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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. McBride 24 CO 0033Conviction for Operating a Vehicle Impaired ("OVI") and failure to control; requirement of an explanation of circumstances of the crime; R.C. 2937.07; written waiver of explanation of circumstances; written waiver of proof beyond a reasonable doubt; Crim.R. 11(E); Traf.R. 10(D); requirement to inform defendant of the effect of a no contest plea; written waiver of rights contained the explanation of the effect of the no contest plea; judgment affirmed.WaiteColumbiana 4/17/2025 4/23/2025 2025-Ohio-1439
State v. Perkins 24 MA 0054App.R. 26(A)(1), obvious error; fully considered; plain error, abuse of discretion, removal of juror for cause; peremptory challengesPer CuriamMahoning 4/17/2025 4/17/2025 2025-Ohio-1387
Everson v. Acme Co. 24 MA 0055CIVIL - summary judgment; gender discrimination; disability discrimination/failure to accommodate; retaliation; prima facie case of discrimination; legitimate, nondiscriminatory reason; pretext for discrimination; disability; honest belief rule; adverse employment action; materially adverse change; terms/conditions of employment; burden on summary judgment; nonmoving party.LynchMahoning 4/15/2025 4/15/2025 2025-Ohio-1335
State v. Reese 24 MA 0092Second petition for postconviction relief overruled by the trial court; R.C. 2953.21; R.C. 2953.23(A); trial court was required to dismiss a successive petition for postconviction relief; Appellant was not unavoidably detained from timely filing his second petition; the evidence Appellant relies on to support his second petition was available prior to the direct appeal and prior to the filing of the first petition; res judicata prevents Appellant from raising matters that were or could have been raised as part of the direct appeal and the first petition; judgment affirmed.WaiteMahoning 4/15/2025 4/23/2025 2025-Ohio-1441
Martins Ferry City School Dist. Bd. of Edn. v. Martins Ferry Edn. Assn. 24 BE 0049Arbitration; motion to vacate arbitration award; R.C. 2711.10(D); arbitrator exceeds authority; arbitration award must draw essence from CBA; CBA ambiguous language; arbitrator interpretation of CBA; notice of right to prior teaching service credit; filing grievance; timeliness; arbitrabilityHanniBelmont 4/15/2025 4/16/2025 2025-Ohio-1355
State v. Givens 24 BE 0044To comply with the mandates of Crim.R 44(B), before accepting a criminal defendant’s waiver of counsel trial court must engage in the requisite colloquy to advise of the dangers of proceeding pro se; violation of Crim.R. 44(B) does not affect underlying conviction, requires vacation of the sentence and resentencing without possibility of confinement, including a suspended sentence.WaiteBelmont 4/15/2025 4/23/2025 2025-Ohio-1438
State v. Jenkins 24 HA 0009motion to vacate void judgment filed more than 20 years after sentence; contrary to defendant’s belief, he was sentenced under SB 2 (to a definite sentence for aggravated robbery) and the aggravated murder sentence of 20 to life was mandated; consecutive sentencing does not involve improper judicial fact-finding; void versus voidable; res judicata; untimely post-conviction petition.RobbHarrison 4/14/2025 4/16/2025 2025-Ohio-1357
State v. Jimenez-Zenquiz 24 MA 0089Post-sentence motion to withdraw guilty plea; arguments not based on new evidence that could have been raised on direct appeal are barred by res judicata; a trial court is required to hold an evidentiary hearing before it can sustain a motion to withdraw a guilty plea; no ineffective assistance of counsel or manifest injustice where no new evidence negates an element of the defense or provides a defense.WaiteMahoning 4/14/2025 4/23/2025 2025-Ohio-1440
State v. Gonzalez 24 MA 0076CRIMINAL – prior inconsistent statement; prior bad acts; rape shield law; defense witness; opened the door; defendant’s prior sexual history; prejudicial; inflammatory; harmless error; overwhelming evidence of guilt; expert witness; delayed disclosure; direct appeal.DickeyMahoning 4/11/2025 4/14/2025 2025-Ohio-1314
Castner v. Jefferson Cty. 24 JE 0017CIVIL – sovereign immunity; proprietary function; R.C. 2744.01(G)(2)(C); municipal corporation water supply system; regional water and sewer district; utility; expressio unius est exclusio alterius.DickeyJefferson 4/11/2025 4/14/2025 2025-Ohio-1309
