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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Harsha v. Harsha 23 CO 0047application for reconsideration; App.R. 26; no obvious error; no issue not fully consideredPer CuriamColumbiana 7/19/2024 7/19/2024 2024-Ohio-2758
State ex rel. Dodson v. Gray 23 BE 0054complaint for a writ of habeas corpus; Civ.R. 12(B)(6) motion to dismiss; R.C. 2969.25(C); prepayment of filing fees; ambiguous sentencing entries; amended verdict forms; claims not cognizable in habeas corpusPer CuriamBelmont 7/19/2024 7/22/2024 2024-Ohio-2766
Harsha v. Harsha 23 CO 0047motion to certify a conflict; App.R. 25; no conflict on same questions of lawPer CuriamColumbiana 7/19/2024 7/19/2024 2024-Ohio-2757
State v. Gutierres 23 MA 0118Abuse of discretion; state motion to rescind sentencing recommendation; criminal charges on bail; plea agreement; Crim.R. 32.1; motion to withdraw plea agreement; manifest injustice.RobbMahoning 7/18/2024 7/22/2024 2024-Ohio-2767
State v. Bigsby 23 MA 0127consecutive sentence, R.C. 2929.11(C)(4); protect the public; punish offender; disproportionate sentence; recidivism; criminal historyHanniMahoning 7/17/2024 7/19/2024 2024-Ohio-2761
State v. Anderson 24 MO 0001POST CONVICTION RELIEF – second pro se petition for postconviction relief; dismissed without a hearing; abuse of discretion standard of review; R.C. 2953.21(A)(2)(a); untimely filed; R.C. 2953.23(A)(1)(a)-(b); no exception for the delay demonstrated. RES JUDICATA.DickeyMonroe 7/17/2024 7/17/2024 2024-Ohio-2704
State v. Bigsby 23 MA 0127consecutive sentence, R.C. 2929.11(C)(4); protect the public; punish offender; disproportionate sentence; recidivism; criminal historyHanniMahoning 7/17/2024 7/18/2024 2024-Ohio-2706
State v. Richardson 23 MA 0121Findings of fact and conclusions of law; R.C. 2953.21(H); post-conviction relief; remand.HanniMahoning 7/11/2024 7/17/2024 2024-Ohio-2702
State v. Alexander 23 MA 0090, 23 MA 0091Failure to preserve evidence; materially exculpatory; potentially useful; bad faith; Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988), State v. Geeslin, 116 Ohio St.3d 252, 2007-Ohio-5239, 878 N.E.2d 1; limiting cross-examination; full benefits of plea agreement; proportionality of sentence when defendant receives longer sentence than co-defendant; sentencing laws; statutory rangeHanniMahoning 7/3/2024 7/3/2024 2024-Ohio-2565
State v. McManus 23 BE 0055question of law; de novo review; sentencing cap; R.C. 2929.15(B)(1)(c)(i); technical violation of community control sanctions;RobbBelmont 7/3/2024 7/5/2024 2024-Ohio-2588
In re D.W. 23 JE 0023delinquency determination; sufficient evidence; R.C. 2917.31; inducing panic;RobbJefferson 7/2/2024 7/3/2024 2024-Ohio-2564
Cardinal Minerals, L.L.C. v. Miller 23 MO 0018RECONSIDERATION – App.R. 26(A); the record establishes this court did not make any obvious errors or render a decision that is not supported by the law; the trial court committed no error in finding that Appellant lacks standing in this oil and gas case; this court properly addressed the merits of Appellees’ champerty and maintenance defenses and affirmed the trial court’s judgment; 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 CuriamMonroe 7/2/2024 7/3/2024 2024-Ohio-2560
State v. Givens 23 CO 0039, 23 CO 0040after a guilty plea, court did not improperly hold his silence at sentencing against defendant while opining he lacked remorse; merger; plea was not involuntary by court’s use of “punished separately” instead of “consecutively” when telling a pleading defendant about potential sentence if a new felony is committed while he is on post-release control (if he is placed on it in the future)RobbColumbiana 7/2/2024 7/3/2024 2024-Ohio-2563
