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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Tatum v. Dawson 22 HA 0005CIVIL – A reasonably diligent search conducted by a surface owner attempting reunification of surface and mineral interest pursuant to Dormant Mineral Act, R.C. R.C. 5301.56, must extend beyond the county where the property is located, where evidence in the public records in the situs county establishes the current mineral interest owner may reside in a different county.D'ApolitoHarrison 5/24/2023 5/25/2023 2023-Ohio-1746
State v. Hartung 22 BE 0029CIVIL – A postconviction petition predicated upon an affidavit admitted at the sentencing hearing is barred by res judicata as it does not rely on evidence outside of the record. In the alternative, an affidavit contradicting the contents of a search warrant is not prima facie evidence of a due process violation where the body camera video footage of the controlled buy supports the contents of the search warrant.D'ApolitoBelmont 5/23/2023 5/24/2023 2023-Ohio-1736
In re D.R.H. 22 MA 0095Motion to vacate; post-sentence motion to withdraw plea; Juv.R. 29(D); acceptance of juvenile’s admission; Juv.R. 37(A) requires juvenile courts to make a record of all adjudicatory and dispositional hearings and hearings before magistrates; discretion; no manifest injustice alleged; res judicata.RobbMahoning 5/18/2023 5/19/2023 2023-Ohio-1694
State v. Anderson 22 MO 0001application for reconsideration deniedPer CuriamMonroe 5/18/2023 5/19/2023 2023-Ohio-1695
Thackston v. Zembower 21 MA 0112Sale of residential real estate; breach of purchase agreement; misrepresentations in property disclosure form; R.C. 5302.30; burden of proof; summary judgment; as-is clause; non-conforming summary judgment evidence; Civ.R. 56(C); waived objection; trial court’s discretion; fraudulent concealment claim differs from fraudulent misrepresentation.RobbMahoning 5/18/2023 5/19/2023 2023-Ohio-1690
State v. Whitacre 21 MO 0008application for reconsideration; no obvious error; App.R. 26(A)(1)Per CuriamMonroe 5/18/2023 5/19/2023 2023-Ohio-1691
State v. Christian 22 CO 0026CRIMINAL LAW – OVI; marked lanes violation; safety belt violation; motion to suppress following a hearing; no contest plea; Fourth Amendment; probable cause and reasonable suspicion standards often exist together when a traffic stop is made; Appellant questions the “as nearly as is practicable” language contained in R.C. 4511.33(A)(1); the officer had both a reasonable suspicion and probable cause to justify the traffic stop due to the traffic violation; the officer observed Appellant’s vehicle travel into the hazardous zone, swerve within the lane, and cross over the center line; the traffic stop was constitutionally valid; the trial court did not err in denying Appellant’s motion to suppress; judgment affirmed.D'ApolitoColumbiana 5/17/2023 5/19/2023 2023-Ohio-1692
State v. Adams 22 MA 0009CRIMINAL LAW – engaging in a pattern of corrupt activity; grand theft of a motor vehicle; guilty plea; total, indefinite term of six years (minimum) to nine years (maximum) prison sentence; R.C. 2953.08(G); the trial court considered the R.C. 2929.11 and 2929.12 factors; Appellant’s sentence is within the statutory range for the second degree felony offense; R.C. 2929.14(A)(2)(a); R.C. 2929.144(B)(1); Appellant’s sentence is not contrary to law; however, the sentencing entry does not comport with the sentence pronounced by the trial court at the sentencing hearing; at the sentencing hearing, the court made no determination or R.C. 2929.14(C)(4) findings regarding running any counts consecutively; however, in its sentencing entry, the trial court added consecutive sentences; judgment reversed and remanded for the trial court to correct and specify Appellant’s concurrent sentence in a nunc pro tunc sentencing entry.D'ApolitoMahoning 5/17/2023 5/19/2023 2023-Ohio-1693
