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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Rice 21 MA 0085CRIMINAL – Motion to certify conflict is overruled where the Court applied the same rule of law as the purported conflicting Districts and the decision to exclude evidence was based on the facts of the case.Per CuriamMahoning 11/9/2022 11/23/2022 2022-Ohio-4176
State v. Vanfossen 21 CA 0953gross sexual imposition; bench trial; written waiver of jury trial; no acknowledgement by defendant in open court of waiver of jury trial; strict compliance with R.C. 2945.05 required; State v. Lomax, 114 Ohio St.3d 350, 2007-Ohio-4277, 872 N.E.2d 279DonofrioCarroll 10/27/2022 11/10/2022 2022-Ohio-4022
State ex rel. Fowler v. Bowen 22 MA 0046habeas corpus; motion to dismiss; filing requirements not satisfied; R.C. 2725.04; verification; R.C. 2969.25(A); affidavit of civil actionsPer CuriamMahoning 10/21/2022 10/25/2022 2022-Ohio-3790
State v. Dumas 21 MA 0090R.C. 2953.21; R.C. 2953.23; untimely post-conviction relief petition; successive post-conviction relief petition; jurisdiction.DonofrioMahoning 10/20/2022 10/25/2022 2022-Ohio-3788
State v. Ross 21 MO 0003domestic violence; felony sentencing; R.C. 2929.11; R.C. 2929.12; sentence not contrary to law.DonofrioMonroe 10/20/2022 10/25/2022 2022-Ohio-3789
State v. Matland 20 MA 0108motion to terminate post-release control supervision overruled; State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.2d 248 applies retroactivity; failure to properly advise of post-release control in judgment entry renders judgment voidable, not void.DonofrioMahoning 10/20/2022 10/25/2022 2022-Ohio-3784
State v. Runnion 21 BE 0029rape of a child under ten years of age; gross sexual imposition; no Confrontation Clause violation; Evid.R. 803(4); statements not in violation of hearsay rule; convictions supported by sufficient evidence; no ineffective assistance of counselDonofrioBelmont 10/19/2022 10/25/2022 2022-Ohio-3785
Marquette Orri Holdings, L.L.C. v. Ascent Resources-Utica, L.L.C. 21 BE 0035summary judgment on claims for breach of contract, unjust enrichment, declaratory judgment, request for accounting, breach of fiduciary duty, and breach of the duty of good faith and fair dealing; overriding royalty interests in oil and gas leases; extension and renewal clauses; assignments sought to bind future assignees; no privity of contractDonofrioBelmont 10/19/2022 10/25/2022 2022-Ohio-3786
State v. Carter 21 BE 0038five counts of rape; convictions supported by sufficient evidence; convictions not against manifest weight of the evidence; Evid.R. 803(4); statements for medical diagnosis or treatment; R.C. 2907.02(D) (Ohio’s rape shield law); deputies at trial not inherently prejudicial; R.C. 2929.14(C)(4); proper findings to impose consecutive sentences; R.C. 2941.03; indictment sufficientDonofrioBelmont 10/19/2022 10/25/2022 2022-Ohio-3787
State v. Boyd 20 MA 0131suppression motion on affidavit for Instagram warrant and later residence warrant; sufficiency and weight of the evidence; force for rape does not require physical resistance; nudity definition properly limited to lewd exhibition or graphic focus on genitals; no ineffective assistance of counsel for refraining from cross-examination rape victim more on communicating with defendant in year after rape; and consecutive sentencing.RobbMahoning 9/30/2022 10/3/2022 2022-Ohio-3523
State v. Cutlip 21 BE 0032Probable cause for warrant; hearsay; four corners of the affidavit; juror’s detrimental statement; mistrial; abuse of discretion; judge answering jury question; construing testimony to conform to question; harmless error.RobbBelmont 9/30/2022 10/3/2022 2022-Ohio-3524
State v. Jendrusik 21 BE 0043suppression of field sobriety test warranted; state failed to present evidence establishing applicable field sobriety testing standards; probable cause to arrest for operating vehicle under the influence was still shown based on trooper’s testimony and observations; R.C. 2953.08(G)(2); sentence not contrary to law.RobbBelmont 9/30/2022 10/3/2022 2022-Ohio-3525
Keller v. Carroll Cty. Bd. of Commrs. 21 CA 0952Sovereign immunity; “in repair” exception; R.C. 2744.02(B)(3); unambiguous; Pelletier v. Campbell, 153 Ohio St.3d 611, 2018-Ohio-2121; evidence shows road was recently repaired; summary judgment.RobbCarroll 9/30/2022 10/3/2022 2022-Ohio-3526