State v. St. Thomas 23 MA 0103Knowing, voluntary, and intelligent waiver of counsel; sovereign citizen defense; Crim.R. 44(B); petty offense; sentence vacatedRobbMahoning 7/2/2024 7/3/2024 2024-Ohio-2568
State v. Rossi 23 MA 0097sufficient evidence of domestic violence family or household member element as to cohabitation.RobbMahoning 7/2/2024 7/3/2024 2024-Ohio-2566
State v. Javornicky 23 MA 0102affirming denial of motion to withdraw misdemeanor guilty plea entered 19 years earlier; no manifest injustice or indication of involuntary plea.RobbMahoning 7/1/2024 7/3/2024 2024-Ohio-2567
State v. Woodley 2023-CO-48sufficiency; manifest weightKingColumbiana 7/1/2024 7/1/2024 2024-Ohio-2538
State v. Jones 23 CO 0031where child-victim testified at trial, rape offender erroneously contends Child Advocacy Center’s interview video violated his confrontation rights; counsel did not render ineffective assistance of counsel when cross-examining child on inconsistencies; no cumulative error.RobbColumbiana 7/1/2024 7/3/2024 2024-Ohio-2562
State v, Ryan 23 BE 0041affirming denial of motion to vacate filed more than two years after sentencing on guilty plea; no double jeopardy violation or ineffective assistance of counsel based on claim defendant was already punished for same type of conduct occurring in another county.RobbBelmont 6/28/2024 7/3/2024 2024-Ohio-2557
Falcon Drilling Co., L.L.C. v. Omni Energy Group, L.L.C. 23 BE 0046default judgment; Civ.R. 6(B); otherwise defend; Civ.R. 55(A); hearing on damages; liquid damages; unchallenged; contractual damages award; ambiguity; reading the contract as a whole; waiver of issues on appeal.RobbBelmont 6/28/2024 7/3/2024 2024-Ohio-2558
Roth v. Fitch, Kendall, Cecil, Robinson & Barry Co., LPA 23 CO 0035Summary judgment; burden-shifting; legal malpractice; breach; Civ. R. 56(B)(7); expert affidavits; Civ. R. 56(E)HanniColumbiana 6/28/2024 7/3/2024 2024-Ohio-2559
State v. Adams 23 MA 0086remedy for juror partiality; actual bias; Remmer hearing; Remmer v. United States, 347 U.S. 227, 74 S.Ct. 450 (1954); judge’s credibility determinations by are entitled to deference; trial courts have broad discretion in admitting or excluding expert testimony.RobbMahoning 6/27/2024 6/28/2024 2024-Ohio-2487
Wolfe v. Bounty Minerals, L.L.C. 23 HA 0005MTA, R.C. 5301.48, R.C. 5301.49; root of title; incorporation by reference; Blackstone test; general reference; specific referenceHanniHarrison 6/27/2024 6/27/2024 2024-Ohio-2460
State v. Wise 23 BE 0028advised of a sentencing range, not a specific term faced for a community control violation; State v. Brooks, 103 Ohio St.3d 134; reverse and remand; prison term is not an option on remand.RobbBelmont 6/26/2024 6/27/2024 2024-Ohio-2465
State v. Herbert 23 JE 0001CRIMINAL – Appellate Rule 26(B) application overruled where Appellant relies on evidence outside the record and insufficient evidence in the record to demonstrate the alleged deficient performance of appellate counsel. Further, Appellant’s failure to include a transcript of the hearing on his request for new trial counsel is fatal to his constitutional challenge as we must presume the regularity of the proceedings in the absence of a transcript.Per CuriamJefferson 6/26/2024 6/27/2024 2024-Ohio-2459
State v. Lopez 23 MA 0123CRIMINAL - Reasonable suspicion to conduct field sobriety test and probable cause to arrest underage driver for operating a vehicle after underage alcohol consumption established based on arresting officer’s reliance on more subtle evidence of drinking and evidence of only slight impairment of performance when the driver is under the age of twenty-one.DickeyMahoning 6/21/2024 6/24/2024 2024-Ohio-2394