Kocher v. Ascent Resources-Utica, L.L.C. 24 JE 0019, 24 JE 0020, 24 JE 0021CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas case; lease; bonus money; disgorgement; equitable remedy; no wrongdoing; unjust enrichment; Dormant Mineral Act; R.C. 5301.56(B)(3) and (H)(1); judgments affirmed.DickeyJefferson 4/10/2025 4/14/2025 2025-Ohio-1311
Blackwell v. White House Fruit Farm, Inc. 24 MA 0094CIVIL – summary judgment; Civ.R. 56; de novo review; slip and fall; parking lot; business invitee; open and obvious; no attendant circumstances; judgments affirmed.DickeyMahoning 4/10/2025 4/14/2025 2025-Ohio-1317
State v. Morgan 24 MA 0040REOPENING – App.R. 26(B); timely application to reopen direct appeal; Appellant fails to meet the standard under Strickland v. Washington, 466 U.S. 668 (1984); assignments of error; failure to raise objection; failure to file motion to suppress dash cam video; whether felonious assault serves as a predicate offense for felony murder; cumulative error; Appellant fails to establish that he was denied the effective assistance of appellate counsel warranting a reopening; application denied.Per CuriamMahoning 4/9/2025 4/14/2025 2025-Ohio-1312
State v. Jones 24 MA 0088Postconviction petition; petition cannot be considered by a trial a court if it is untimely and no exception applies; fact that petition is successive is grounds for denying; a petitioner is barred by res judicata from raising arguments that have been or could have been raised on direct appeal.WaiteMahoning 4/9/2025 4/14/2025 2025-Ohio-1316
Bory v. Roudebush 24 CA 0978CIVIL – oral settlement agreement; material term; “meeting of the minds”; clear and convincing evidence.DickeyCarroll 4/9/2025 4/14/2025 2025-Ohio-1305
State v. Howze 24 BE 0002CRIMINAL – application to reopen; amend charge; grand jury.Per CuriamBelmont 4/8/2025 4/14/2025 2025-Ohio-1300
Menges v. Strunk 24 BE 0018CIVIL – Civil Rule 5(A); new or additional claims for relief or for additional damages; no service; intervenors’ complaints.Per CuriamBelmont 4/8/2025 4/14/2025 2025-Ohio-1301
State v. Antonacci 24 BE 0053postconviction petition; no hearing required; doctrine of res judicata barred relief; no ineffective assistance of counselHanniBelmont 4/8/2025 4/14/2025 2025-Ohio-1304
Bishop v. Bishop 24 CO 0030CIVIL – reconsideration; affirm; separate grounds; evidentiary basis; no obvious error; no issue not considered; en banc consideration; no intra-district conflict.Per CuriamColumbiana 4/8/2025 4/14/2025 2025-Ohio-1306
State v. Hall 24 JE 0016Ineffective assistance of counsel, deficient performance, not guilty byHanniJefferson 4/8/2025 4/14/2025 2025-Ohio-1308
State v. Fisher 24 JE 0018CRIMINAL LAW – having weapons while under disability; jury trial; sentenced to 24 months in prison; sufficiency of the evidence; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight; the jury chose to believe the State’s witnesses; judgment affirmed.DickeyJefferson 4/8/2025 4/14/2025 2025-Ohio-1310
Wilson v. Ohio Dept. of Job & Family Servs. 24 MA 0080application for nutrition assistance; food stamps; R.C. 5101.35; trial court lacked subject matter jurisdiction; failure to exhaust administrative remediesHanniMahoning 4/8/2025 4/14/2025 2025-Ohio-1315
State ex rel. Yost v. D&L Ferguson, L.L.C. 24 HA 0008CIVIL – bench trial; manifest weight. CONTRACTS - EAU was not legally in existence at the time the purchase agreement was entered into and signed by the parties; personal liability; EAU’s sole member and manager is not shielded from liability; Civ.R. 15(B); amendment of a pleading; abuse of discretion standard; Civ.R. 54(B). DAMAGES – the trial court, having observed the presentation of the invoices and the related testimony, was in the best position to calculate and award damages; judgment affirmed.DickeyHarrison 4/7/2025 4/14/2025 2025-Ohio-1307
State v. Hawkins 24 BE 0047CRIMINAL LAW – attempted possession of a deadly weapon while under detention; guilty plea; the parties jointly recommended a 12-month prison term to be served consecutive to Appellant’s other case in Montgomery County; Appellant’s sentence is not contrary to law; R.C. 2953.08(D)(1) and (G); judgment affirmed.DickeyBelmont 4/7/2025 4/14/2025 2025-Ohio-1303