Ransom v. Erie Ins. Co. 21 HA 0011Civ.R. 12(B)(6) motion to dismiss; de novo; Hounshell v. Am. States Ins. Co., 67 Ohio St.2d 427, 428, 424 N.E.2d 311 (1981); policy of insurance; one-year contractual limitation; waiver; ongoing negotiations; bad faith claim sounds in tort; contractual provision; statute of limitations.RobbHarrison 9/30/2022 10/3/2022 2022-Ohio-3528
Rainy Day Rentals, Inc. v. Next Gen. Properties, Inc. 21 MA 0096Illegal contract; void as a matter of law; declaratory judgment; de novo; violation of municipal ordinance; Malum in se; purpose of the legislature; criminal or administrative remedies; render contract void.RobbMahoning 9/30/2022 10/3/2022 2022-Ohio-3530
Hock v. Soles 21 MA 0108statutory 10% change test in R.C. 3119.79(A) sufficient for modification of child support even if prior order due to parties’ agreement to deviate from worksheet amount.RobbMahoning 9/30/2022 10/3/2022 2022-Ohio-3531
Hogue v. Whitacre 20 MO 0011Oil and gas lease; paying quantities analysis; Blausey v. Stein, 61 Ohio St.2d 264, 265-266, 400 N.E.2d 408 (1980); Hogue v. Whitacre, 2017-Ohio-9377, 103 N.E.3d 314 (7th Dist.), appeal not allowed by Houge v. Whitacre, 152 Ohio St.3d 1480, 2018-Ohio-1990, 98 N.E.3d 294); Kraynak v. Whitacre, 7th Dist. Monroe No. 17 MO 0014, 2018-Ohio-2784; Ullman v. Whitacre Enterprises, Inc., 7th Dist. Monroe No. 19 MO 0025, 2021-Ohio-4656, reconsideration denied, 7th Dist. Monroe No. 19 MO 00252022-Ohio-1447; Neuhart v TransAtlantic Energy Corp., 2018-Ohio-4099, 121 N.E.3d 802 (7th Dist.), appeal not allowed by Neuhart v TransAtlantic Energy Corp., 155 Ohio St.3d 1421, 2019-Ohio-1421, 120 N.E.3d 867; a monthly payment is excluded from paying quantities analysis if the uncontroverted evidence established that it does not contribute to the production of oil and gas.WaiteMonroe 9/30/2022 10/11/2022 2022-Ohio-3616
State v. Ursic 21 HA 0007Postconviction petition; R.C. 2953.21; untimely petition; res judicata.WaiteHarrison 9/29/2022 10/11/2022 2022-Ohio-3620
State v. Vaughn 20 MA 0106Having a weapon while under disability; R.C. 2923.13(B); constructive possession.WaiteMahoning 9/29/2022 10/11/2022 2022-Ohio-3615
State ex rel. Christy v. Forshey 22 NO 0493Habeas corpus; sentencing error not cognizable in habeas corpus proceedings; community-control sanctions imposed on one felony count cannot be ordered to be served consecutively to a prison term imposed on another felony count; sentencing error render sentence voidable, not void; defendant did not raise sentencing error in a direct appeal; petition dismissedPer CuriamNoble 9/29/2022 10/11/2022 2022-Ohio-3622
State v. Rose 21 JE 0014drug possession with a major drug offender specification; no ineffective assistance of trial counsel; sentencing statute known as the “Reagan Tokes Law” is not unconstitutional on grounds of due process, separation of powers, or jury right; constitutionality not raised and no plain error; order imposing costs without mentioning them at sentencing hearing is not reversible because post-judgment motion can be filed as to costs and additional costs; “court-appointed counsel costs” were improperly imposed in sentencing entry to the extent the court attempted to require reimbursement of counsel fees.RobbJefferson 9/29/2022 10/3/2022 2022-Ohio-3529
State v. Young 21 CO 0018 & 21 CO 0019Motion to withdraw guilty plea at sentencing hearing; full hearing; abuse of discretion; defendant violated terms of plea agreement; defendant breached plea agreement based on his subsequent criminal charges before sentencing; prejudice to the state: defendant was represented by counsel and had opportunity to be heard; timing of motion to withdraw was unreasonable; defendant did not present a "reasonable and legitimate basis" for withdrawing his plea.RobbColumbiana 9/29/2022 10/3/2022 2022-Ohio-3527
State v. Pugh 21 BE 0041guilty plea to felony possession of cocaine; sentence not contrary to law; guilty plea waived allegations of ineffective assistance of counsel and insufficient evidenceDonofrioBelmont 9/29/2022 9/29/2022 2022-Ohio-3437
State v. Crute 22 CO 0005Failure to report for presentence investigation interview; allocution; failure to attend scheduled court dates.WaiteColumbiana 9/28/2022 10/11/2022 2022-Ohio-3621
State v. Harmon 21 CO 0015Consecutive sentence involving unrelated case numbers; State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231; no jail-time credit arising from incarceration in a separate matter.WaiteColumbiana 9/28/2022 10/11/2022 2022-Ohio-3617
