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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Schneider
| 25 MA 0014 | guilty plea to six sexual offenses involving six different children and receiving a jointly recommended total sentence of 18 years; defendant claims plea was not knowingly, voluntarily, and intelligently entered and he received ineffective assistance of counsel because at the initial hearing, the court, his attorney, and the state misadvised him on the maximum penalty; they believed indefinite sentencing under Reagan-Tokes was applicable to three offenses; within hours of the hearing and before any judgment was rendered, they realized only one count could invoke this type of sentencing (as only one count had a date range extending after the statute’s effective date); the day after the initial hearing, plea discussions were resumed, the written plea agreement was amended, the hearing was reopened, and the court adopted the agreed sentence. | Robb | Mahoning |
9/17/2025
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9/17/2025
| 2025-Ohio-4366 |
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State v. Friend
| 24 BE 0055 | manifest weight of the evidence; sufficiency of the evidence; speedy trial; hostile witness; consecutive sentence findings affirmed but sentence modified where trial court erred in labeling all four prison terms mandatory as only the first prison term was mandatory as conceded by state. | Robb | Belmont |
9/10/2025
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9/11/2025
| 2025-Ohio-3270 |
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State v. Hlinovsky
| 25 BE 0010 | Challenge to whether guilty plea was made knowingly and intelligently; one nonconstitutional provision of Crim.R. 11(C)(2)(a) is a requirement to insure defendant has an understanding of the nature of the charges; defendant commented during allocution he was dissatisfied with conviction for failure to appear because he was hospitalized at the time; defendant's dissatisfaction with criminal does not show lack of understanding of the nature of the charge; failure to make R.C. 2929.14(C)(4) consecutive sentence findings; defendant cannot appeal consecutive sentence that is part of an agreed sentence; R.C. 2953.08(D)(1); judgment affirmed. | Waite | Belmont |
9/10/2025
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9/12/2025
| 2025-Ohio-3299 |
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State v. Gentile
| 25 BE 0009 | Speedy trial; R.C. 2941.401; a guilty plea waives both a statutory and constitutional challenge to an alleged speedy trial violation. | Waite | Belmont |
9/9/2025
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9/10/2025
| 2025-Ohio-3267 |
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State v. Spencer
| 25 MA 0012 | Convictions for gross sexual imposition; competency of child witness; Evid.R. 601; R.C. 2317.01; sufficiency of the evidence; manifest weight of the evidence; Megan's Law; challenge to the enhancement of sexual offender classification by referencing a prior conviction that occurred before the effective date of the Adam Walsh Act; judgment affirmed. | Waite | Mahoning |
9/8/2025
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9/10/2025
| 2025-Ohio-3268 |
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Benson v. Harrison's Home Improvement
| 25 MA 0001 | manifest weight standard of review; burden to secure transcript to support arguments on appeal; Civ.R. 53(D); magistrate’s decisions. | Robb | Mahoning |
9/8/2025
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9/11/2025
| 2025-Ohio-3272 |
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1803 Resources, L.L.C. v. Lineback
| 24 MO 0019, 24 MO 0023 | Extinguishment under the Marketable Title Act ("MTA"); abandonment; savings event; severed mineral rights; root of title; Blackstone v. Moore, 2018-Ohio-4959; plain language of the writing; question of law; title transaction; champerty and maintenance; summary judgment. | Robb | Monroe |
9/5/2025
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9/11/2025
| 2025-Ohio-3271 |
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Vickers v. Capstone Holding
| 24 JE 0023, 24 JE 0025 | deed interpretation and enforcement action not barred by release clause in that same deed transferring the property to the landowners; deed’s plain language excepted only those minerals “heretofore conveyed” and did not create a new reservation of all minerals to the grantor; rejecting reliance on false recital principle; statutory entitlement to prejudgment interest on lease royalties was not eliminated by title clause in lease allowing Gulfport to withhold royalties pending resolution of an adverse title claim. | Robb | Jefferson |
9/4/2025
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9/5/2025
| 2025-Ohio-3172 |
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State v. Richardson
| 25 BE 0006 | CRIMINAL – hotel room; departure time; reservation; possession of drugs; constructive possession; joint possession; circumstantial evidence; sufficiency; weight of the evidence; jail attire; shackles; refusal to attend trial; motion for new counsel on first day of trial; closing argument; shifting burden of proof; motion to suppress; automatic standing; cumulative error. | Dickey | Belmont |
9/3/2025
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9/3/2025
| 2025-Ohio-3128 |
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State v. Shaw
| 25 MA 0020 | summary denial of application for DNA testing; abuse of discretion; R.C. 2953.74. | Robb | Mahoning |
9/3/2025
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9/5/2025
| 2025-Ohio-3173 |
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State v. Catale
| 25 MA 0023 | defendant called to 911 to report a person at a neighboring house threatened her by saying, “I don’t know what he will do” (referring the property owner, who was not present); sufficient evidence for conviction of violating city code on misuse of 911 as there was no threat or emergency situation; conviction not against the manifest weight of the evidence. | Robb | Mahoning |
9/3/2025
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9/5/2025
| 2025-Ohio-3174 |
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Valentine v. Kroger Co.