State v. McElroy 24 BE 0034sentencing standard of review; allegations sentence not supported by the record; R.C. 2929.11 and 2929.12; no error in deviating from recommended aggregate sentence of 8.5 to 11.5 months by a mere 6 months.RobbBelmont 4/2/2025 4/16/2025 2025-Ohio-1356
State v. Anderson 24 MA 0047CRIMINAL – application to reopen; hearsay; duplicative testimony; cross-examination.Per CuriamMahoning 4/1/2025 4/2/2025 2025-Ohio-1172
Cardinal Minerals, L.L.C. v. Blatt 24 MO 0008, 24 MO 0009, 24 MO 0011, 24 MO 0012summary judgment; oil and gas lease; Westfield Ins. Co. v. Galatis, 2003-Ohio-5849; champerty and maintenance; plain language; funds in escrow; breach of contract; award of attorney’s fees; Civ.R. 37(A)(5) findings required; frivolous conduct.RobbMonroe 3/31/2025 4/1/2025 2025-Ohio-1159
State v. Ballard 24 MA 0033Application to reopen appeal; App.R. 26(B).Per CuriamMahoning 3/14/2025 3/21/2025 2025-Ohio-994
Mineral Dev., Inc. v. SWN Prod., L.L.C. 24 MO 0013application for reconsideration denied; plain language of 1918 deed applied and lease royalties based on pooling of the premises at issue must be shared by the non-participating royalty interest.Per CuriamMonroe 3/12/2025 3/13/2025 2025-Ohio-827
State v. Piatt 24 MO 0016Motion for early termination of sex offender registration requirements; trial court’s failure to provide basis for denial; res judicata does not bar a second motion for early termination of sex offender registration requirements so long as the second motion is not merely a substitute for an appeal of the earlier filed motion.WaiteMonroe 3/10/2025 3/21/2025 2025-Ohio-995
JPMorgan Chase Bank, N.A. v. Gallabrese 24 JE 0015affirming summary judgment to bank on credit card account; no genuine issue of fact raised on unconscionability; contractual interest rate was not limited by 8% usury statute; no due process violation in ruling on bank’s motion for extension.RobbJefferson 3/5/2025 3/6/2025 2025-Ohio-733
State v. McGrew 24 CO 0022Petition for reconsideration; mere disagreement with the Court’s logic insufficient to raise an issue for reconsideration; motion to certify a conflict; factual differences do not create conflicts of law.Per CuriamColumbiana 3/5/2025 3/21/2025 2025-Ohio-993
A.M. v. Leone 24 MA 0077, 24 MA 0083CIVIL – domestic violence civil protection order; clear and convincing evidence; fear; change in routine; judicial bias; failure to assert property rights.DickeyMahoning 3/4/2025 3/5/2025 2025-Ohio-728
State v. Heath 24 MA 0062Witness identification of a perpetrator is sufficient evidence as to identity; where victim provides identification of a perpetrator and circumstantial evidence supports that identification, conviction not against the manifest weight of the evidence; untimely Crim.R. 33 motion filed without obtaining leave properly denied without hearing; no cumulative error where no harmless or reversible error is found.WaiteMahoning 2/28/2025 3/21/2025 2025-Ohio-996
State v. Perkins 24 MA 0054Juror misconduct; challenge for cause, R.C. 2313.17(B)(9); abuse of discretion; peremptory challenge; new trial on basis of juror misconduct, Crim. R. 33(B)(2); child competency; competency determination, R.C. 2317.01; Evid. R. 601; child testimony; manifest weight of the evidence; sufficiency of the evidence; rape, R.C. 2907.02(A)(1)(b); gross sexual imposition, R.C. 2907.05(A)(4)HanniMahoning 2/26/2025 2/26/2025 2025-Ohio-634
Ellyson v. Ellyson 24 CO 0026abuse of discretion; valuation of real property; factual issue; whether offer to purchase property was genuine goes to the weight of the evidence; date of appraisals goes to weight to be given the evidence, not admissibility; characterization of property as marital or separate involves a factual inquiry; credibility determinations afforded discretion.RobbColumbiana 2/26/2025 2/27/2025 2025-Ohio-639
State v. Newberry 24 CO 0032illegal use of a minor or impaired person in nudity-oriented material or performance: engaging in prostitution; possessing criminal tools; sufficient evidence supported convictions; convictions not against manifest weight of the evidence; trial court made statutory consecutive-sentencing findingsHanniColumbiana 2/21/2025 2/24/2025 2025-Ohio-586
State ex rel. Wise v. Belmont Cty. Common Pleas Court 24 BE 0052Original action; writ of mandamus; sui juris; court of common pleas not a legal entity capable of being sued; sua sponte dismissal.Per CuriamBelmont 2/21/2025 3/21/2025 2025-Ohio-992
