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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Franks v. Reynolds
| 21 BE 0004 | motion to vacate six-year-old default judgment on grounds it was void for lack of personal jurisdiction; landowner served complaint by publication; failure to rebut presumption of diligence by merely stating time lived at an address; proof of reasonable diligence in attempting to locate addresses for four of the many defendants in suit seeking title to the oil and gas underlying property; prove of search efforts; waiver of various arguments, including staleness of search. | Robb | Belmont |
9/17/2021
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9/17/2021
| 2021-Ohio-3247 |
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Mammone v. Reynolds
| 21 BE 0005 | motion to vacate seven-year-old default judgment on grounds it was void for lack of personal jurisdiction; landowner served complaint by publication; failure to rebut presumption of diligence by merely stating time lived at an address; alternatively, plaintiff proved reasonable diligence in attempting to locate addresses for four of the many defendants in suit seeking title to the oil and gas underlying property. | Robb | Belmont |
9/17/2021
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9/17/2021
| 2021-Ohio-3248 |
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Irwin v. Island Creek Twp.
| 20 JE 0019 | political subdivision immunity; summary judgment improperly granted in favor of motorist; washed-out road was “obstruction” under R.C. 2744.02(B)(3); township erected signs, barrels, and dirt blockade to protect motorists; signs stolen | Donofrio | Jefferson |
9/17/2021
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9/21/2021
| 2021-Ohio-3306 |
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State ex rel. Crilley v. Lowellville Bd. of Edn.
| 20 MA 0128 | CIVIL – Open Meeting Act; 2020-2021 school year; mootness; attorney’s fees; R.C. 121.22(I)(2)(a); abuse of discretion | D'Apolito | Mahoning |
9/17/2021
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9/22/2021
| 2021-Ohio-3333 |
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State v. Bazar
| 20 BE 0019 | R.C. 2929.11; R.C. 2929.12; R.C. 2929.13; maximum sentence; sentencing factors; harsh sentence; sentence upheld. | Donofrio | Belmont |
9/16/2021
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9/21/2021
| 2021-Ohio-3305 |
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Brown v. State
| 21 CO 0005 | mandamus; R.C. 2969.25; filing requirements; inmates; dismissal | Per Curiam | Columbiana |
9/16/2021
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9/22/2021
| 2021-Ohio-3335 |
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State v. Peyatt
| 21MO0001 | R.C. 2953.21; post conviction relief petition; timeless; jurisdiction; res judicata; law of the case doctrine | Donofrio | Monroe |
9/16/2021
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9/21/2021
| 2021-Ohio-3310 |
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State v. Smith
| 20 CO 0022 | CRIMINAL – motion to suppress; standing; hotel room; occupant; overnight guest; ruse; warrantless entry; plain smell exception; raw marijuana; exigent circumstances; search incident to arrest. | D'Apolito | Columbiana |
9/15/2021
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9/22/2021
| 2021-Ohio-3330 |
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State v. Bourne
| 20 CA 0947 | CRIMINAL – R.C. 2929.15(B)(1)(c)(ii); State v. Nelson, 162 Ohio St.3d 338, 2020-Ohio-3690, 165 N.E.3d 1110; community control violation; non-technical; warrant; failure to report | D'Apolito | Carroll |
9/15/2021
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9/22/2021
| 2021-Ohio-3329 |
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State v. Hill
| 19 BE 0050 | CRIMINAL LAW – rape; 12-year-old stepdaughter; jury trial; sentenced to an indefinite term of 25 years to life in prison; five years mandatory post-release control; Tier III sex offender designation; no error in refusing to strike a juror for cause; Crim.R. 24(C)(10); R.C. 2313.17(A) and (B)(7); other acts evidence; no plain error; Evid.R. 403(A) and (B); Evid.R. 404(B); no error in determining that further testimony regarding sperm became irrelevant; Evid.R. 611(A) and (B); trial court’s jury instruction regarding “force” was complete; no requirement for trial court to give any further instructions; R.C. 2941.1419; R.C. 2907.02(A)(1)(b); no error in prosecutor’s closing argument; Appellant’s sentence is not contrary to law; R.C. 2953.08(G)(2)(a)-(b); mandated by R.C. 2971.03(B)(1)(c); no cumulative error; no “potential” ineffective assistance of counsel; judgment affirmed. | D'Apolito | Belmont |
9/15/2021
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9/22/2021
| 2021-Ohio-3327 |
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