State v. Reese 23 MA 0130POST CONVICTION RELIEF – pro se petition; timely filed; dismissed without a hearing; the trial court failed to make findings of fact and conclusions of law as required by R.C. 2953.21; the State confesses judgment in favor of Appellant with respect to this issue; the trial court shall address Appellant’s appointed counsel issue; remaining assignments are moot; App.R. 12(A)(1)(c); judgment reversed and remanded.DickeyMahoning 6/17/2024 6/18/2024 2024-Ohio-2331
J.S. v. Conkle 23 MA 0108CIVIL – the trial court overruled Appellant’s objections and adopted a magistrate’s decision granting Appellee’s Petition for a Civil Stalking Protection Order (“CSPO”); abuse of discretion; manifest weight of the evidence; the CSPO was filed in accordance with R.C. 2903.214; R.C. 2903.211(A)(1) and (2)(a)(b); “knowingly”; R.C. 2901.22(B); “pattern of conduct”; R.C. 2903.211(D)(1); “physical harm”; R.C. 2901.01(A)(3); “mental distress”; R.C. 2903.211(D)(2); given the deference we must afford the trial court’s judgment, as well as its credibility determinations when presented with any conflicting testimony, the trial court committed no error, based on the evidence presented, including Appellee’s exhibits, in granting Appellee’s Petition for a CSPO against Appellant; judgment affirmed.DickeyMahoning 6/17/2024 6/18/2024 2024-Ohio-2330
Fox v. Fergus Capital, L.L.C. 23 MA 0083application of contract is a matter of law; de novo review; deposition testimony used at trial; Civ.R.32(A); impeachment; evidentiary objection not raised at trail; waived; condition precedent; burden; good faith efforts to satisfy contractual conditions excusing performance.RobbMahoning 6/12/2024 6/13/2024 2024-Ohio-2255
State v. Knight 22 MA 0102Jury misconduct; Remmer hearing; Crim. R. 33; abuse of discretion; Brady violations; Crim. R. 16; discovery sanctions; cumulative error; expert testimony; Evid. R. 702; ineffective assistance of counsel; Crim. R. 22, failure to record sidebars; manifest weight of the evidenceHanniMahoning 6/6/2024 6/6/2024 2024-Ohio-2176
Harsha v. Harsha 23 CO 0047motion to terminate the shared parenting plan overruled; modification of child support order; R.C. 3109.04(F)(1) best interest factors; Civ.R. 53(D)(4)(d) independent review; court may consider matters of record; R.C. 3109.04(B); no access to in-camera interview transcript; child can testify as witness; Evid.R. 601(A); Mother child support oblige; R.C. 3119.22; child support deviation for extended parenting time; tax returns and business receipts evidence of incomeHanniColumbiana 6/6/2024 6/6/2024 2024-Ohio-2177
State v. Tinsley 23 CO 0050CRIMINAL LAW – felonious assault; failure to comply with an order or signal of a police officer; aggravated possession of drugs; possession of cocaine; OVI; guilty plea; indefinite prison term; R.C. 2953.08(G); no sentencing error; pursuant to R.C. 2929.14(A)(1)(a) and (2)(a), the trial court imposed a stated minimum term and a maximum term for each qualifying felony offense under R.C. 2929.144 and complied with the statutory requirements in imposing indefinite sentences on the concurrent counts; Appellant’s sentence is not contrary to law; judgment affirmed.DickeyColumbiana 6/4/2024 6/5/2024 2024-Ohio-2157
State v. Bishop 23 JE 0015, 23 JE 0016CRIMINAL LAW – 2018 burglary conviction; multiple filings and appeals; at issue are 18 pro se motions/requests. RES JUDICATA - all of Appellant’s current arguments have either been resolved, are moot, are untimely, or are matters that should have been (or were) raised on direct appeal or in prior post-judgment motions; there is nothing that warrants additional review by this court; judgment affirmed.DickeyJefferson 6/4/2024 6/5/2024 2024-Ohio-2158
