| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
Liles v. Liles
| 22 MA 0065 | residential 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). | Robb | Mahoning |
3/29/2023
|
3/30/2023
| 2023-Ohio-1030 |
|
State v. Whitacre
| 21 MO 0008 & 21 MO 0009 | motion 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. | Robb | Monroe |
3/29/2023
|
3/30/2023
| 2023-Ohio-1029 |
|
State v. Moore
| 22 MA 0013 | murder; 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 conviction | Hanni | Mahoning |
3/28/2023
|
3/28/2023
| 2023-Ohio-1000 |
|
Martin v. Taylor
| 22 NO 0494 | American 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. | Waite | Noble |
3/24/2023
|
3/29/2023
| 2023-Ohio-1021 |
|
State v. Kellie
| 21 MA 0048 | Postrelease control cannot be imposed where trial court lacks jurisdiction; res judicata bars argument that consecutive sentences improper where issue not raised on direct appeal. | Waite | Mahoning |
3/24/2023
|
3/29/2023
| 2023-Ohio-1015 |
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State v. Strojny
| 21 MA 0099 | Child 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to irregularities at sentencing, including the fact that counsel was not present, sentence is reversed and the plea is withdrawn; upon remand, Appellant may file an affidavit of bias under R.C. 2701.031. | Waite | Mahoning |
3/24/2023
|
3/29/2023
| 2023-Ohio-1016 |
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State v. Barr
| 22 BE 0022 | School 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. | Waite | Belmont |
3/24/2023
|
3/29/2023
| 2023-Ohio-1017 |
|
State v. Yates
| 22 CO 0006 | Felony sentencing; sentence recommendation; misstatement of recommendation corrected. | Waite | Columbiana |
3/24/2023
|
3/29/2023
| 2023-Ohio-1019 |
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State v. Sommers
| 22 CO 0010 | Child 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. | Waite | Columbiana |
3/24/2023
|
3/29/2023
| 2023-Ohio-1020 |
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State v. Walker
| 21 JE 0017 | CRIMINAL 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'Apolito | Jefferson |
3/24/2023
|
3/28/2023
| 2023-Ohio-998 |
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Smith v. Lucas
| 22 BE 0060 | habeas corpus; filing requirements not satisfied; commitment papers; bail | Per Curiam | Belmont |
3/23/2023
|
3/29/2023
| 2023-Ohio-1018 |
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State v. Anderson
| 22 MO 0001 | rejecting 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. | Robb | Monroe |
3/23/2023
|
3/23/2023
| 2023-Ohio-945 |
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State v. Carter
| 21 BE 0038 | rape; application to reopen; App.R. 26(B); appellate counsel not ineffective | Per Curiam | Belmont |
3/22/2023
|
3/22/2023
| 2023-Ohio-915 |
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Allen v. Milligan
| 22 BE 0017 | R.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. 2123.01 | Hanni | Belmont |
3/22/2023
|
3/22/2023
| 2023-Ohio-917 |
|
State v. Cutlip
| 21 BE 0032 | App.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 Curiam | Belmont |
3/21/2023
|
3/22/2023
| 2023-Ohio-914 |
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State v. Johnson
| 22 MA 0096 | affirming denial of motion for leave to file new trial motion without hearing; findings of fact and conclusions of law not required. | Robb | Mahoning |
3/21/2023
|
3/22/2023
| 2023-Ohio-918 |
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State v. Rydarowicz
| 21 MA 0087 | testimony 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. | Robb | Mahoning |
3/16/2023
|
3/22/2023
| 2023-Ohio-916 |
|
Hammond v. Sait
| 22 MA 0032 | CIVIL – 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 behavior | D'Apolito | Mahoning |
3/15/2023
|
3/21/2023
| 2023-Ohio-893 |
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State v. Browning
