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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
State v. Kidder
| 24 CO 0048 | father convicted of raping son; Evid.R. 702 expert witness testimony; no plain error in admitting expert opinion on sexual abuse; no Confrontation Clause violations; testimony as to statements by others not hearsay; no excited utterance; harmless error; sufficient evidence to support convictions; counsel not ineffective | Hanni | Columbiana |
8/14/2025
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8/15/2025
| 2025-Ohio-2905 |
State v. Nelder
| 25 CO 0003 | Felony sentencing standard of review; trial court’s consideration of mental health prior to imposing a sentencing is found within the record; arguments not properly raised on appeal need not be addressed. | Waite | Columbiana |
8/14/2025
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8/15/2025
| 2025-Ohio-2906 |
State v. Corlett
| 25 MA 0015 | unlawful sexual conduct with a minor; maximum sentence on one count; sentence not contrary to law; nunc pro tunc judgment to correct clerical error | Hanni | Mahoning |
8/14/2025
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8/15/2025
| 2025-Ohio-2907 |
State v. Granberry
| 25 CO 0004 | Compelling prostitution; attempted unlawful sexual conduct with a minor; engaging in prostitution; possession of criminal tools; postconviction petition; not entitled to hearing; petition barred by res judicata | Hanni | Columbiana |
8/13/2025
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8/13/2025
| 2025-Ohio-2854 |
State v. Levesque
| 25 MA 0025 | CRIMINAL LAW – misdemeanor telecommunications harassment; no contact order; community control violation; 30-day jail sentence stayed pending appeal; the trial court complied with the R.C. 2929.21 and 2929.22 statutory mandates and did not commit plain error or abuse its discretion; judgment affirmed. | Dickey | Mahoning |
8/11/2025
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8/12/2025
| 2025-Ohio-2834 |
Massacci v. Sloan-Massacci
| 25 MA 0004 | CIVIL – divorce; R.C. 3105.01(J); Civil R. 75(M); corroborating evidence; judicial notice of the record; Civ.R. 53(D)(4)(b); Civ.R. 53(D)(4)(d); abuse of discretion. | Dickey | Mahoning |
8/8/2025
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8/11/2025
| 2025-Ohio-2825 |
Menges v. Strunk
| 24 BE 0018 | CIVIL – State ex rel. Consortium For Economic & Community Dev. For Hough Ward 7 v. McMonagle, 2016-Ohio-4704 (8th Dist.); jurisdictional-priority rule; Civil R. 3(A); commenced; service; Civil Rule 5(A). | Per Curiam | Belmont |
8/6/2025
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8/7/2025
| 2025-Ohio-2766 |
State v. Howze
| 25 BE 0005 | DRUG OFFENSES – aggravated possession of drugs; trafficking in tramadol; possession of drugs; forfeiture specifications; proportionality review hearing following remand; forfeiture of Appellant’s vehicle to the State does not constitute an excessive fine; R.C. 2981.02(A)(1)(c)(i); R.C. 2981.04(B); R.C. 2981.09(A), (C)(1)-(5), (D)(1)-(2); judgment affirmed. | Dickey | Belmont |
7/25/2025
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7/28/2025
| 2025-Ohio-2630 |
State v. Boyer
| 24 CO 0046 | felonious assault; domestic violence; convictions not against manifest weight of the evidence; no ineffective assistance of counsel; evidence did not support jury instruction on inferior-degree offense of aggravated assault | Hanni | Columbiana |
7/25/2025
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7/28/2025
| 2025-Ohio-2627 |
State v. Everson
| 24 MA 0097 | CIVIL -- postconviction petition; second or successive; recanting affidavit; eye witness; veracity; prosecutorial misconduct; unavoidably prevented; clear and convincing evidence; constitutional violation. | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2628 |
State v. James
| 24 MA 0104 | CRIMINAL – consecutive sentences; separate cases; res judicata; resentencing; remand; de novo; limited; App. R. 16(A)(7). | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2629 |
State v. Aponte-Rodriguez
| 25 MA 0002 | CRIMINAL LAW – rape; gross sexual imposition; sentenced to prison following jury trial; Tier III Sex Offender; four-year-old victim; hearsay; Evid.R. 803(4); exceptions; sufficiency; R.C. 2907.02(A)(1)(b) and (B); R.C. 2907.05(A)(4) and (C)(2); judgment affirmed. | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2631 |
State v. Parker
| 25 MA 0006 | domestic violence; receiving stolen property; having weapons while under a disability; assault; felonious assault; firearm specification; court imposed jointly recommended sentence; guilty plea knowingly, voluntarily, and intelligently entered | Hanni | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2632 |
State ex rel. Tapscott v. Mahoning Cty. Court of Common Pleas, Gen. Div.