Barack v. Belmont Savs. Bank 22 BE 0051CIVIL – Appellees’ second motion for summary judgment following this court’s reversal and remand in Appellants’ first appeal granted; Civ.R. 56; de novo review; Special Meeting; amendments; member voting; Ohio law; Article 5, Section 4 of the Bank’s constitution; written notice; R.C. 1701.41; Appellees did not act negligently or in bad faith when they attempted to publish proper notice in The Times Leader; the actions taken at the Special Meeting were proper and the Amendments were approved by the Ohio Department of Commerce, Division of Financial Institutions; Appellants took no action until four years after the Special Meeting; Appellant Cody Barack has no standing to challenge any action with respect to the Bank; Appellants cannot show that the outcome would have been different but for The Times Leader’s publication error; Appellants have not demonstrated a cognizable claim that presents an actual controversy; the trial court did not err in granting Appellees’ second motion for summary judgment; judgment affirmed.D'ApolitoBelmont 5/16/2023 5/18/2023 2023-Ohio-1679
Bova v. B & J Pools, Inc. 22 MA 0033claims for breach of contract and unjust enrichment; bench trial; unjust enrichment claim could not stand when the parties have enforceable contract; damages reduced to amount owed on breach of contract; manifest weight of evidence did not support anticipatory breachHanniMahoning 5/16/2023 5/18/2023 2023-Ohio-1680
Bridges v. Gray 22 BE 0034affirming denial of Civ.R. 60(B) motion for relief from dismissal of habeas action.RobbBelmont 5/5/2023 5/17/2023 2023-Ohio-1661
Carpenter v. Carpenter 21 BE 0049CIVIL - Appellate Rule 26(B) Application denied where Appellants simply disagree with the Court’s interpretation of Ohio law.Per CuriamBelmont 5/4/2023 5/4/2023 2023-Ohio-1496
State v. Kempvanee 22 CO 0015compelling prostitution; attempted unlawful sexual conduct with a minor; 50 counts of pandering obscenity involving a minor or impaired person; guilty plea; consecutive sentences; R.C. 2929.14(C)(4); trial court made required consecutive sentence findingsHanniColumbiana 5/4/2023 5/4/2023 2023-Ohio-1497
Wallace Equine Servs., L.L.C. v. J. Arnold Property Mgt. Group, L.L.C. 22 MA 0035CIVIL – motion to vacate default judgment; abuse of discretion standard of review; complaint for failure to pay for excavation services; the clerk initially improperly processed/did not file Appellee’s answer and counterclaim; this case was not left outstanding for a lengthy time nor did it cause undue hardship or prejudice to Appellant; by filing an answer and counterclaim, Appellee presented a meritorious defense; the trial court did not abuse its discretion in granting Appellee’s motion to vacate as fundamental fairness requires that this case be decided on its merits; judgment affirmed.D'ApolitoMahoning 5/4/2023 5/4/2023 2023-Ohio-1498
State v. Dumas 22 MA 0075restitution hearing; felony restitution order standards of review; R.C. 2953.08; R.C. 2929.18; amount of restitution; victim of restitution; “otherwise contrary to law”; Ohio Rules of Evidence at restitution hearing; Crim. R. 52(B); Evid. R. 601; Evid. R. 602; plain errorHanniMahoning 5/4/2023 5/4/2023 2023-Ohio-1499
State v. Gilmore 22 MA 0067CRIMINAL LAW – involuntary manslaughter; aggravated burglary; jointly recommended, total indefinite sentence of 11 years (minimum) to 15 years (maximum) in prison; guilty plea; Appellant only takes issue with his right to a trial by jury, a constitutional right; Crim.R. 11(C)(2)(c); notice requirements for constitutional rights are reviewed for strict compliance; the record reveals the trial court strictly complied with the constitutional notice provisions; the trial court referenced “jury” during the constitutional rights colloquy at the plea hearing; ambiguity as to the explanation of Appellant’s constitutional right to a trial by jury; this court is permitted to look to other parts of the record to determine compliance, including the written plea agreement, which includes Appellant’s understanding that he was waiving his “right to a trial by jury”; the record also shows this case was set for a trial by jury at least four times prior, and had been continued each time upon motions filed by Appellant; Appellant’s guilty plea was entered knowingly, intelligently, and voluntarily; Appellant’s sentence was authorized by law; R.C. 2953.08(D); R.C. 2929.14(A)(1)(a); R.C. 2929.144; judgment affirmed.D'ApolitoMahoning 5/4/2023 5/4/2023 2023-Ohio-1503