| 21 CO 0026 | CRIMINAL LAW - felonious assault; endangering children; trial by jury; manifest weight of the evidence; the jury did not clearly lose its way in finding Appellant guilty. INEFFECTIVE ASSISTANCE OF COUNSEL – failure to object to the admission of exhibits; failure to object to hearsay testimony; Evid.R. 801(C), 802, and 803(4); no plain error; failure to request accomplice testimony instruction; R.C. 2923.03(D); failure to object to prosecutorial misconduct in the State’s closing argument; because there is no error in any of Appellant’s arguments, the cumulative error doctrine is inapplicable; Appellant fails to show his retained trial counsel’s performance was deficient and that the deficient performance prejudiced the defense; judgment affirmed | D'Apolito | Columbiana |
3/14/2023
|
3/21/2023
| 2023-Ohio-890 |
|
Kulpa v. Kulpa
| 22 BE 0010 | CONTEMPT – motions for contempt; denied; hearing; abuse of discretion standard; shared parenting plan; agreed judgment entry; manifest weight of the evidence; missed parenting time; Appellee relied upon CDC COVID guidelines; trial court did not abuse its discretion in accepting Appellee’s explanation, noting the best interest standard and the primary concern for the minor child’s health; in an apparent attempt to make up for the three missed days, the court awarded Appellant an additional week of compensatory parenting time with the minor child; with respect to the phone calls, the record reveals the court did not abuse its discretion in finding Appellee’s actions to be at most, inadvertent, due to the extraordinary circumstances at issue; judgment affirmed. | D'Apolito | Belmont |
3/14/2023
|
3/21/2023
| 2023-Ohio-891 |
|
State v. Dalton
| 22 BE 0028 | CRIMINAL – The state did not err in advising defendant in plea negotiations that the trial court must impose a mandatory maximum sentence for a violation of R.C. 2925.03(A)(2), (C)(9)(g). The defendant does not suffer prejudice, despite the state’s erroneous argument at sentencing that the defendant could be classified as a major drug offender but for the dismissal of other charges, where the trial court clearly predicates the maximum sentence on other factors. | D'Apolito | Belmont |
3/13/2023
|
3/21/2023
| 2023-Ohio-892 |
|
State v. Ruthers
| 22 BE 0023 | CRIMINAL LAW – illegal conveyance of drugs of abuse onto grounds of specified governmental facility; guilty plea; 30-month prison sentence; R.C. 2953.08(G); the record reflects no sentencing error; the trial court considered the R.C. 2929.11, 2929.12, and 2929.13 factors; further, the record indicates the trial court complied with R.C. 2929.14(C)(4) regarding Appellant’s consecutive sentence; judgment affirmed. | D'Apolito | Belmont |
3/10/2023
|
3/14/2023
| 2023-Ohio-774 |
|
Baronzzi v. Gamble
| 2021 CO 32 | Domestic Relations; modification of spousal support; motion to vacate Civ.R. 60(B); accrual and value of sick and vacation benefits; payment of vacation and sick benefits upon retirement; marital assets; divorce decree; disparity in income; post-decree; concealment. | Byrne | Columbiana |
3/10/2023
|
3/21/2023
| 2023-Ohio-894 |
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Dintino v. Hanger Prosthetics & Orthotics E., Inc.
| 22 MA 0079 | Civ.R. 56(C); reasonable minds can come to but one conclusion; open and obvious condition; matter of law when only one conclusion can be drawn from the established facts; alleged violation of the Ohio Building Code does not constitute negligence per se. | Robb | Mahoning |
3/10/2023
|
3/16/2023
| 2023-Ohio-797 |
|
State ex rel. Spencer v. Forshey
| 22 NO 0500 | habeas corpus; Civ.R. 12(B)(6) motion to dismiss; invalid-waiver-of-counsel claim; adequate remedy at law by way of direct appeal | Per Curiam | Noble |
3/9/2023
|
3/14/2023
| 2023-Ohio-776 |
|
State ex rel. Crilley v. Lowellville Bd. of Edn.
| 22 MA 0029 | CIVIL – The trial court did not abuse its discretion when it declined to award attorney’s fees pursuant to R.C. 121.22(I)(2), where the school board established that it adopted verbatim a model notice rule formulated by the Ohio School Board Association, and used various notification methods, including internet, newspaper, and robocalls in order to notify members of the school district of special meetings. | D'Apolito | Mahoning |
3/8/2023
|
3/14/2023
| 2023-Ohio-775 |
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Cook v. Richard T. Kiko Agency, Inc.