Cardinal Minerals, L.L.C. v. Miller 23 MO 0018CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas case; Dormant Mineral Act; Marketable Title Act; Appellant had full knowledge that the Pfalzgraf Interest was abandoned; Appellant sought out the Pfalzgraf Heirs for the sole purpose of pursuing litigation against Appellees; standing; quitclaim deeds; R.C. 5301.56(H)(2)(c); Doctrines of Champerty and Maintenance; assignment of rights to a lawsuit are void; the record supports the trial court’s finding that only the Pfalzgraf Heirs had standing and thus, Appellant lacks standing to pursue its claims; judgment affirmed.DickeyMonroe 6/4/2024 6/4/2024 2024-Ohio-2133
Pelletier v. Mercy Health Youngstown, L.L.C. 21 MA 0110wrongful death claim; survivorship claim; statute of repose; R.C. 2305.113(C); Everhart v. Coshocton Cty. Mem. Hosp., 2023-Ohio-4670; Wilson v. Durrani, 164 Ohio St.3d 419, 2020-Ohio-6827, 173 N.E.3d 448; R.C. 2305.15(A) tolling provisionHanniMahoning 6/4/2024 6/4/2024 2024-Ohio-2131
State v. Gaito 23 BE 0039Civ. R. 29; sufficiency of the evidence; R.C. 2917.13 misconduct at an emergency; “hamper;” “emergency;” more than just wordsHanniBelmont 6/4/2024 6/4/2024 2024-Ohio-2132
State v. Dumas 12 MA 0031Delayed application for reopening; App.R. 26(B); second application for reopening; no right to file successive applications for reopening; res judicata; application overruled.Per CuriamMahoning 6/3/2024 7/19/2024 2024-Ohio-2738
State v. Hill 23 JE 0014Manifest weight of the evidence; improper handling of a firearm in a motor vehicle; having weapons while under disability; constructive possession; identity is an element that must be proven by the state beyond a reasonable doubt but the credibility of witnesses and their degree of certainty in identification are matters affecting the weight of the evidence.WaiteJefferson 6/3/2024 7/19/2024 2024-Ohio-2744
Williams v. Edgell 23 CO 0013CIVIL – No abuse of discretion occurs in a breach of contract case, based on failure to construct pole barn in a workmanlike manner, where there exist compelling evidence, if believed, that construction project contained many structural defects. Unjust enrichment claim cannot survive when predicated upon the same damages as breach of contract claim, where parties entered into an express agreement.DickeyColumbiana 6/3/2024 6/4/2024 2024-Ohio-2129
Gutierrez v. Gray 23 BE 0037habeas corpus; res judicata; maximum penalty not yet served; R.C. 2925.50; double jeopardyPer CuriamBelmont 5/31/2024 6/4/2024 2024-Ohio-2128
State v. Carter 23 MA 0092CRIMINAL LAW - assault; jury trial; sufficiency; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight of the evidence; the jury did not clearly lose its way in finding Appellant guilty. INEFFECTIVE ASSISTANCE OF COUNSEL – the record reveals no error amounting to ineffective assistance in trial counsel’s selection with respect to any of the jurors, particularly Juror 39; the playing of a video was part of trial strategy; Appellant fails to show his trial counsel’s performance was deficient and that the deficient performance prejudiced the defense; judgment affirmed.DickeyMahoning 5/31/2024 6/4/2024 2024-Ohio-2130
State v. Byrd 23 MA 0029CRIMINAL – Evidence of prior calculation and design survives sufficiency and manifest weight challenges where Appellant employs getaway car parked out of range of surveillance cameras at the scene of the crime and has clear opportunity to deliberate before shooting the victim. Claims of ineffective assistance of counsel predicated upon evidence outside the record will not be considered on direct appeal. Failure to request instruction of lesser-included offense may constitute trial strategy. Flight instruction vests sole discretion in jury to consider the alleged evidence in determining guilt.DickeyMahoning 5/30/2024 6/4/2024 2024-Ohio-2134