Hargrove v. Bobby 22 MA 0121original action; petition for a writ of habeas corpus; motion to dismiss; failure of habeas to comply with R.C. 2725.04’s verification and commitment-papers requirementsPer CuriamMahoning 5/3/2023 5/4/2023 2023-Ohio-1474
State v. Browning 21 CO 0026RECONSIDERATION – App.R. 26(A); pro se application; delayed application permitted if the moving party can establish “extraordinary circumstances”; App.R. 14(B); Appellant filed his application slightly beyond the 10-day timeframe under App.R. 26(A)(1)(a); Appellant fails to establish “extraordinary circumstances”; in addition, we addressed in our decision Appellant’s ineffective assistance of counsel and constitutional claims as well as his claim that the weight of the evidence was insufficient to support his conviction and found no merit in any of his claims; upon consideration of the App.R. 26(A) application, Appellant has not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law; application denied.Per CuriamColumbiana 5/2/2023 5/3/2023 2023-Ohio-1467
State v. Morckel 22 CO 0024failure to comply with an order or signal of a police officer; guilty plea; sentence to be served consecutive to sentence in another case; R.C. 2929.14(C)(4); trial court made required consecutive sentence findings; “history of criminal conduct” includes all events prior to sentencingHanniColumbiana 5/2/2023 5/4/2023 2023-Ohio-1473
State v. Keys 22 MA 0015Motion to suppress; Miranda warnings; public safety exception to Miranda warnings; competent, credible evidenceHanniMahoning 5/1/2023 5/2/2023 2023-Ohio-1454
State v. Graham 21 MA 0060Application for reopening denied.Per CuriamMahoning 4/27/2023 5/2/2023 2023-Ohio-1453
State v. Mosley 22 MA 0091Standard appellate of review for felony sentences; R.C. 2929.13(B)(1)(a); R.C. 2929.13(B)(1)(b); R.C. 2929.13(B)(2)(iii); R.C. 2929.13(B)(2)(x); R.C. 2953.08(G)HanniMahoning 4/26/2023 4/27/2023 2023-Ohio-1362
Anderson v. Monroe Cty. Common Pleas Court 22 MO 0019mandamus; R.C. 2969.25 procedural inmate-filing requirements; R.C. 2969.25(C); affidavit-of-waiver and affidavit-of-indigency requirements; inmate account statement; statement of inmate’s cash and things of value.Per CuriamMonroe 4/25/2023 4/25/2023 2023-Ohio-1343
In re S.S. 22 MO 0021CIVIL – No abuse of discretion where juvenile court awards legal custody to grandparents pursuant to R.C. 2151.353 because Mother has not complied with case plan. No violation of R.C. 2151.419 occurs where the reasonableness of the children’s services agency’s efforts could be gleaned from the record.D'ApolitoMonroe 4/25/2023 4/25/2023 2023-Ohio-1344
State v. Parks 20 CO 0004rape; motion for resentencing; life sentence; R.C. 2967.13(A)(5); not eligible for post-release control; R.C. 2967.28(B); eligible for paroleHanniColumbiana 4/25/2023 4/26/2023 2023-Ohio-1360
Farris v. Mill Creek Metro. Park Dist. 22MA00008Summary judgment; negligence; recreational user immunity defense; political subdivision immunity; breach of fiduciary duty; open-and-obvious doctrine; R.C. 1533.18; R.C. 1533.181; park district; bicycle; recreational activitySmithMahoning 4/13/2023 4/13/2023 2023-Ohio-1214
