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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Jackson 2021-0452Criminal law—Search—Fourth Amendment to the United States Constitution—Motion to suppress—A search occurs only when there is an attempt to find something or to obtain information—Officer’s intent is determined through an objective inquiry—Motion to suppress correctly denied when gun was found in search that ensued after contraband was found in plain view in a car.DeWine, J.Slip Opinion No. 2022-Ohio-4365 12/8/2022 12/8/2022 2022-Ohio-4365
Bliss v. Johns Manville 2021-0800Employer intentional-tort liability—R.C. 2745.01—Summary judgment—When reviewing a trial court’s denial of summary judgment in cases in which a jury ultimately reached a verdict in the nonmoving party’s favor, an appellate court must construe the evidence before it most strongly in favor of the nonmoving party when applying the relevant law—Court of appeals’ judgment affirmed.Fischer, J.Slip Opinion No. 2022-Ohio-4366 12/8/2022 12/8/2022 2022-Ohio-4366
In re Adoption of H.P. 2022-0159Adoption law—R.C. Chapter 3107—Putative-father registry—Biological father did not take steps necessary under Ohio’s adoption statutes to preserve his right to object to child’s adoption—Court of appeals’ judgment reversed and cause remanded to court of appeals.Brunner, J.Slip Opinion No. 2022-Ohio-4369 12/8/2022 12/8/2022 2022-Ohio-4369
State v. Weaver 2021-0622Postconviction—A postconviction petitioner should be entitled to a fair and impartial fact-finder when an evidentiary hearing has been granted—When a record demonstrates bias or prejudice on the part of a fact-finder, an appellate court should reverse the trial court’s judgment—Court of appeals’ judgment reversed and cause remanded.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4371 12/8/2022 12/8/2022 2022-Ohio-4371
12/08/2022 Case Announcements  Merit decisions with opinions.   12/8/2022 12/8/2022 2022-Ohio-4377
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co. 2020-0191Eminent domain—R.C. 163.04(B)—Good-faith purchase offer—Lack of good faith in the context of eminent-domain negotiations can be shown by presenting evidence of objectively unreasonable behavior—R.C. 163.021(A)—Exercise of eminent-domain powers must be necessary and for a public use—Inquiry into whether a taking is necessary asks whether the taking is for a public use, not whether the taking is in the best interest of the public as a whole.Donnelly, J.Slip Opinion No. 2022-Ohio-4345 12/7/2022 12/7/2022 2022-Ohio-4345
State v. Brown 2021-0392Criminal law—R.C. 2913.42(A)(1)—Tampering with records—Litigation privilege—The common-law litigation privilege does not shield a person from criminal liability for tampering with records in violation of R.C. 2913.42(A)(1)—Litigation privilege applies to civil suits only for defamatory statements made during judicial proceedings that were reasonably related to those proceedings—Court of appeals’ judgment reversed and cause remanded for that court to address assignments of error not previously reached.Fischer, J.Slip Opinion No. 2022-Ohio-4347 12/7/2022 12/7/2022 2022-Ohio-4347
In re Establishing the Solar Generation Fund Rider 2021-1374Public utilities—R.C. 3706.46—Public Utilities Commission’s order authorizing solar-generation-fund rider affirmed in part and reversed in part and cause remanded for clarification.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4348 12/7/2022 12/7/2022 2022-Ohio-4348
12/07/2022 Case Announcements  Merit decisions with opinions.   12/7/2022 12/7/2022 2022-Ohio-4356
Elliot v. Durrani 2021-1352Medical malpractice—Absconded defendant—R.C. 2305.15(A)—R.C. 2305.113(C)—R.C. 2305.15(A) tolls the medical-claim statute of repose, R.C. 2305.113(C), and therefore does not bar the filing of a medical-malpractice claim against a defendant while that defendant is absconded from the state.Donnelly, J.Slip Opinion No. 2022-Ohio-4190 12/6/2022 12/6/2022 2022-Ohio-4190
State v. Bourn 2019-1298Criminal law—Preindictment delay—A defendant must provide evidence of actual prejudice to move forward on a claim of preindictment delay—Actual prejudice exists when missing evidence or unavailable testimony, identified by the defendant and relevant to the defense, would minimize or eliminate the impact of the state’s evidence and bolster the defense.Fischer, J.Slip Opinion No. 2022-Ohio-4321 12/6/2022 12/6/2022 2022-Ohio-4321