State v. Biddle 24 BE 0035aggravated trafficking in drugs; having a weapon while under disability; guilty plea; court made required statutory consecutive sentencing findings; consecutive sentencing findings supported by record; no violation of right to allocutionHanniBelmont 2/20/2025 2/21/2025 2025-Ohio-568
State v. Miller 24 BE 0031Illegal conveyance into a detention center; challenge to prison term imposed for fourth degree felony; court made the determination that appellant had prior felony record, which disqualified him for mandatory community control; prior felony record also gave the court discretion to impose a prison term under R.C. 2929.13(B)(1)(b); appellant's argument regarding lack of findings supporting R.C. 2929.11 and 2929.12 summarily overruled; argument that court failed to cite appellant's twenty-year record of law-abiding life is not supported by the record; judgment affirmed.WaiteBelmont 2/20/2025 3/21/2025 2025-Ohio-991
State v. Frye 24 CO 0028CRIMINAL LAW – illegal use of minor or impaired person in nudity oriented material or performance; pandering obscenity involving a minor or impaired person; guilty plea; Tier II Sex Offender; consecutive sentence; 32 years in prison; substantial compliance with non-constitutional notice provisions under Crim.R. 11(C)(2)(a)-(b); trial court not obligated to follow joint sentencing recommendation; Appellant’s sentence is not contrary to law; R.C. 2953.08(G); judgment affirmed.DickeyColumbiana 2/20/2025 2/21/2025 2025-Ohio-569
Gamble v. Valley Oaks Care Ctr. 24 CO 0029refiled action barred by four-year statute of repose for medical claims; where original action was timely filed but then voluntarily dismissed, the saving statute may allow refiling within one year for purposes of the statute of limitation but this does not extend the statute of repose, as the Ohio Supreme Court considers the statute of repose a hard deadline that is not satisfied by refiling under saving statute.RobbColumbiana 2/20/2025 2/21/2025 2025-Ohio-570
Johnson v. Sailor 24 MA 0063CERTIFICATION – App.R. 25(A); Ohio Constitution, Article IV, Section 3(B)(4); this court’s decision is not in conflict with the decisions cited by Appellant from the Second, Third, Fourth, Eighth, Ninth, and Tenth District Courts of Appeal. EN BANC – App.R. 26(A)(2); our decision is not in conflict with another decision from our district; Appellant has failed to identify a dispositive issue; there is no basis for en banc consideration; joint application denied.Per CuriamMahoning 2/20/2025 2/21/2025 2025-Ohio-571
Johnson v. Sailor 24 MA 0063RECONSIDERATION – App.R. 26(A); 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 CuriamMahoning 2/20/2025 2/21/2025 2025-Ohio-572
State v. Shurtleff 24 MA 0082CRIMINAL – non-violent fifth degree felonies, maximum sentence, presumption against incarceration, exception, commission of a felony, previously served prison time.DickeyMahoning 2/20/2025 2/21/2025 2025-Ohio-574
State v. Huntsman 24 MO 0014having weapons while under a disability; aggravated drug possession; guilty plea; no ineffective assistance of counsel; jointly recommended sentenceHanniMonroe 2/20/2025 2/21/2025 2025-Ohio-573
State v. Olman 24 BE 0033CIVIL – Civ.R. 60(B); motion for relief from judgment; timeliness of appeal; denial of postconviction petition; GTE prongs; motion timely filed; Appellant fails to demonstrate a meritorious defense or claim; Appellant is not entitled to relief under Civ.R. 60(B)(1) or (5); judgment affirmed.DickeyBelmont 2/10/2025 2/11/2025 2025-Ohio-437
Abruzzino v. Brown 24 CO 0021Vexatious litigator; R.C. 2323.52(D)(1); cases assigned by the administrative judge; Sup.R. 36; motions filed by counsel used in determining vexatious litigator where the filings are attributable to the party.WaiteColumbiana 2/6/2025 2/11/2025 2025-Ohio-438
Bernat v. EK Real Estate Fund I., L.L.C. 24 MA 0015motion for sanctions; appeal not frivolous; Seventh Dist.Loc.R. 23(A)Per CuriamMahoning 2/6/2025 2/7/2025 2025-Ohio-393
Patrick v. Mercy Health Youngstown, L.L.C. 24 MA 0034Whitelock v. Gilbane Bldg. Co., 66 Ohio St.3d 594, 596 (1993); App.R. 25; motion to certify a conflict; rule of law.Per CuriamMahoning 2/6/2025 2/7/2025 2025-Ohio-394
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