| 25 JE 0002 | Summary judgment proper where the plaintiff failed to meet an element of the claims asserted; judgment affirmed where trial court reached right results for the wrong reasons; trial court’s failure to timely issue a scheduling order not grounds for reversal if no prejudice results; no prejudice exists where case not decided based on age of the case but on a dispositive motion. | Waite | Jefferson |
9/2/2025
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9/3/2025
| 2025-Ohio-3129 |
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State v. Cheza
| 24 MA 0105 | Motion to withdraw guilty plea; State v. Fish, 104 App.3d 236 (1st Dist.1995); entering a guilty plea for purposes of securing a temporary release from incarceration is not a valid reason to later withdraw that plea; constructive possession is not a defense to possession-related charges; evidence that a defendant handed drugs to a codefendant to avoid responsibility is not a defense giving rise to a motion to withdraw a guilty plea. | Waite | Mahoning |
8/25/2025
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9/3/2025
| 2025-Ohio-3127 |
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Mason v. Forshey
| 25 NO 0522 | In order to file a writ of habeas corpus, a criminal defendant must have served the entirety of their sentence; where a defendant’s conduct during municipal court proceedings forms the basis for felony charges filed in common pleas court, it is the common pleas court’s jurisdiction that an inmate must attack. | Waite | Noble |
8/25/2025
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9/3/2025
| 2025-Ohio-3130 |
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State v. Reichert
| 25 BE 0011 | R.C. 2935.36(D); pre-trial diversion; prosecutor recommendation; court cannot terminate criminal prosecution; separation of powers | Hanni | Belmont |
8/19/2025
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8/19/2025
| 2025-Ohio-2965 |
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State v. Jackson
| 25 BE 0001 | Intervention in lieu of conviction ("ILC"); defendant violated terms of ILC and admitted to violation at revocation hearing; defendant argues community control revocation requires two hearings; ILC is not revocation of community control and is governed by R.C. 2951.041, which only requires a single hearing; defendant waived option of second hearing by admitting the violation; plain error; no prejudice shown; judgment affirmed. | Waite | Belmont |
8/18/2025
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8/19/2025
| 2025-Ohio-2964 |
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State v. Crump
| 24 MA 0086 | Admission of “gruesome” photographs; Appellant’s duty to raise and cite alleged errors in the record, not court’s duty to locate possible errors; photographs involving child’s death treated the same as adults, no separate standard exists; photographs admitted for the purpose of showing how investigators discovered the body admissible; photographs of fatal wound admissible; plain error; where indictment challenged as insufficient, it must be raised prior to trial; an indictment charging conspiracy sufficient where the overt act alleged involves communications not only to prepare, but to facilitate commission of offense; evidence sufficient to support conspiracy where the state shows defendant traveled to the crime scene with a codefendant who is communicating plans to a third codefendant; evidence admitted to prove defendant’s identity as perpetrator not “bad acts” evidence as it is admitted for a proper purpose, Evid.R. 404(B)(2); sufficient and credible evidence exists where voluminous circumstantial evidence implicated the defendant; when trial court states on record it considered a psychological report court presumed to have considered that information unless record demonstrates otherwise. | Waite | Mahoning |
8/18/2025
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8/19/2025
| 2025-Ohio-2962 |
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State v. Reese
| 24 MA 0092 | App.R. 26(A); application for reconsideration denied as untimely filed; later filed motion for leave to file application for reconsideration based on belief the original application mailed in time to be received at clerk's office by the ten-day filing deadline; no showing of extraordinary circumstances; per curiam opinion dismissing original application for reconsideration also addressed merits of the application, and appellant has not changed his argument in the second application; mere disagreement with our reasoning not a basis for granting reconsideration; motion for leave and second application for reconsideration overruled. | Per Curiam | Mahoning |
8/18/2025
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8/19/2025
| 2025-Ohio-2963 |
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Gateway Royalty, L.L.C. v. EAP Ohio, L.L.C.