State v. Haywood 21 CO 0035More extensive in camera voir dire of murder victim's minor son who testified at trial pursuant to R.C. 2317.01 warranted, error not reversible error; initial admonishment of jury to not discuss the case, R.C. 2945.34, was sufficient; ineffective assistance of counsel not shown; authentication of Facebook posts was adequate due to stipulation; "silent witness" authentication of video evidence; cumulative error not shown; affirmed.WaiteColumbiana 3/31/2023 4/4/2023 2023-Ohio-1121
State v. Dumas 21 MA 0090App.R. 26(A), App.R 30(A), App.R. 14, untimely filing, extraordinary circumstancesPer CuriamMahoning 3/30/2023 3/31/2023 2023-Ohio-1064
In re Estate of McDaniel 22 CA 0956statute of frauds; oral agreement to transfer real estate; family caretaker; decedent; manifest weight of the evidence; credibility for the trier of fact; fraud in the inducement; unjust enrichment; damages; personal property; benefit conferred.RobbCarroll 3/30/2023 3/31/2023 2023-Ohio-1065
McWhirter v. McWhirter 22 JE 0007separation agreement adopted; no showing of elements of duress; Appellant did not waive 14-day objection period to magistrate’s decisionHanniJefferson 3/30/2023 3/31/2023 2023-Ohio-1066
State v. Brado 21 BE 0039Fourth Amendment; search warrant; probable cause; controlled buy; confidential informant; search of containers; scope of search warrant; State v. Cutlip, 7th Dist. Belmont No. 21 BE 0032, 2022-Ohio-3524; manifest weight of the evidence; recorded jail call; complicity; consecutive sentences.WaiteBelmont 3/30/2023 4/4/2023 2023-Ohio-1119
State v. Boyd 21 BE 0048Joinder; Crim.R. 8(A); manifest weight of the evidence; ineffective assistance of counsel; consecutive sentences; State v. Gwynne, -- Ohio St. 3d --, 2022-Ohio-4607, -- N.E.3d --.WaiteBelmont 3/30/2023 4/4/2023 2023-Ohio-1120
State v. Whitacre 21 MO 0008 & 21 MO 0009motion to suppress; mixed question of law and fact; probable cause to arrest; de novo; findings of fact are supported by competent, credible evidence; speedy trial; prima facie case for discharge; ineffective assistance of counsel; stipulation to doctor’s competency report; manifest weight of the evidence.RobbMonroe 3/29/2023 3/30/2023 2023-Ohio-1029
Liles v. Liles 22 MA 0065residential parent’s out of state relocation; change in circumstances; “material and adverse effect upon a child”; other factors; unilateral decision; breakdown in communication; R.C. 3109.04(E)(1)(a); credibility for trier of fact; abuse of discretion; Davis v. Flickinger, 77 Ohio St.3d 415, 674 N.E.2d 1159 (1997).RobbMahoning 3/29/2023 3/30/2023 2023-Ohio-1030
State v. Moore 22 MA 0013murder; attempted murder; Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 171290 L.Ed.2d 69 (1986); race-neutral explanation for peremptory challenge; Evid.R. 401; Evid.R 402; Evid.R. 404(B); witness refused to testify; Crim.R. 29 motion for acquittal; circumstantial evidence sufficient to support convictionHanniMahoning 3/28/2023 3/28/2023 2023-Ohio-1000
State v. Kellie 21 MA 0048Postrelease control cannot be imposed where trial court lacks jurisdiction; res judicata bars argument that consecutive sentences improper where issue not raised on direct appeal.WaiteMahoning 3/24/2023 3/29/2023 2023-Ohio-1015
State v. Strojny 21 MA 0099Child endangering; contributing to the delinquency of a minor; lack of representation at sentencing; sentencing is a critical stage of the proceeding at which counsel must be present; presentence motion to withdraw a guilty plea; bias of municipal judge; due to irregularities at sentencing, including the fact that counsel was not present, sentence is reversed and the plea is withdrawn; upon remand, Appellant may file an affidavit of bias under R.C. 2701.031.WaiteMahoning 3/24/2023 3/29/2023 2023-Ohio-1016
State v. Barr 22 BE 0022School coach accused of sexual battery, R.C. 2907.03; no contest plea; denial of pretrial Civ.R. 12(C) motion; trial court could not rule on the ultimate issue of trial in a pretrial motion to dismiss; interpretation of coaching contract was not a matter of law when extrinsic evidence was presented to resolve ambiguity in the contract; R.C. 2929.12 sentencing factors were properly considered; affirmed.WaiteBelmont 3/24/2023 3/29/2023 2023-Ohio-1017