| 22 MA 0024 | affirming grant of stay pending arbitration requested by defendants; plaintiff’s claims requesting return of the down payment, damages, and rescission of a purchase agreement due to allegations of fraud in the inducement of the agreement are not exempt from arbitration under R.C. 2711.01(B)(1), as they do not set forth a controversy “involving title to or possession of real estate”; arbitration clause was not unconscionable. | Robb | Mahoning |
2/21/2023
|
2/24/2023
| 2023-Ohio-552 |
|
Brown v. JC Austintown, Inc.
| 22 MA 0064 | affirming grant of motion to compel arbitration; defendant did not waive right to demand arbitration by failing to mention arbitration agreement in a response letter which was limited to telling a different version of the facts of the employment situation. | Robb | Mahoning |
2/21/2023
|
2/24/2023
| 2023-Ohio-553 |
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In re E.T.
| 22 MA 0116 & 22 MA 0133 | Motion for permanent custody; R.C. 2151.414(D); best interest of the child; App.R. 16(A)(7); continuance; “Unger facts”; Unger v. Sarafite, 376 U.S. 575, 589, 84 S.Ct. 841; R.C. 2151.414(D) requires consideration of the best interest factors, not detailed | Robb | Mahoning |
2/15/2023
|
2/16/2023
| 2023-Ohio-444 |
|
DeSantis v. Estate of DeSantis
| 21 MA 0103 | PROBATE – Civ.R. 12(H)(3); de novo review; transfer versus dismissal; venue versus jurisdiction; at issue is subject-matter jurisdiction; the probate division has no jurisdiction over claims for money damages arising from allegations of fraud; the probate court did not err in sua sponte dismissing the action for lack of subject-matter jurisdiction; judgment affirmed. | D'Apolito | Mahoning |
2/15/2023
|
2/22/2023
| 2023-Ohio-518 |
|
DeSantis v. Estate of DeSantis
| 21 MA 0104 | PROBATE – Civ.R. 12(H)(3); de novo review; transfer versus dismissal; venue versus jurisdiction; at issue is subject-matter jurisdiction; the probate division has no jurisdiction over claims for money damages arising from allegations of fraud; the probate court did not err in sua sponte dismissing the action for lack of subject-matter jurisdiction; judgment affirmed | D'Apolito | Mahoning |
2/15/2023
|
2/22/2023
| 2023-Ohio-519 |
|
State v. Kerns
| 20 JE 0016 | CRIMINAL – Appellant’s competency determination is affirmed despite some difficulties understanding her plea colloquy. The trial court complied with the recommendation of the examining physician, who opined that Appellant was capable of understanding the charges against her and the legal process if it was adequately explained. The trial court fulfilled its obligations under the heightened Alford standard, when defense counsel conceded that Appellant has signed a written confession to the charges, and the trial court acknowledged the content of the victims’ witness statements. The record did not demonstrate any manifest injustice, insofar as there was no evidence that Appellant had been misinformed or coerced when entering her plea. | D'Apolito | Jefferson |
2/15/2023
|
2/22/2023
| 2023-Ohio-517 |
|
Tera, L.L.C. v. Rice Drilling D, L.L.C.
| 21 BE 0047 | CIVIL-Appellate Rule 26(B) Application denied where parties’ argument constitutes mere disagreement with logic and conclusions in original opinion and judgment entry. | Per Curiam | Belmont |
2/7/2023
|
2/14/2023
| 2023-Ohio-427 |
|
Hover v. D'Apolito
| 22 MA 0108 | mandamus; Civ.R. 12(B)(6) motion to dismiss; jail-time credit motion; alleged errors regarding an award of jail-time credit are not cognizable in mandamus; adequate remedy at law in the ordinary course of the law by way of an appeal of that entry | Per Curiam | Mahoning |
1/31/2023
|
2/6/2023
| 2023-Ohio-333 |
|
State v. Dumas
| 12 MA 0031 | Delayed application for reopening; App.R. 26(B); second application for reopening; no right to file successive applications for reopening; res judicata; application overruled. | Per Curiam | Mahoning |
1/30/2023
|
1/31/2023
| 2023-Ohio-270 |
|
Carpenter v. Carpenter
| 21 BE 0049 | CIVIL - The trial court did not err in awarding summary judgment to clients of law firm and against law firm and its sole member for intentional interference with expectation of inheritance, undue influence and fraud, where attorney induced clients to transfer property based upon misstatements of Ohio law. The trial court did not err in awarding summary judgment to clients of law firm and against law firm and its sole member on claim for lack of capacity, where lawyer spent one hour with client, who suffered from dementia, and purported to completely explain then execute trust and other legal documents, while conceding that client did not read the trust in its entirety. | D'Apolito | Belmont |
1/27/2023
|
1/31/2023
| 2023-Ohio-274 |
|
In re A.D.