| 24 CA 0980 | Breach of contract to recover post-production costs from overriding royalty interests ("ORRI"); Gateway Royalty II, LLC v. Gulfport Energy Corporation, 2024-Ohio-4844; summary judgment in favor of ORRI holder; Ohio courts have previously held ORRIs presumed paid free of costs, and ORRI assignment under review silent as to deducting post-production costs; Ohio consistent with cost free ORRI definition in many other states; trial court did not improperly weigh evidence; parties who practice in a trade are presumed to know industry customs and standards; judgment affirmed. | Waite | Carroll |
8/15/2025
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8/19/2025
| 2025-Ohio-2961 |
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State v. Kidder
| 24 CO 0048 | father convicted of raping son; Evid.R. 702 expert witness testimony; no plain error in admitting expert opinion on sexual abuse; no Confrontation Clause violations; testimony as to statements by others not hearsay; no excited utterance; harmless error; sufficient evidence to support convictions; counsel not ineffective | Hanni | Columbiana |
8/14/2025
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8/15/2025
| 2025-Ohio-2905 |
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State v. Nelder
| 25 CO 0003 | Felony sentencing standard of review; trial court’s consideration of mental health prior to imposing a sentencing is found within the record; arguments not properly raised on appeal need not be addressed. | Waite | Columbiana |
8/14/2025
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8/15/2025
| 2025-Ohio-2906 |
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State v. Corlett
| 25 MA 0015 | unlawful sexual conduct with a minor; maximum sentence on one count; sentence not contrary to law; nunc pro tunc judgment to correct clerical error | Hanni | Mahoning |
8/14/2025
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8/15/2025
| 2025-Ohio-2907 |
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State v. Granberry
| 25 CO 0004 | Compelling prostitution; attempted unlawful sexual conduct with a minor; engaging in prostitution; possession of criminal tools; postconviction petition; not entitled to hearing; petition barred by res judicata | Hanni | Columbiana |
8/13/2025
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8/13/2025
| 2025-Ohio-2854 |
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State v. Levesque
| 25 MA 0025 | CRIMINAL LAW – misdemeanor telecommunications harassment; no contact order; community control violation; 30-day jail sentence stayed pending appeal; the trial court complied with the R.C. 2929.21 and 2929.22 statutory mandates and did not commit plain error or abuse its discretion; judgment affirmed. | Dickey | Mahoning |
8/11/2025
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8/12/2025
| 2025-Ohio-2834 |
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Massacci v. Sloan-Massacci
| 25 MA 0004 | CIVIL – divorce; R.C. 3105.01(J); Civil R. 75(M); corroborating evidence; judicial notice of the record; Civ.R. 53(D)(4)(b); Civ.R. 53(D)(4)(d); abuse of discretion. | Dickey | Mahoning |
8/8/2025
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8/11/2025
| 2025-Ohio-2825 |
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Menges v. Strunk
| 24 BE 0018 | CIVIL – State ex rel. Consortium For Economic & Community Dev. For Hough Ward 7 v. McMonagle, 2016-Ohio-4704 (8th Dist.); jurisdictional-priority rule; Civil R. 3(A); commenced; service; Civil Rule 5(A). | Per Curiam | Belmont |
8/6/2025
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8/7/2025
| 2025-Ohio-2766 |
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State v. Howze
| 25 BE 0005 | DRUG OFFENSES – aggravated possession of drugs; trafficking in tramadol; possession of drugs; forfeiture specifications; proportionality review hearing following remand; forfeiture of Appellant’s vehicle to the State does not constitute an excessive fine; R.C. 2981.02(A)(1)(c)(i); R.C. 2981.04(B); R.C. 2981.09(A), (C)(1)-(5), (D)(1)-(2); judgment affirmed. | Dickey | Belmont |
7/25/2025
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7/28/2025
| 2025-Ohio-2630 |
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State v. Boyer
| 24 CO 0046 | felonious assault; domestic violence; convictions not against manifest weight of the evidence; no ineffective assistance of counsel; evidence did not support jury instruction on inferior-degree offense of aggravated assault | Hanni | Columbiana |
7/25/2025
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7/28/2025
| 2025-Ohio-2627 |
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State v. Everson
