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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Fox v. Fergus Capital, L.L.C. 23 MA 0083application of contract is a matter of law; de novo review; deposition testimony used at trial; Civ.R.32(A); impeachment; evidentiary objection not raised at trail; waived; condition precedent; burden; good faith efforts to satisfy contractual conditions excusing performance.RobbMahoning 6/12/2024 6/13/2024 2024-Ohio-2255
Harsha v. Harsha 23 CO 0047motion to terminate the shared parenting plan overruled; modification of child support order; R.C. 3109.04(F)(1) best interest factors; Civ.R. 53(D)(4)(d) independent review; court may consider matters of record; R.C. 3109.04(B); no access to in-camera interview transcript; child can testify as witness; Evid.R. 601(A); Mother child support oblige; R.C. 3119.22; child support deviation for extended parenting time; tax returns and business receipts evidence of incomeHanniColumbiana 6/6/2024 6/6/2024 2024-Ohio-2177
State v. Knight 22 MA 0102Jury misconduct; Remmer hearing; Crim. R. 33; abuse of discretion; Brady violations; Crim. R. 16; discovery sanctions; cumulative error; expert testimony; Evid. R. 702; ineffective assistance of counsel; Crim. R. 22, failure to record sidebars; manifest weight of the evidenceHanniMahoning 6/6/2024 6/6/2024 2024-Ohio-2176
State v. Gaito 23 BE 0039Civ. R. 29; sufficiency of the evidence; R.C. 2917.13 misconduct at an emergency; “hamper;” “emergency;” more than just wordsHanniBelmont 6/4/2024 6/4/2024 2024-Ohio-2132
Cardinal Minerals, L.L.C. v. Miller 23 MO 0018CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas case; Dormant Mineral Act; Marketable Title Act; Appellant had full knowledge that the Pfalzgraf Interest was abandoned; Appellant sought out the Pfalzgraf Heirs for the sole purpose of pursuing litigation against Appellees; standing; quitclaim deeds; R.C. 5301.56(H)(2)(c); Doctrines of Champerty and Maintenance; assignment of rights to a lawsuit are void; the record supports the trial court’s finding that only the Pfalzgraf Heirs had standing and thus, Appellant lacks standing to pursue its claims; judgment affirmed.DickeyMonroe 6/4/2024 6/4/2024 2024-Ohio-2133
Pelletier v. Mercy Health Youngstown, L.L.C. 21 MA 0110wrongful death claim; survivorship claim; statute of repose; R.C. 2305.113(C); Everhart v. Coshocton Cty. Mem. Hosp., 2023-Ohio-4670; Wilson v. Durrani, 164 Ohio St.3d 419, 2020-Ohio-6827, 173 N.E.3d 448; R.C. 2305.15(A) tolling provisionHanniMahoning 6/4/2024 6/4/2024 2024-Ohio-2131
State v. Tinsley 23 CO 0050CRIMINAL LAW – felonious assault; failure to comply with an order or signal of a police officer; aggravated possession of drugs; possession of cocaine; OVI; guilty plea; indefinite prison term; R.C. 2953.08(G); no sentencing error; pursuant to R.C. 2929.14(A)(1)(a) and (2)(a), the trial court imposed a stated minimum term and a maximum term for each qualifying felony offense under R.C. 2929.144 and complied with the statutory requirements in imposing indefinite sentences on the concurrent counts; Appellant’s sentence is not contrary to law; judgment affirmed.DickeyColumbiana 6/4/2024 6/5/2024 2024-Ohio-2157
State v. Bishop 23 JE 0015, 23 JE 0016CRIMINAL LAW – 2018 burglary conviction; multiple filings and appeals; at issue are 18 pro se motions/requests. RES JUDICATA - all of Appellant’s current arguments have either been resolved, are moot, are untimely, or are matters that should have been (or were) raised on direct appeal or in prior post-judgment motions; there is nothing that warrants additional review by this court; judgment affirmed.DickeyJefferson 6/4/2024 6/5/2024 2024-Ohio-2158
Williams v. Edgell 23 CO 0013CIVIL – No abuse of discretion occurs in a breach of contract case, based on failure to construct pole barn in a workmanlike manner, where there exist compelling evidence, if believed, that construction project contained many structural defects. Unjust enrichment claim cannot survive when predicated upon the same damages as breach of contract claim, where parties entered into an express agreement.DickeyColumbiana 6/3/2024 6/4/2024 2024-Ohio-2129
Gutierrez v. Gray 23 BE 0037habeas corpus; res judicata; maximum penalty not yet served; R.C. 2925.50; double jeopardyPer CuriamBelmont 5/31/2024 6/4/2024 2024-Ohio-2128
