conduct results in harm that is great or unusual.PietrykowskiLucas 6/30/2020 6/30/2020 2020-Ohio-3550
Deutsche Bank Natl. Trust Co. v. Boreman OT-18-031Summary judgment in appellee’s favor was proper. Appellee’s affiant was competent to testify to the facts in his affidavit, making the affidavit admissible. Appellee properly authenticated the business records it submitted in support of summary judgment, presented admissible evidence that it properly sent notice of default, presented admissible evidence of the balance due, and established its right to enforce the note and mortgage.MayleOttawa 6/30/2020 6/30/2020 2020-Ohio-3545
State v. Horn 2016WD0053remand – rape – R.C. 2907.02(A)(1)(c) – substantial impairment – low functioningCarrWood 6/30/2020 6/30/2020 2020-Ohio-3546
State v. Maire S-19-033Consecutive sentences. Statutorily required findings under R.C. 2929.14(C)(4). Sentence contrary to law.SingerSandusky 6/26/2020 6/26/2020 2020-Ohio-3491
State v. Wallace S-19-041Trial court’s imposition of prison sentence following felony conviction was not contrary to law. Trial court considered all necessary factors prior to imposing sentence.ZmudaSandusky 6/26/2020 6/26/2020 2020-Ohio-3494
Byrneport Apts. II v. Williams L-19-1277Appellant failed to establish that $1 per day late fee contained in a HUD-approved lease agreement was unconscionable. Landlord was not estopped from evicting appellant upon nonpayment of rent where the landlord had not previously accepted late rent payments beyond period set forth in ten-day notice provided to appellant. ZmudaLucas 6/26/2020 6/26/2020 2020-Ohio-3488