| 24 MA 0097 | CIVIL -- postconviction petition; second or successive; recanting affidavit; eye witness; veracity; prosecutorial misconduct; unavoidably prevented; clear and convincing evidence; constitutional violation. | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2628 |
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State v. James
| 24 MA 0104 | CRIMINAL – consecutive sentences; separate cases; res judicata; resentencing; remand; de novo; limited; App. R. 16(A)(7). | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2629 |
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State v. Aponte-Rodriguez
| 25 MA 0002 | CRIMINAL LAW – rape; gross sexual imposition; sentenced to prison following jury trial; Tier III Sex Offender; four-year-old victim; hearsay; Evid.R. 803(4); exceptions; sufficiency; R.C. 2907.02(A)(1)(b) and (B); R.C. 2907.05(A)(4) and (C)(2); judgment affirmed. | Dickey | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2631 |
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State v. Parker
| 25 MA 0006 | domestic violence; receiving stolen property; having weapons while under a disability; assault; felonious assault; firearm specification; court imposed jointly recommended sentence; guilty plea knowingly, voluntarily, and intelligently entered | Hanni | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2632 |
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State ex rel. Tapscott v. Mahoning Cty. Court of Common Pleas, Gen. Div.
| 25 MA 0041; 25 MA 0049 | Writ of Prohibition; Consecutive Sentencing; R.C. 2929.14(C)(4); R.C. 2969.25(C); Sui Juris; Mandated Findings; Adequate Remedy; Civ.R. 12(B)(6); Civ.R. 56. | Per Curiam | Mahoning |
7/25/2025
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7/28/2025
| 2025-Ohio-2633 |
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State v. Vinka
| 25 BE 0002 | Assault, R.C. 2903.13(A)(4), jury instructions; plain error, Crim. R. 30(A); Crim. R. 52(B); insufficiency of the evidence; manifest weight of the evidence; knowingly under R.C. 2901.22(B); close proximity; ineffective assistance of counsel; maximum sentence cruel and unusual punishment; maximum sentence contrary to law; presumption against maximum sentence; sentencing statutes, R.C. 2929.11, 2929.12; felony sentence | Hanni | Belmont |
7/21/2025
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7/21/2025
| 2025-Ohio-2567 |
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Midland Credit Mgt. Inc. v. Bowers
| 24 MO 0018 | CIVIL – R.C. 2711.02; R.C. 2711.03; motion to stay; motion to enforce arbitration agreement; action on an account; standing to enforce arbitration agreement; assignment of credit card account; use of credit card; did not receive cardmember agreement; Civil Rule 56(E). | Dickey | Monroe |
7/21/2025
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7/22/2025
| 2025-Ohio-2578 |
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State v. Sargent
| 25 MA 0005 | CRIMINAL – pandering sexually oriented matter involving a minor or impaired person; R.C. 2907.322(A)(5); allied offenses of similar import; consecutive sentences; tier two sex offender classification; notice regarding sex-offender registry; R.C. 2950.03. | Dickey | Mahoning |
7/18/2025
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7/22/2025
| 2025-Ohio-2579 |
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State v. Ford
| 24 MA 0109 | CRIMINAL – R.C. 2919.27(A); violation of a protective order; misdemeanor sentence; abuse of discretion; no criminal history; uncharged conduct. | Dickey | Mahoning |
7/11/2025
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7/14/2025
| 2025-Ohio-2476 |
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State v. Melott
| 24 BE 0057 | Voluntary nature of plea agreement; trial court involvement in plea negotiations; State v. Byrd, 63 Ohio St.2d 288 (1980); self-defense; waiver; presumption in favor of concurrent sentences; ineffective assistance of counsel; prejudice. | Robb | Belmont |
7/8/2025
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7/10/2025
| 2025-Ohio-2444 |
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State v. Williamson
| 24 MO 0020; 24 MO 0021; 24 MO 0022 | Application to seal records of dismissed cases denied; defendant charged with Operating a Vehicle Impaired ("OVI"), vandalism, domestic violence, and attempted aggravated vehicular assault; R.C. 2953.61; defendant pleaded guilty to OVI, entered a diversion program on an amended charge, all remaining charges dismissed; related charges arising out of the same conduct may only be sealed if all the charges may be sealed; a conviction for OVI may not be sealed; affidavit attached to original complaint showed that all charges arose from same conduct; judgment affirmed. | Waite | Monroe |
6/30/2025
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7/7/2025
| 2025-Ohio-2402 |
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In re Adoption of H.M.M.