| 25 MA 0041; 25 MA 0049 | Writ of Prohibition; Consecutive Sentencing; R.C. 2929.14(C)(4); R.C. 2969.25(C); Sui Juris; Mandated Findings; Adequate Remedy; Civ.R. 12(B)(6); Civ.R. 56. | Per Curiam | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2633 |
State v. Vinka
| 25 BE 0002 | Assault, R.C. 2903.13(A)(4), jury instructions; plain error, Crim. R. 30(A); Crim. R. 52(B); insufficiency of the evidence; manifest weight of the evidence; knowingly under R.C. 2901.22(B); close proximity; ineffective assistance of counsel; maximum sentence cruel and unusual punishment; maximum sentence contrary to law; presumption against maximum sentence; sentencing statutes, R.C. 2929.11, 2929.12; felony sentence | Hanni | Belmont |
7/21/2025
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7/21/2025
| 2025-Ohio-2567 |
Midland Credit Mgt. Inc. v. Bowers
| 24 MO 0018 | CIVIL – R.C. 2711.02; R.C. 2711.03; motion to stay; motion to enforce arbitration agreement; action on an account; standing to enforce arbitration agreement; assignment of credit card account; use of credit card; did not receive cardmember agreement; Civil Rule 56(E). | Dickey | Monroe |
7/21/2025
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7/22/2025
| 2025-Ohio-2578 |
State v. Sargent
| 25 MA 0005 | CRIMINAL – pandering sexually oriented matter involving a minor or impaired person; R.C. 2907.322(A)(5); allied offenses of similar import; consecutive sentences; tier two sex offender classification; notice regarding sex-offender registry; R.C. 2950.03. | Dickey | Mahoning |
7/18/2025
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7/22/2025
| 2025-Ohio-2579 |
State v. Ford
| 24 MA 0109 | CRIMINAL – R.C. 2919.27(A); violation of a protective order; misdemeanor sentence; abuse of discretion; no criminal history; uncharged conduct. | Dickey | Mahoning |
7/11/2025
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7/14/2025
| 2025-Ohio-2476 |
State v. Melott
| 24 BE 0057 | Voluntary nature of plea agreement; trial court involvement in plea negotiations; State v. Byrd, 63 Ohio St.2d 288 (1980); self-defense; waiver; presumption in favor of concurrent sentences; ineffective assistance of counsel; prejudice. | Robb | Belmont |
7/8/2025
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7/10/2025
| 2025-Ohio-2444 |
State v. Williamson
| 24 MO 0020; 24 MO 0021; 24 MO 0022 | Application to seal records of dismissed cases denied; defendant charged with Operating a Vehicle Impaired ("OVI"), vandalism, domestic violence, and attempted aggravated vehicular assault; R.C. 2953.61; defendant pleaded guilty to OVI, entered a diversion program on an amended charge, all remaining charges dismissed; related charges arising out of the same conduct may only be sealed if all the charges may be sealed; a conviction for OVI may not be sealed; affidavit attached to original complaint showed that all charges arose from same conduct; judgment affirmed. | Waite | Monroe |
6/30/2025
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7/7/2025
| 2025-Ohio-2402 |
In re Adoption of H.M.M.
| 25 CO 0010 | Adoption petition alleged that natural mother's consent was not needed due to de minimis contact; R.C. 3107.07(A); mother claimed justification due to interference of father by hiding his address and phone number; record shows lack of contact for seven years, father shared his contact information with mother when he moved, mother's testimony was not credible; judgment affirmed. | Waite | Columbiana |
6/27/2025
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7/7/2025
| 2025-Ohio-2403 |
State v. Yu
| 24 BE 0037, 24 BE 0041 | Pre-sentencing motion to withdraw guilty plea; credibility; factors; abuse of discretion; ineffective assistance of counsel; substantial compliance; right to appeal. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2377 |
In re J.H.