State v. Carter 23 MA 0092CRIMINAL LAW - assault; jury trial; sufficiency; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight of the evidence; the jury did not clearly lose its way in finding Appellant guilty. INEFFECTIVE ASSISTANCE OF COUNSEL – the record reveals no error amounting to ineffective assistance in trial counsel’s selection with respect to any of the jurors, particularly Juror 39; the playing of a video was part of trial strategy; Appellant fails to show his trial counsel’s performance was deficient and that the deficient performance prejudiced the defense; judgment affirmed.DickeyMahoning 5/31/2024 6/4/2024 2024-Ohio-2130
State v. Byrd 23 MA 0029CRIMINAL – Evidence of prior calculation and design survives sufficiency and manifest weight challenges where Appellant employs getaway car parked out of range of surveillance cameras at the scene of the crime and has clear opportunity to deliberate before shooting the victim. Claims of ineffective assistance of counsel predicated upon evidence outside the record will not be considered on direct appeal. Failure to request instruction of lesser-included offense may constitute trial strategy. Flight instruction vests sole discretion in jury to consider the alleged evidence in determining guilt.DickeyMahoning 5/30/2024 6/4/2024 2024-Ohio-2134
State v. Reese 14 MA 0116motion or leave to file untimely application for reconsideration; App.R. 14(B); no extraordinary circumstancesPer CuriamMahoning 5/24/2024 5/24/2024 2024-Ohio-2013
State v. Herns 23 MA 0055CRIMINAL – Application for reconsideration fails where it is untimely filed, and in the alternative, where Appellant fails to demonstrate an obvious error in the Court’s decision or raise an issue that was either not at all or not fully considered.Per CuriamMahoning 5/24/2024 5/28/2024 2024-Ohio-2023
State v. Tataseo 23 CO 0030CRIMINAL – Evidence of alleged previous criminal activity involving the victim constitute other acts evidence, but was offered to establish Appellant’s motive to murder the victim. Compelling evidence in addition to the other acts evidence contravened Appellant’s argument that the outcome of the trial would have been different but for the admission of other acts evidence and the trial court’s failure to provide a limiting instruction. Manifest weight of the evidence, which included falsehoods told to investigators by Appellant, supported Appellant’s convictions for murder.DickeyColumbiana 5/24/2024 5/28/2024 2024-Ohio-2021
State v. Shaw 23 CO 0045CRIMINAL – Reasonable suspicion for traffic stop is established where officer, acting on anonymous tip that a truck driver is asleep behind the wheel at a traffic signal, observes truck driver at the designated intersection with a woman standing at the driver’s side window of the truck. Rules of evidence do not apply at a suppression hearing.DickeyColumbiana 5/24/2024 5/28/2024 2024-Ohio-2022
State v. Alvendia 23 BE 0044possession of a fentanyl-related compound; possession of drugs; guilty plea; intervention in lieu of conviction; counts committed three months apart did not merge; counsel was not ineffective; Crim.R. 11(C)(2); R.C. 2951.04(F)HanniBelmont 5/24/2024 5/24/2024 2024-Ohio-2012
Lysogorski v. Minerva Motors, L.L.C. 23 CA 0964small claims complaint; sale of vehicle “as is”; plaintiff aware there was no warranty; judgment not against manifest weight of the evidenceHanniCarroll 5/20/2024 5/20/2024 2024-Ohio-1943
State v. Richardson 22 MA 0136Application for reopening; App.R. 26(B); ex post facto law; penalty enhancement; no genuine issue as to whether applicant was denied effective assistance of appellate counsel.Per CuriamMahoning 5/16/2024 5/23/2024 2024-Ohio-1995
State v. Porter 23 BE 0049rape conviction; motion to dismiss actually second postconviction petition; petition untimely; res judicata barred claimHanniBelmont 5/14/2024 5/14/2024 2024-Ohio-1868
State v. Woodley 2023-CO-48Moot appeal; serving entirety of sentence; no collateral disability; misdemeanor; failure to seek a stay of sentence.KingColumbiana 5/14/2024 5/14/2024 2024-Ohio-1867
State v. Hole 23 CA 0968CRIMINAL – No abuse of discretion occurs where municipal court imposes a 180-day sentence (90 days suspended) for a violation of R.C. 4301.69(A). Furnishing alcohol to a minor involves a vulnerable victim, Appellant had a history of assuming roles of authority over minors, and he was acquitted of sexual imposition involving the same victim due to lack of corroboration.DickeyCarroll 5/9/2024 5/10/2024 2024-Ohio-1811