| 25 CO 0010 | Adoption petition alleged that natural mother's consent was not needed due to de minimis contact; R.C. 3107.07(A); mother claimed justification due to interference of father by hiding his address and phone number; record shows lack of contact for seven years, father shared his contact information with mother when he moved, mother's testimony was not credible; judgment affirmed. | Waite | Columbiana |
6/27/2025
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7/7/2025
| 2025-Ohio-2403 |
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State v. Yu
| 24 BE 0037, 24 BE 0041 | Pre-sentencing motion to withdraw guilty plea; credibility; factors; abuse of discretion; ineffective assistance of counsel; substantial compliance; right to appeal. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2377 |
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In re J.H.
| 25 BE 0013 | affirming termination of parental rights where mother raises: venue in county imposing prison sentence during which mother gave birth while incarcerated; sufficiency of notice in permanent custody motion; ground versus factor; lack of counsel at emergency shelter care hearing; sufficiency and weight of the evidence on finding child cannot be placed with the mother within a reasonable time; ineffective assistance of counsel; cumulative error. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2380 |
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Ohio River Resources, L.L.C. v. Westfall
| 24 MO 0017 | Motion for judgment on the pleading; Civ.R. 12(C); pleadings closed; harmless error; abandoned of record; R.C. 5301.56(H)(2); liberal construction. | Robb | Monroe |
6/26/2025
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7/7/2025
| 2025-Ohio-2379 |
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State v. May
| 24 MA 0085 | affirming aggravated murder and other offenses; sufficiency; weight; admission of online rap video; supplemental jury instruction on circumstantial evidence; rejection of incomplete stipulation on a prior conviction; cumulative error. | Robb | Mahoning |
6/25/2025
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7/7/2025
| 2025-Ohio-2378 |
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State v. Bugno
| 25 MA 0003 | Untimely postconviction petition; untimely motion for a new trial; jurisdictional defects strip a trial court of the ability to hear the case. | Waite | Mahoning |
6/18/2025
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7/7/2025
| 2025-Ohio-2404 |
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State v. Wieder
| 24 MA 0107 | CRIMINAL – R.C. 2913.02(A)(2); beyond the scope of the express or implied consent of the owner or person authorized to give consent; services; beauty salon; sufficiency of the evidence; manifest weight of the evidence, intent to deprive when the service provider revokes consent to any additional delay in payment. | Dickey | Mahoning |
6/16/2025
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6/17/2025
| 2025-Ohio-2128 |
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Stephens v. Zusack
| 25 BE 0024 | habeas corpus; filing requirements; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
6/16/2025
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6/17/2025
| 2025-Ohio-2129 |
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McPherson v. McPherson
| 24 CO 0049 | DOMESTIC RELATIONS – GENERAL – uncontested divorce; agreed judgment, final divorce decree; final appealable order; jurisdiction; duration of marriage; R.C. 3105.171(A)(2)(a); parties agreed to spousal support; R.C. 3105.18; pro se litigants held to same standard as those represented by counsel; judgments affirmed but remanded for the trial court to vacate its second judgment entry granting a divorce to the parties. | Dickey | Columbiana |
6/10/2025
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6/10/2025
| 2025-Ohio-2064 |
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State v. Price
| 24 CO 0036 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2091 |
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State v. Price
| 24 CO 0037 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2092 |
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