| 25 BE 0013 | affirming termination of parental rights where mother raises: venue in county imposing prison sentence during which mother gave birth while incarcerated; sufficiency of notice in permanent custody motion; ground versus factor; lack of counsel at emergency shelter care hearing; sufficiency and weight of the evidence on finding child cannot be placed with the mother within a reasonable time; ineffective assistance of counsel; cumulative error. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2380 |
Ohio River Resources, L.L.C. v. Westfall
| 24 MO 0017 | Motion for judgment on the pleading; Civ.R. 12(C); pleadings closed; harmless error; abandoned of record; R.C. 5301.56(H)(2); liberal construction. | Robb | Monroe |
6/26/2025
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7/7/2025
| 2025-Ohio-2379 |
State v. May
| 24 MA 0085 | affirming aggravated murder and other offenses; sufficiency; weight; admission of online rap video; supplemental jury instruction on circumstantial evidence; rejection of incomplete stipulation on a prior conviction; cumulative error. | Robb | Mahoning |
6/25/2025
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7/7/2025
| 2025-Ohio-2378 |
State v. Bugno
| 25 MA 0003 | Untimely postconviction petition; untimely motion for a new trial; jurisdictional defects strip a trial court of the ability to hear the case. | Waite | Mahoning |
6/18/2025
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7/7/2025
| 2025-Ohio-2404 |
State v. Wieder
| 24 MA 0107 | CRIMINAL – R.C. 2913.02(A)(2); beyond the scope of the express or implied consent of the owner or person authorized to give consent; services; beauty salon; sufficiency of the evidence; manifest weight of the evidence, intent to deprive when the service provider revokes consent to any additional delay in payment. | Dickey | Mahoning |
6/16/2025
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6/17/2025
| 2025-Ohio-2128 |
Stephens v. Zusack
| 25 BE 0024 | habeas corpus; filing requirements; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
6/16/2025
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6/17/2025
| 2025-Ohio-2129 |
McPherson v. McPherson
| 24 CO 0049 | DOMESTIC RELATIONS – GENERAL – uncontested divorce; agreed judgment, final divorce decree; final appealable order; jurisdiction; duration of marriage; R.C. 3105.171(A)(2)(a); parties agreed to spousal support; R.C. 3105.18; pro se litigants held to same standard as those represented by counsel; judgments affirmed but remanded for the trial court to vacate its second judgment entry granting a divorce to the parties. | Dickey | Columbiana |
6/10/2025
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6/10/2025
| 2025-Ohio-2064 |
State v. Price
| 24 CO 0036 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2091 |
State v. Price
| 24 CO 0037 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2092 |
State v. Price
| 24 CO 0038 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2093 |
State v. Price
| 24 CO 0039 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2094 |
State v. Price
| 24 CO 0040 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2095 |
State v. Parks
| 25 CA 0983 | POST CONVICTION RELIEF – pro se motion for a new plea hearing; dismissed. RES JUDICATA – Appellant’s attempts to challenge his conviction and guilty plea were raised or could have been raised on direct appeal or in his previous postconviction filings; judgment affirmed. | Dickey | Carroll |
6/9/2025
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6/10/2025
| 2025-Ohio-2053 |
State v. Figueroa
| 24 MA 0108 | Abuse of discretion; pre-sentencing motion to withdraw guilty plea; factors. | Robb | Mahoning |
6/5/2025
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6/5/2025
| 2025-Ohio-1997 |
Estate of Gregory v. QDP Wholesale Auto, L.L.C.
| 24 MA 0087 | CIVIL – summary judgment; Civ.R. 56; de novo review; escrow; Appellant elected to proceed with a cash only closing; caveat emptor; Appellee had no contractual duty to procure title insurance; no misrepresentation; negligence and fraud claims are barred by the economic loss doctrine; Civ.R. 8(E)(2); promissory estoppel; judgment affirmed. | Dickey | Mahoning |
6/2/2025
|
6/3/2025
| 2025-Ohio-1979 |
Durr Farms, L.L.C. v. Siltstone Resources, L.L.C.