12/06/2022 Case Announcements  Merit decisions with opinions.   12/6/2022 12/6/2022 2022-Ohio-4335
12/06/2022 Case Announcements #2  Appeals not accepted for review.   12/6/2022 12/6/2022 2022-Ohio-4337
State v. Brunson 2020-1505Criminal law—Waiver of attorney-client privilege—Sixth Amendment right to confrontation—R.C. 2929.12(D)(5)—Fifth Amendment right to remain silent—Codefendant who became a state witness pursuant to proffer agreement did not voluntarily waive his attorney-client privilege when state disseminated to all parties during discovery recording of conversation between codefendant and his attorney, because codefendant and his attorney believed they were having private conversation in police-station interview room when recording was made—Codefendant’s suppression-hearing testimony did not reveal substance of privileged communications with his attorney and therefore did not constitute voluntary waiver of his attorney-client privilege—Defendant failed to establish a violation of his Sixth Amendment right to confrontation because he did not demonstrate reasonable probability that but for his inability to cross-examine codefendant using recording of attorney-client privileged communication between codefendant and his counsel, result of defendant’s trial would have been different—Trial court erred in considering defendant’s decision to waive allocution and remain silent at sentencing hearing in its evaluation of defendant’s lack of remorse under R.C. 2929.12(D)(5) when defendant pleaded not guilty to offenses with which he was charged and exercised his right to jury trial, but error did not affect sentence imposed, because defendant’s sentence would have been the same given other factors trial court considered under R.C. 2929.12(D)—Judgment affirmed.Fischer, J.Slip Opinion No. 2022-Ohio-4299 12/5/2022 12/5/2022 2022-Ohio-4299
12/05/2022 Case Announcements  Merit decisions with opinions—Miscellaneous dismissals.   12/5/2022 12/5/2022 2022-Ohio-4302
State v. Yerkey 2020-1392Marsy’s Law, Article I, Section 10a of the Ohio Constitution—Restitution—R.C. 2929.18(A)(1)—Statutory meaning of restitution was not altered or expanded by Marsy’s Law—Wages lost by crime victim as a result of victim’s voluntarily attending criminal-court proceedings do not qualify for restitution from offender, because such losses are not a direct and proximate result of the commission of the offense.Brunner, J.Slip Opinion No. 2022-Ohio-4298 12/5/2022 12/5/2022 2022-Ohio-4298
State v. Nicholas 2020-1429Juvenile procedure—R.C. 2152.12(B)—Discretionary transfer of a juvenile for prosecution in an adult court—R.C. 2152.12(B) by its terms establishes a preponderance-of-the-evidence standard for deciding a juvenile’s amenability—R.C. 2152.12(C)—Amenability hearings—Facts presented to a juvenile court with respect to a discretionary transfer must persuade the court that the juvenile is not amenable to care or rehabilitation in the juvenile system—State need not produce affirmative evidence of nonamenability—Juvenile court need not consider all potential juvenile dispositions, including a serious-youthful-offender disposition, when balancing the factors weighing in favor of and against discretionary transfer.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4276 12/2/2022 12/2/2022 2022-Ohio-4276
State v. Scott 2020-1583Criminal law—Postconviction DNA testing—R.C. 2953.74(C)(4) and (5)—R.C. 2953.74(D)—The possibility that an offender’s postconviction DNA test results could match the profile of a person other than the offender in the Combined DNA Index System database is not “available admissible evidence” that a trial court must consider under R.C. 2953.74(D) when deciding whether to grant an offender’s application for postconviction DNA testing—The trial court and the court of appeals abused their discretion in unreasonably concluding that postconviction DNA test results would not be outcome determinative, because a presumed exclusion result when viewed in the context of the circumstantial evidence of the case presents a strong probability that a reasonable factfinder would not have found the offender guilty of the offense for which he was convicted—Judgment reversed and cause remanded to the trial court to approve application for postconviction DNA testing.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4277 12/2/2022 12/2/2022 2022-Ohio-4277