Pagani v. Krichbaum 24 MA 0031writ of prohibition; clear and convincing evidence; inferior tribunal patently and unambiguously lacks jurisdiction; motion to dismiss; Civ.R. 53(C)(1)(c); magistrates are authorized to preside over the trial of any case that will be tried to a jury upon unanimous written consent of the parties; subject-matter jurisdiction; direct appeal as adequate remedy in the ordinary course of the law; pro hac vice; writ deniedPer CuriamMahoning 5/9/2024 5/10/2024 2024-Ohio-1810
State v. Roberts 23 BE 0031aggravated possession of drugs; no ineffective assistance of counsel; trial court made statutorily-required consecutive sentencing findingsHanniBelmont 5/3/2024 5/8/2024 2024-Ohio-1772
In re P.M.K. 24 MA 0019upholding probate court’s denial of adoption petition filed by custodial maternal grandparents; petition contested by mother; R.C. 3107.161 burdens, best interest factors, and least detrimental available alternative.RobbMahoning 5/2/2024 5/8/2024 2024-Ohio-1770
State v. Easterly 23 MA 0044REOPENING – App.R. 26(B); ineffective assistance of appellate counsel; untimely pro se application to reopen direct appeal; Appellant’s application was not filed within the 90-day time requirement pursuant to App.R. 26(B)(1) and (2)(b); Appellant fails to establish good cause for the delay; even assuming that Appellant had complied with the requirements of App.R. 26(B)(1) and (2)(b), he fails to meet the standard for reopening this appeal pursuant to Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052 (1984); Appellant fails to establish that he was denied the effective assistance of counsel on appeal; application denied.Per CuriamMahoning 5/2/2024 5/8/2024 2024-Ohio-1771
State v. Adams 13 MA 0130App.R. 26; application for reopening; timeliness; good cause; lengthy delay; reliance on attorney as to time for filingPer CuriamMahoning 4/26/2024 4/29/2024 2024-Ohio-1630
Patterson v. D'Apolito 24 MA 0021mandamus; Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted; peremptory writ of mandamus; R.C. 2731.04 procedural requirements; failure to caption her petition in the name of the state on the relation of the person applying; scope of authority under R.C. 2731.03; negligence; breach of duty; constitutional violations; intentional infliction of emotional distress; breach of contract; discovery requests; statute of limitations; political subdivision immunity under R.C. Chapter 2744; summary judgment; default judgment; sui juris; fraudulent concealment; continuing violations; motion for leave to file; judicial discretion; R.C. 2731.05; adequate remedy in the ordinary course of the lawPer CuriamMahoning 4/26/2024 4/29/2024 2024-Ohio-1632
Valentine v. Stephen 23 JE 0022limited liability company members; no pro se representation by LLC members on appeal;separate entity; standing; R.C. 1925.17, small claimsHanniJefferson 4/26/2024 4/29/2024 2024-Ohio-1631
Hyden v. Anderson 23 MA 0087plaintiff sought residual diminution in value of vehicle after collision repairs were paid by defendant; recovery capped at primary measure of damages, which is fair market value immediately before injury minus the fair market value immediately after injury; post-repair value is not a substitute for pre-repair value.RobbMahoning 4/22/2024 4/25/2024 2024-Ohio-1578
Crockett Homes, Inc. v. Tracy 23 CA 0966breach of contract; unjust enrichment; summary judgment; home construction; issues of fact; conversion; self-serving affidavit; App.R. 16(A)(7); appellant’s burden.RobbCarroll 4/17/2024 4/18/2024 2024-Ohio-1464
Toronto City Schools Bd. of Edn. v. Ascent Resources Utica, L.L.C. 23 JE 0002Civ.R. 56; law-of-the-case doctrine; prevention of performance; condition precedent; failure to follow remand order; Evid.R. 801(d)(2)HanniJefferson 4/16/2024 4/16/2024 2024-Ohio-1436
Reese v. Sweeney 23 MA 0099mandamus; R.C. 2969.25 procedural inmate-filing requirements; prior-civil-actions affidavit; R.C. 2969.25(A); court cost deposit; R.C. 2969.25(C)Per CuriamMahoning 4/16/2024 4/18/2024 2024-Ohio-1466
Shadyside v. Givens 23 BE 0035vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal.RobbBelmont 4/15/2024 4/18/2024 2024-Ohio-1463
State v. Minor 23 CO 0027sex offenses against child; authentication of video of the child interview at the hospital; confrontation clause applies to only testimonial evidence generated with a primary purpose of investigation instead of medical diagnosis or treatment, but out of court statements were not precluded where child testified at trial.RobbColumbiana 4/15/2024 4/18/2024 2024-Ohio-1465