| 24 BE 0050 | CIVIL – fraud in the inducement; breach of warranty deed; public record; caveat emptor; title search; title insurance. | Dickey | Belmont |
5/29/2025
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5/30/2025
| 2025-Ohio-1942 |
State v. McBride
| 24 CO 0033 | Motion for en banc review is overruled; appellant has not cited a conflict between two opinions of this court; motion for reconsideration is overruled; appellant merely disagrees with the analysis in our underlying opinion; motion to certify conflict is overruled; First District case cited as a conflict merely differs in the facts and not the law; motions dismissed. | Per Curiam | Columbiana |
5/23/2025
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5/28/2025
| 2025-Ohio-1911 |
State v. Moore
| 24 CO 0042 | Felony attempted tampering with evidence and endangering children; guilty plea; Crim.R. 11(C)(2)(a); appellant sentenced to 120 days in country jail; appellant argued that the possibility of local jail time was not properly explained and that her plea was not made knowingly, intelligently, or voluntarily; the record shows that possible local jail time was explained in the plea agreement and at the change of plea hearing; judgment affirmed. | Waite | Columbiana |
5/23/2025
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5/28/2025
| 2025-Ohio-1913 |
Nicholson v. Youngstown
| 24 MA 0099 | House demolished pursuant to emergency order; city granted summary judgment due to governmental immunity, lack of pleading of due process claim, and city ordinances; Ohio is a notice pleading state; complaint sufficient to plead procedural due process; record does not show actual emergency existed to allow for emergency demolition; summary judgment reversed as to the due process claim. | Waite | Mahoning |
5/23/2025
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5/28/2025
| 2025-Ohio-1915 |
State v. Rayle
| 24 CO 0034 | Twenty counts pandering obscenity involving a minor or impaired person; guilty plea entered knowingly, voluntarily, and intelligently; consecutive sentences not contrary to law; no cruel or unusual punishment; R.C. 2947.23; counsel not ineffective | Hanni | Columbiana |
5/22/2025
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5/28/2025
| 2025-Ohio-1912 |
Stephens v. Zusack
| 25 BE 0019 | habeas corpus; filing requirements not satisfied; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
5/22/2025
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5/28/2025
| 2025-Ohio-1917 |
Bonar v. Zusack
| 25 BE 0020 | habeas corpus; filing requirements not satisfied; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
5/21/2025
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5/22/2025
| 2025-Ohio-1822 |
State v. Reese
| 24 MA 0092 | Untimely filed motion for reconsideration; App.R. 26(A); appellant merely disagrees with our opinion and does not raise any obvious errors or point to matters that were either not considered or not fully considered; motion dismissed. | Per Curiam | Mahoning |
5/21/2025
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5/28/2025
| 2025-Ohio-1914 |
State v. Reese
| 24 MA 0106 | affirming denial of post-conviction application for DNA testing; cited type of DNA testing existed at time of 2014 trial; defendant assumes recent developments increased likelihood of finding comparable DNA on a fired shell casing; potential discovery of DNA of casing and potential exclusion of him as contributor would not satisfy statutory outcome determinative test. | Robb | Mahoning |
5/21/2025
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5/28/2025
| 2025-Ohio-1916 |
State v. Christian
| 07 JE 0009 | Application for reopening; App.R. 26(B)(5); untimely. | Per Curiam | Jefferson |
5/21/2025
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5/21/2025
| 2025-Ohio-1817 |
State v. Richardson
| 24 MA 0101 | res judicata; postconviction relief; abuse of discretion; de novo review. | Robb | Mahoning |
5/20/2025
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5/21/2025
| 2025-Ohio-1818 |
State v. Washington
| 24 MA 0098 | Post-conviction relief petition, R.C. 2953.21(A)(1); res judicata; de hors the record; affidavits in support of his post-conviction relief; credibility of affidavits; abuse of discretion | Hanni | Mahoning |
5/19/2025
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5/19/2025
| 2025-Ohio-1774 |
Landers Lewis Ins. Agency & Consulting Serv., L.L.C. v. Buchanan & Landers Ins. Group, L.L.C.
| 24 MA 0100 | CIVIL – Civ.R. 60(B); motion to vacate; objections; summary judgment; GTE prongs; timely filed; Appellants fail to demonstrate a meritorious defense or claim; Appellants are not entitled to relief under Civ.R. 60(B)(5); Civ.R. 4.1(A)(1)(a); service perfected via certified mail; Civ.R. 5(B)(2)(c); service perfected via United States mail to Appellants’ last known address; judgment affirmed. | Dickey | Mahoning |
5/19/2025
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5/20/2025
| 2025-Ohio-1791 |
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