12/02/2022 Case Announcements  Merit decisions with opinions—Miscellaneous dismissals.   12/2/2022 12/2/2022 2022-Ohio-4297
12/02/2022 Case Announcements #2  Motion and procedural rulings.   12/2/2022 12/2/2022 2022-Ohio-4320
State ex rel. Hicks v. Clermont Cty. Bd. of Commrs. 2021-0611Open Meetings Act—R.C. 121.22—R.C. 121.22 requires public bodies in Ohio to conduct all deliberations on official business in meetings that are open to the public—No construction of the Open Meetings Act changes the default rule that a plaintiff alleging violations of the act bears the burden of proving the violations—Court of appeals’ judgment affirming trial court’s award of summary judgment and attorney fees to plaintiff reversed, and cause remanded to the trial court.Fischer, J.Slip Opinion No. 2022-Ohio-4237 12/1/2022 12/1/2022 2022-Ohio-4237
State v. Lloyd 2021-0860Criminal law—Ineffective assistance of counsel—Deficient performance—Felony murder and felonious assault—Defense counsel’s argument identifying victim’s death as a “serious physical harm” did not reflect a misunderstanding of the law—Defense counsel’s failure to request jury instructions that defendant was not entitled to was not ineffective—Court of appeals’ judgment affirmed.DeWine, J.Slip Opinion No. 2022-Ohio-4259 12/1/2022 12/1/2022 2022-Ohio-4259
Walling v. Brenya 2021-0241Negligent credentialing—Negligent credentialing is a claim separate and independent from medical negligence, but a negligent-credentialing claim cannot proceed without either a simultaneous or a prior adjudication of or stipulation to medical negligence—Court of appeals’ judgment affirmed.Donnelly, J.Slip Opinion No. 2022-Ohio-4265 12/1/2022 12/1/2022 2022-Ohio-4265
12/01/2022 Case Announcements  Merit decisions with opinions—Motion and procedural rulings—Mediation matters.   12/1/2022 12/1/2022 2022-Ohio-4275
Maple Hts. v. Netflix, Inc. 2021-0864Civil actions—Fair Competition in Cable Operations Act—R.C. Chapter 1332.21—Director of commerce has the sole authority to grant video-service authorizations and to investigate allegations that a video-service provider is violating or failing to comply with R.C. Chapter 1332.21—R.C. Chapter 1332.21 does not imply a private right of action.Donnelly, J.Slip Opinion No. 2022-Ohio-4174 11/30/2022 11/30/2022 2022-Ohio-4174
State ex rel. Walmart, Inc. v. Hixson 2021-1479Workers’ compensation—Our decision in State ex rel. Klein v. Precision Excavating & Grading Co. applies prospectively only.Per CuriamSlip Opinion No. 2022-Ohio-4187 11/30/2022 11/30/2022 2022-Ohio-4187
State ex rel. Andrews v. Lake Cty. Court of Common Pleas 2022-0409Prohibition—Mandamus—Clerk of courts—Duties of office—Judges’ journal entry did not merely direct clerk of courts in the performance of her duties but effectively prevented the clerk from performing her duties and thus functionally removed her from her elected office—Writs of prohibition and mandamus granted and writ of quo warranto denied as moot.Per CuriamSlip Opinion No. 2022-Ohio-4189 11/30/2022 11/30/2022 2022-Ohio-4189
State v. Garrett 2019-1381Criminal law—Aggravated murder—Findings of guilt and death sentence affirmed.Fischer, J.Slip Opinion No. 2022-Ohio-4218 11/30/2022 11/30/2022 2022-Ohio-4218
Disciplinary Counsel v. Ferfolia 2022-0715Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Conditionally stayed one-year suspension.Per CuriamSlip Opinion No. 2022-Ohio-4220 11/30/2022 11/30/2022 2022-Ohio-4220
11/30/2022 Case Announcements #2  Motion and procedural rulings.   11/30/2022 11/30/2022 2022-Ohio-4258
11/30/2022 Case Announcements  Merit decisions with opinions—Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review.   11/30/2022 11/30/2022 2022-Ohio-4268
In re T.A. 2021-1018Criminal law—Juvenile law—App.R. 26(B)—A person adjudicated a juvenile delinquent may not reopen his or her direct appeal from the adjudication based on a claim of ineffective assistance of appellate counsel under App.R. 26(B)—Although App.R. 26(B) does not apply to a direct appeal from a juvenile adjudication, the appellant may avail himself or herself of the pre-rule procedures described in State v. Murnahan—Certified question answered in the negative and court of appeals’ judgment affirmed.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4173 11/29/2022 11/29/2022 2022-Ohio-4173