| 22 JE 0016 & 22 JE 0017 | Child custody; termination of parental rights; R.C. 2151.414; ineffective assistance of counsel; right to be present at hearing. | Waite | Jefferson |
1/27/2023
|
1/31/2023
| 2023-Ohio-276 |
|
State v. Boyd
| 20 MA 0131 | timely application to reopen is denied; appellant raises twelve additional arguments; valid strategy to winnow out appellate argument and focus on a few key issues. | Per Curiam | Mahoning |
1/26/2023
|
1/31/2023
| 2023-Ohio-271 |
|
Oliver v. Groedel
| 22 MA 0005 | Attorney fees; Quantum meruit; attorney contingency fee agreement; collateral estoppel; law of the case doctrine; abuse of discretion. | Donofrio | Mahoning |
1/26/2023
|
1/31/2023
| 2023-Ohio-275 |
|
Chartier v. Rice Drilling D., L.L.C.
| 21 BE 0046 | Dormant Mineral Act; R.C. 5301.56; Notice of Abandonment; Reasonable diligence; R.C. 5301.48; Marketable Title Act; Root of Title; Oil and Gas Exception and Reservation; Blackstone v. Moore, 155 Ohio St. 3d 448, 2018-Ohio-4959, 122 N.E.3d 132, ¶ 12; determining whether mineral interest was preserved.. | Donofrio | Belmont |
1/23/2023
|
1/31/2023
| 2023-Ohio-272 |
|
Driggins v. Bowen
| 22 MA 0039 | habeas corpus; Civ.R. 12(B)(6) motion to dismiss; subject-matter jurisdiction; jurisdiction over a case; sentencing court without jurisdiction to vacate plea on state’s motion; entitlement to immediate release | Per Curiam | Mahoning |
1/19/2023
|
1/25/2023
| 2023-Ohio-205 |
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Tera, L.L.C. v. Rice Drilling D., L.L.C.
| 21 BE 0047 | CIVIL – Summary judgment in favor of surface owner affirmed on bad faith trespass claim in the Point Pleasant interval where oil and gas lease reserved minerals in all formations below the base of the Utica Shale. Trial court did not abuse its discretion when it prohibited introduction of actual sales data at trial which had not been produced in discovery despite continuing discovery dispute. Evidence of present and future damages proven to a reasonable degree of scientific certainty based on testimony of chemical engineer. Jury did not usurp statutory authority of the trial court to award prejudgment interest in applying pv-10 multiplier to actual damages award. | D'Apolito | Belmont |
1/18/2023
|
1/31/2023
| 2023-Ohio-273 |
|
Lash v. Lash
| 21 CA 0954 | Civ.R. 5; filing and responding to multiple motions and entering an appearance at a hearing is sufficient to trigger the requirements of Civ.R. 55(A); damages. | Waite | Carroll |
1/6/2023
|
1/13/2023
| 2023-Ohio-100 |
|
State v. Owens
| 21 MA 0111 | sufficiency of the evidence, manifest weight of the evidence, bench trial, self-defense, felonious assault, prosecutorial misconduct, plain error, prosecution comments at closing argument, post-arrest silence, cross-examination, right to counsel. | Donofrio | Mahoning |
1/5/2023
|
1/17/2023
| 2023-Ohio-113 |
|
In re R.D.P.
| 22 NO 0498 & 22 NO 0499 | permanent custody to children’s services agency; reasonable efforts at reunification; R.C. 2151.414(B)(1); children in agency’s temporary custody for 12 months of 22-month period; clear and convincing evidence supported best interest finding; venue proper | Donofrio | Noble |
1/3/2023
|
1/17/2023
| 2023-Ohio-114 |