State v. Yates 22 CO 0006Felony sentencing; sentence recommendation; misstatement of recommendation corrected.WaiteColumbiana 3/24/2023 3/29/2023 2023-Ohio-1019
State v. Sommers 22 CO 0010Child endangering, R.C. 2919.22(B); guilty plea; issue of defense medical expert report arose at sentencing but report was not proffered into evidence; since the medical report is not part of the record it cannot be used to prove ineffective assistance of counsel; failure to offer the report into evidence could have been tactical choice of counsel; judgment affirmed.WaiteColumbiana 3/24/2023 3/29/2023 2023-Ohio-1020
Martin v. Taylor 22 NO 0494American Rescue Plan and CARES Act stimulus checks; R.C. 2329.66; Ohio Adm.Code 5120-5-03(D) prevents a prison from garnishing the entire amount of a prisoner’s account, leaving no funds for monthly garnishments.WaiteNoble 3/24/2023 3/29/2023 2023-Ohio-1021
State v. Walker 21 JE 0017CRIMINAL LAW – felonious assault; second-degree felonies; trial by jury; Appellant’s convictions were supported by sufficient evidence and by the manifest weight of the evidence; R.C. 2953.08(G); consecutive sentence; R.C. 2929.14(C)(4); the trial court made the statutory findings at the sentencing hearing but failed to additionally incorporate them in its sentencing entry; the State concedes this clerical error; affirmed in part, and remanded for the limited purpose of entering a nunc pro tunc entry addressing the consecutive sentence findings made at the sentencing hearing.D'ApolitoJefferson 3/24/2023 3/28/2023 2023-Ohio-998
Smith v. Lucas 22 BE 0060habeas corpus; filing requirements not satisfied; commitment papers; bailPer CuriamBelmont 3/23/2023 3/29/2023 2023-Ohio-1018
State v. Anderson 22 MO 0001rejecting arguments seeking to suppress statement before Mirandize, meth from his pocket after he acknowledged having drugs, and his post-Mirandize statements; sufficiency and weight of the evidence as operability of gun; gun met definition of firearm.RobbMonroe 3/23/2023 3/23/2023 2023-Ohio-945
Allen v. Milligan 22 BE 0017R.C. 2323.51; frivolous conduct; R.C. 2105.06; heirship; probate court jurisdiction; R.C. 2101.24(A)(1); R.C. 2113.01; R.C. 2123.01HanniBelmont 3/22/2023 3/22/2023 2023-Ohio-917
State v. Carter 21 BE 0038rape; application to reopen; App.R. 26(B); appellate counsel not ineffectivePer CuriamBelmont 3/22/2023 3/22/2023 2023-Ohio-915
State v. Johnson 22 MA 0096affirming denial of motion for leave to file new trial motion without hearing; findings of fact and conclusions of law not required.RobbMahoning 3/21/2023 3/22/2023 2023-Ohio-918
State v. Cutlip 21 BE 0032App.R. 26(B)(1); good cause shown for late filing; administrative error; App.R. 26(B)(5); applicant bears burden of establishing a colorable claim of ineffective assistance of appellate counsel.Per CuriamBelmont 3/21/2023 3/22/2023 2023-Ohio-914
State v. Rydarowicz 21 MA 0087testimony of surgeon who operated on defendant on the day he stabbed his wife and corresponding medical records did not violate physician-patient privilege; surgeon and nurse testified as fact witnesses when stating wrist wounds appeared self-inflicted and expert report was not required; self-defense claim is not reviewed on appeal for sufficiency of the evidence as statutory change deals only with state’s burden of persuasive; jury’s rejection of self-defense claim was not contrary to the manifest weight of the evidence.RobbMahoning 3/16/2023 3/22/2023 2023-Ohio-916
Hammond v. Sait 22 MA 0032CIVIL – The issuance of a domestic violence civil protection order is a miscarriage of justice where the petitioner fails to establish: (1) she suffered “mental distress,” as that term is defined by Ohio law; (2) Appellant’s behavior significantly impacted her daily life; and/or (3) she changed her routine due to the respondent’s behaviorD'ApolitoMahoning 3/15/2023 3/21/2023 2023-Ohio-893