Witherow v. Witherow 21 CO 0029Motion to terminate shared parenting plan; Sup.R. 48.03; guardian ad litem misconduct and bias.WaiteColumbiana 9/28/2022 10/11/2022 2022-Ohio-3618
Eric Petroleum Corp. v. Ascent Resources-Utica, L.L.C. 21 CO 0036A preliminary injunction is not a final appealable order where a party has other legal remedies available; R.C. 2502.02(B)(4); irreparable harm; arbitration; R.C. 2711.03 motion to compel arbitration requires a hearing where a party properly made a request.WaiteColumbiana 9/28/2022 10/11/2022 2022-Ohio-3619
In re L.W. 22 JE 0010 & 22 JE 0011JUVENILE – termination of parental rights of Father; Mother is deceased; permanent custody of two minor children granted to Agency; neglect; dependency; deplorable housing conditions; drug usage in home; physical abuse; domestic violence; the minor children had various foster placements; Father convicted, inter alia, for child endangerment and domestic violence; incarcerations; mental health assessment and diagnosis; failure to comply with the case plan; the minor children have bonded with their foster parents who are willing to adopt them and are willing to maintain contact with Father; GAL recommended that permanent custody be granted to Agency; R.C. 2151.414(B)(1)(a)-(e), the first prong of the permanent custody to an agency test; there is no dispute that the minor children have been in the temporary custody of Agency for 12 months of a consecutive 22-month period; R.C. 2151.414(D)(1)(a)-(e), the second prong of the permanent custody to an agency test; the juvenile court considered and referenced numerous factors in its judgments in determining the best interest of the minor children being placed into the permanent custody of Agency; R.C. 2151.414(E)(1)-(16); the records reveal the juvenile court complied with the procedure prescribed by R.C. 2151.414; the court’s decisions do not go against the manifest weight of the evidence; the court did not err in finding that it was in the minor children’s best interest to terminate Father’s parental rights and grant permanent custody to Agency; judgments affirmed.D'ApolitoJefferson 9/26/2022 10/6/2022 2022-Ohio-3547
Cook v. Kramer 21 JE 0026Child custody modification; R.C. 3109.04; best interest factors; an incident where one parent followed medical advice pertaining to the child does not constitute a changed circumstance; trial court’s use of personal knowledge.WaiteJefferson 9/20/2022 9/29/2022 2022-Ohio-3422
Ameduri v. Machine Technology & Field Serv. 21 MA 0102CIVIL – summary judgment; Civ.R. 56; de novo review; uninsured motorist (“UM”) coverage claim; Drill Rig; Accident; Appellee’s Auto Policy; R.C. 3937.18(A), “Uninsured and underinsured motorist coverage”; the Drill Rig was not an “uninsured motor vehicle” at the time of the Accident; UM coverage is not owed because the owner’s or operator’s liability does not result from the ownership, maintenance or use of an “uninsured motor vehicle”; the trial court did not err in granting Appellee’s motion for summary judgment because the Drill Rig was “designed for use mainly off public roads” and did not meet the definition of an “uninsured motor vehicle” in Appellee’s UM coverage “while not on public roads”; judgment affirmed.D'ApolitoMahoning 9/19/2022 9/29/2022 2022-Ohio-3423
State v. Fisher 21 NO 0486CRIMINAL LAW – burglary; obstructing official business; criminal trespass; trial by jury; sentenced to a total of 12 months in prison; there is sufficient evidence upon which the jury could reasonably conclude beyond a reasonable doubt that the elements of burglary were proven; R.C. 2911.12(B); the record establishes that the element of “stealth” was supported by competent, probative evidence; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; judgment affirmed.D'ApolitoNoble 9/19/2022 9/29/2022 2022-Ohio-3424
State ex rel. Barnette v. Sweeney 22 MA 0040Mandamus, Civ.R. 12(B)(6) Motion to Dismiss, denial of motion to resentence, appeal is adequate remedyPer CuriamMahoning 9/19/2022 9/29/2022 2022-Ohio-3425