State v. Bellum 23 JE 0004Manifest weight of the evidence, sufficiency of the evidence, concealed carry; having weapons while under a disability; circumstantial evidence.WaiteJefferson 5/28/2024 7/19/2024 2024-Ohio-2742
Templeton v. Winner Ents., Ltd. 23 MA 0067Civ.R. 12(B)(B); Olympic Holding Co. v. ACE Ltd., 122 Ohio St.3d 89, 2009-Ohio-2057, 909 N.E.2d 93; claims within the statute of frauds that seek specific performance are properly dismissed; claims that would ordinarily be within the statute of frauds but seek remedies other than specific enforcement are not properly dismissed; claims seeking equitable remedies based on a theory of promissory not barred by statute of frauds; although statute of frauds does not bar equitable estoppel argument this claim is a defense and does not create an independent claim thus is properly dismissed by grounds other than the statute of frauds; unjust enrichment claim seeking equitable remedies is not within the statute of frauds; fraud based claims seeking equitable remedies not within the statute of frauds; tort of civil liability for criminal acts seeking equitable remedies not within the statute of frauds; intentional interference with business relationships and contractual relationships that seek equitable remedies are not within the statute of frauds; conversion claim that seeks specific performance is within the statute of frauds; noting within the complaint to show contract could be completed within one year; leading object rule does not apply to purchase of real property; Civ.R. 8.WaiteMahoning 5/28/2024 7/19/2024 2024-Ohio-2745
State v. Shaw 23 CO 0045CRIMINAL – Reasonable suspicion for traffic stop is established where officer, acting on anonymous tip that a truck driver is asleep behind the wheel at a traffic signal, observes truck driver at the designated intersection with a woman standing at the driver’s side window of the truck. Rules of evidence do not apply at a suppression hearing.DickeyColumbiana 5/24/2024 5/28/2024 2024-Ohio-2022
State v. Alvendia 23 BE 0044possession of a fentanyl-related compound; possession of drugs; guilty plea; intervention in lieu of conviction; counts committed three months apart did not merge; counsel was not ineffective; Crim.R. 11(C)(2); R.C. 2951.04(F)HanniBelmont 5/24/2024 5/24/2024 2024-Ohio-2012
State v. Tataseo 23 CO 0030CRIMINAL – Evidence of alleged previous criminal activity involving the victim constitute other acts evidence, but was offered to establish Appellant’s motive to murder the victim. Compelling evidence in addition to the other acts evidence contravened Appellant’s argument that the outcome of the trial would have been different but for the admission of other acts evidence and the trial court’s failure to provide a limiting instruction. Manifest weight of the evidence, which included falsehoods told to investigators by Appellant, supported Appellant’s convictions for murder.DickeyColumbiana 5/24/2024 5/28/2024 2024-Ohio-2021
State v. Herns 23 MA 0055CRIMINAL – Application for reconsideration fails where it is untimely filed, and in the alternative, where Appellant fails to demonstrate an obvious error in the Court’s decision or raise an issue that was either not at all or not fully considered.Per CuriamMahoning 5/24/2024 5/28/2024 2024-Ohio-2023
State v. Reese 14 MA 0116motion or leave to file untimely application for reconsideration; App.R. 14(B); no extraordinary circumstancesPer CuriamMahoning 5/24/2024 5/24/2024 2024-Ohio-2013
Lysogorski v. Minerva Motors, L.L.C. 23 CA 0964small claims complaint; sale of vehicle “as is”; plaintiff aware there was no warranty; judgment not against manifest weight of the evidenceHanniCarroll 5/20/2024 5/20/2024 2024-Ohio-1943
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