State ex rel. Ruble v. Switzerland of Ohio Local School Dist. Bd. of Edn. 22 MO 0003Original action; writ of mandamus; summary judgment; R.C. 3319.171; R.C. 3319.17; school administrative personnel suspension policy; suspension procedures; right of restoration.Per CuriamMonroe 4/11/2024 4/22/2024 2024-Ohio-1542
Kaine v. Kaine 23 JE 0008Civ.R. 60(A) is not a proper mechanism to challenge an alleged clerical error within an appellate Opinion, entry, or order.Per CuriamJefferson 4/5/2024 4/24/2024 2024-Ohio-1573
Shadyside v. Givens 23 BE 0036vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal.RobbBelmont 4/3/2024 4/5/2024 2024-Ohio-1299
Stiles v. Bugno 23 MA 0039breach of oral agreement; statute of frauds; “not to be performed within one year”; compliance with local rules; prejudice.RobbMahoning 3/28/2024 4/3/2024 2024-Ohio-1262
State v. Wilson 23 MO 0012guilty plea to two counts of murder; trial court complied with Crim.R. 11(C)(2) in advising Appellant; plea entered knowingly, voluntarily, intelligentlyHanniMonroe 3/28/2024 3/29/2024 2024-Ohio-1193
State v. Orrell 23 CO 0028Evid. R. 404(B), other acts evidence; exceptions to admission of other acts evidence; no contest plea; motion in limine on appeal; functional equivalent; drug possession, R.C. 2925.11(A); constructive possessionHanniColumbiana 3/28/2024 3/29/2024 2024-Ohio-1194
State v. Brady 23 JE 0003child endangering verdict after jury trial; sufficiency and weight of the evidence.RobbJefferson 3/27/2024 3/28/2024 2024-Ohio-1169
State v. Barnette 23 MA 0089R.C. 149.43(B); public record request; burden on applicant to show “justiciable claim;” Application for DNA testing; considering only evidence from the trial is error; Appellant had burden to show there was no prior definitive DNA test; R.C. 2953.71(U); trial court was required to reject the application; R.C. 2953.74(A).RobbMahoning 3/27/2024 3/28/2024 2024-Ohio-1172
State v. Kennedy 23 MA 0050denying reclassification motion filed in 1988 criminal case regarding his sexual predator label where appellant argues his classification and registration requirements were the result of a 2010 judgment issued in a civil action he filed wherein the court mistakenly reinstated a non-existent label; essentially asking criminal court to modify civil court’s judgment.RobbMahoning 3/27/2024 3/28/2024 2024-Ohio-1170
State v. Chappell 23 MA 0068Concealed Carry; R.C. 2923.13 (A)(2); having weapons while under disability; R.C. 2923.12 (A)(2), (F)(1); duress; felony sentence review.WaiteMahoning 3/27/2024 4/22/2024 2024-Ohio-1541
State ex rel. Harris v. Bobby 23 MA 0060original action; mandamus; public records request; inmate filing requirements; R.C. 2969.25(A); affidavit of prior actions and appealsPer CuriamMahoning 3/27/2024 3/28/2024 2024-Ohio-1171
State v. Hill 22 MA 0072Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Ohio law does not guarantee a jury that mirrors the community; race neutral reason where jury commission office assigns potential jurors without knowledge of race; Evid.R. 404(B); prior bad acts evidence permitted where defense claims accident; manifest weight of the evidence; witness credibility; circumstantial evidence; State v. Hacker, -- Ohio St.3d --, 2023-Ohio-2535, -- N.E.3d --.WaiteMahoning 3/27/2024 4/22/2024 2024-Ohio-1543
Stare v. Grange Indemn. Ins. Co. 23 MA 0027RECONSIDERATION – App.R. 26(A); the record establishes this court did not apply an incorrect standard, did not make findings outside the record, and did not unduly punish the Stares by affirming the trial court’s judgment; upon consideration of the App.R. 26(A) application, the Stares have 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 3/22/2024 3/25/2024 2024-Ohio-1097
State v. West 23 MA 0098Post-conviction application for DNA testing, R.C. 2953.73; eligible offender; R.C. 2953.74; outcome determinative, R.C. 2953.71; abuse of discretionHanniMahoning 3/22/2024 3/25/2024 2024-Ohio-1103
Jarvis v. Pompos 23 MA 0084default judgment on money due on promissory note; trial court had both subject matter jurisdiction and personal jurisdiction; Appellant failed to meet test set out in GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976), for relief from judgment; misspelling of fist name in complaint was invited errorHanniMahoning 3/22/2024 3/25/2024 2024-Ohio-1102
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