State v. Wilcox 21 MO 0004CRIMINAL LAW – aggravated possession of drugs; possessing drug abuse instruments; use/possession of drug paraphernalia; trial by jury; sentenced to a total of 12 months; there is sufficient evidence upon which the jury could reasonably conclude beyond a reasonable doubt that the elements of aggravated possession of drugs, possessing drug abuse instruments, and use/possession of drug paraphernalia were proven; R.C. 2925.11(A) and (C)(1)(a); R.C. 2925.12(A) and (C); R.C. 2925.14(C)(1) and (F)(1); the trial court did not err in overruling Appellant’s Crim.R. 29 motion; the jury chose to believe the State’s witnesses; the jury did not clearly lose its way in finding Appellant guilty; maximum sentence; R.C. 2953.08(G); the trial court considered R.C. 2929.11, 2929.12, 2929.13, 2929.14, 2929.15, and the PSI; Appellant’s 12-month maximum term is within the authorized statutory range for the fifth-degree felony offense; R.C. 2929.14(A)(5); Appellant’s sentence is not contrary to law; judgment affirmed.D'ApolitoMonroe 9/16/2022 9/20/2022 2022-Ohio-3293
State v. Blakovich 21 CO 0021CRIMINAL - The phrase “on or about December 17, 2020” in an indictment is sufficiently close in time to the evidence adduced at trial that the charged conduct occurred between December 22-26, 2020 to put Appellant on notice of the charged conduct. Exactness of time is not essential to an intimidation charge. An appellate court errs where it relies on the dicta in Marcum to modify or vacate a sentence based on a lack of support in the record for the trial court's findings under R.C. 2929.11 and R.C. 2929.12. A sentence not supported by the record is not “contrary to law” pursuant to R.C. 2953.08(G)(2)D'ApolitoColumbiana 9/16/2022 9/20/2022 2022-Ohio-3287
Yemma v. Leber Real Estate, Ltd. 21 MA 0069CIVIL – On a motion for summary judgment by a debtor challenging the purported creditor’s standing to enforce a promissory note, the purported creditor must demonstrate that it is the holder of the note. Where the note is not indorsed in blank, the purported creditor in possession of the note must establish that the allonge, which transferred the note to the purported creditor, was affixed to the note when the complaint was filed.D'ApolitoMahoning 9/16/2022 9/20/2022 2022-Ohio-3289
Toth v. Subway Restaurants L.L.C. 21 MA 0084CIVIL – summary judgment; Civ.R. 56; de novo review; negligence theory; Appellant alleged she sustained injuries in a Subway restaurant; Franchise Agreement; Appellant improperly named Appellee as a defendant in this case; Appellant voluntarily dismissed, inter alia, the franchisees; Appellee provided proper Civ.R. 56(C) and (E) evidence that established that it did not legally own, operate, control, or inspect the Subway restaurant and that it was not the franchisor and not a party to the Franchise Agreement; Appellant failed to rebut Appellee’s properly supported motion for summary judgment with her own proper Civ.R. 56 evidence; Appellant did not raise an apparent agency theory of liability in her complaint or in her memorandum contra to Appellee’s motion for summary judgment; whether premised upon negligence or apparent authority, Appellant’s claims fail as a matter of law; the trial court properly granted Appellee’s motion for summary judgment; judgment affirmed.D'ApolitoMahoning 9/16/2022 9/20/2022 2022-Ohio-3290
Herubin v. Ohio Dept. of Job & Family Servs. 21 MA 0109common pleas court had jurisdiction to hear administrative appeal where estate was substituted as party for decedent before six-month extended appeal time ended; administrative decision denying Medicaid application supported by reliable, probative, and substantial evidence and in accordance with law; estate argued pandemic made it factually impossible for authorized representative to comply with verification requirements, claiming he was unable to secure appointment with bank to set up trust and open trust account; common pleas court properly struck affidavit which was not in administrative record and found any issue caused by pandemic not raised to county DJFS.RobbMahoning 9/14/2022 9/15/2022 2022-Ohio-3243
In re A.R. 22 MA 0019termination of parental rights; R.C. 2151.414(B)(1); R.C. 2151.414(D)(1); child in agency’s temporary custody for at least 12 of the last 22 months; best interest of child to grant permanent custody to agencyDonofrioMahoning 9/14/2022 9/22/2022 2022-Ohio-3323
State v. Kotouch 21 HA 0012Prosecutor’s appeal; motion to suppress; reasonable suspicion that criminal activity is afoot must exist at the time of a traffic stop; R.C. 4519.40; R.C. 4519.41; argument raised for first time on appeal.WaiteHarrison 9/14/2022 9/29/2022 2022-Ohio-3421
Lee v. Ash 21 HA 0009CIVIL – Petition for a Civil Stalking Protection Order (“CSPO”); granted; the trial court’s decision reviewed for an abuse of discretion; manifest weight of the evidence; CSPO filed in accordance with R.C. 2903.214; petitioner required to establish a violation of R.C. 2903.211, “Menacing by stalking”; R.C. 2903.211(D)(1) and (2); R.C. 2901.22(B); the trial court did not abuse its discretion in granting Appellee’s Petition for a CSPO against Appellant as Appellee established that Appellant violated R.C. 2903.211(A)(1); the record reveals a pattern of conduct by Appellant as well as a sufficient finding that Appellant caused Appellee mental distress; the testimony presented a “he-said,” “they-said” situation; the trial court was in the best position to judge credibility and determine whether to believe Appellant or Appellee and her witnesses; judgment affirmed.D'ApolitoHarrison 9/13/2022 9/20/2022 2022-Ohio-3288
State v. Rice 21 MA 0085CRIMINAL – The trial court did not abuse its discretion when it excluded evidence of victim’s prior act of cutting Appellant’s ear with a knife. There were insufficient details surrounding the event to establish that Appellant, who was asserting deadly force self-defense, believed the victim would kill or severely injure him based on the victim’s prior act. Evidence that murder victim sustained eight gunshot wounds from bullets fired Appellant’s gun, after Appellant requested admittance to victim’s apartment, despite being blocked on her mobile telephone, provided sufficient evidence of prior calculation and design.D'ApolitoMahoning 9/13/2022 9/20/2022 2022-Ohio-3291
State v. Williams 21 MA 0097CRIMINAL – Manifest weight of the evidence challenge fails where trial court’s verdict is predicated upon credibility of the witnesses and photographic evidence is susceptible to conflicting interpretations.D'ApolitoMahoning 9/13/2022 9/20/2022 2022-Ohio-3292
State v. Powell 21 MA 0050CRIMINAL LAW – misdemeanor assault; R.C. 2903.13(A); bench trial; the trial court did not err in finding Appellant guilty without hearing closing arguments as Appellant waived this right because he neither requested a closing argument nor objected to its omission; judgment affirmed.D'ApolitoMahoning 9/7/2022 9/14/2022 2022-Ohio-3220
State v. Dirocco 21 MA 0116 & 21 MA 0117CRIMINAL – The state concedes error where the trial court memorializes in a sentencing entry that a defendant is not eligible for a minimum sentence reduction pursuant to R.C. 2967.271(F)(1) because the offense is a offense of violence.D'ApolitoMahoning 9/7/2022 9/14/2022 2022-Ohio-3221
In re Petition for Adoption of C.E.B. 22 MA 0014Adoption; R.C. 3107.06; R.C. 3107.07(A); de minimis contact.WaiteMahoning 8/30/2022 9/19/2022 2022-Ohio-3286
State v. Gamble 2021-CO-00006CRIMINAL - motion to dismiss; Crim.R. 12(C); R.C. 2923.03; complicity; solicit; aid and abet; R.C. 124.57; Little Hatch Act; capable of determination without trial of the general issue; Ohio Adm.Code 123:1-46-02WrightColumbiana 8/25/2022 8/25/2022 2022-Ohio-2964
State v. Messenger 21 CO 0017CRIMINAL – Trial court abused its discretion in concluding that the state demonstrated good cause for its failure to comply with temporal requirement in R.C. 2945.481 in child endangerment and assault case, due to the state’s failure to interview the child witness seven days prior to trial. Trial court’s abuse of discretion resulted in prejudicial error as the remaining evidence in the record did not constitute overwhelming evidence of Appellant’s guilt.D'ApolitoColumbiana 8/18/2022 9/6/2022 2022-Ohio-3120
State v. Hilliard 21 BE 0024Fourth Amendment; a review of affidavit in support of a search warrant is limited to four corners of affidavit; State v. Castagnola, 145 Ohio St.3d 1, 2015-Ohio-1565, 46 N.E.3d 638; an affidavit in support of a search warrant must provide a timeline; hearsay evidence; veracity and knowledge.WaiteBelmont 8/17/2022 8/17/2022 2022-Ohio-2849
State v. Withrow 21 CA 0950Fourth Amendment; traffic stop; Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), search incident to lawful arrest.WaiteCarroll 8/17/2022 8/17/2022 2022-Ohio-2850
State v. Delancey 21 NO 0483having weapons under disability; no ineffective assistance of trial counsel; whether to object to evidence is matter of trial strategy; conviction not against manifest weight of the evidence; Confrontation Clause not violated when witnesses testify and are subject to cross examination; weapons disabilityDonofrioNoble 8/15/2022 8/16/2022 2022-Ohio-2842