State v. Martin 2021-0967Juvenile court—Transfer to adult court—A juvenile court’s probable-cause determination at a mandatory-bindover hearing is not subject to manifest-weight review on appeal—Court of appeals’ judgment affirmed.DeWine, J.Slip Opinion No. 2022-Ohio-4175 11/29/2022 11/29/2022 2022-Ohio-4175
State v. Ramunas 2021-1380Certification of conflict dismissed as having been improvidently certified. Slip Opinion No. 2022-Ohio-4199 11/29/2022 11/29/2022 2022-Ohio-4199
Moore v. Mt. Carmel Health Sys. 2021-0372Court of appeals’ judgment affirmed on the authority of Clawson v. Hts. Chiropractic Physicians, L.L.C. Slip Opinion No. 2022-Ohio-4200 11/29/2022 11/29/2022 2022-Ohio-4200
11/29/2022 Case Announcements  Merit decisions without opinions—Appeals accepted for review—Appeals not accepted for review—Reconsideration of prior decisions—Disciplinary cases.   11/29/2022 11/29/2022 2022-Ohio-4201
11/29/2022 Case Announcements #2  Merit decisions with opinions—Disciplinary cases—Mediation matters.   11/29/2022 11/29/2022 2022-Ohio-4238
Disciplinary Counsel v. Repp 2021-0757On application for reinstatement.   11/29/2022 11/29/2022 2022-Ohio-4239
Disciplinary Counsel v. Rogalinski 2022-1327Attorneys at law—Reciprocal discipline from the Supreme Court of Kentucky—public reprimand—Gov.Bar R. V(11)(F)(4).   11/29/2022 11/29/2022 2022-Ohio-4240
11/29/2022 Administrative Actions  Administrative actions.   11/29/2022 11/29/2022 2022-Ohio-4254
11/28/2022 Case Announcements  Official versions released—Motion and procedural rulings—Mediation matters.   11/28/2022 11/28/2022 2022-Ohio-4188
State v. Bond 2020-0415Structural error—Public-trial violation—Defendant did not object in the trial court to courtroom closure, so a plain-error analysis applies—Defendant failed to establish that the violation rose to the level of a plain error that must be corrected.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4150 11/23/2022 11/23/2022 2022-Ohio-4150
State v. P.J.F. 2020-0700Criminal law—R.C. 2953.32—Sealing of records—When an offender’s nonresidential community control is terminated, the conditions of nonresidential community control are terminated as well and the offender receives a final discharge from the community-control sanction—Court of appeals’ judgment reversed and trial court’s judgment ordering sealing of record of conviction reinstated.Donnelly, J.Slip Opinion No. 2022-Ohio-4152 11/23/2022 11/23/2022 2022-Ohio-4152
Sinley v. Safety Controls Technology, Inc. 2020-1158Contracts—Collective-bargaining agreements—Arbitration—R.C. 2745.01—Intentional torts—To compel arbitration against a union employee, the claim at issue must have been clearly and unmistakably waived in the arbitration provisions in the collective-bargaining agreement governing the parties—To be clear and unmistakable, the claim must be included either by statute or specific cause of action in the arbitration provision of the collective-bargaining agreement—Court of appeals’ judgment affirmed.Brunner, J.Slip Opinion No. 2022-Ohio-4153 11/23/2022 11/23/2022 2022-Ohio-4153
Clawson v. Hts. Chiropractic Physicians, L.L.C. 2020-1574Civil law—Malpractice—Respondeat superior—Because plaintiff had failed to timely serve chiropractor with her refiled malpractice complaint and because the statute of limitations on her claim against the chiropractor had expired, plaintiff’s right of action against the chiropractor was extinguished by operation of law—Chiropractor’s employer could not be held vicariously liable for chiropractor’s alleged malpractice—Court of appeals’ judgment reversed and trial court’s entry of summary judgment in favor of employer reinstated.O'Connor, C.J.Slip Opinion No. 2022-Ohio-4154 11/23/2022 11/23/2022 2022-Ohio-4154
11/23/2022 Case Announcements  Merit decisions with opinions.   11/23/2022 11/23/2022 2022-Ohio-4165
Goudy v. Tuscarawas Cty. Pub. Defender 2021-0831The phrase “adversely affected” as used in R.C. 119.12(I) imposes a prejudice requirement—State Personnel Board of Review’s failure to timely certify a complete record of its proceedings to the common pleas court within 30 days of receiving notice of appeal did not adversely affect the public defender’s office—Court of appeals’ judgment reversed and cause remanded.DeWine, J.Slip Opinion No. 2022-Ohio-4121 11/22/2022 11/22/2022 2022-Ohio-4121
State ex rel. Bowling v. DeWine 2021-1062Appeal dismissed as moot. Slip Opinion No. 2022-Ohio-4122 11/22/2022 11/22/2022 2022-Ohio-4122
NASCAR Holdings, Inc. v. McClain 2021-0578Taxation—Commercial Activity Tax, R.C. 5751.01 et seq.—R.C. 5751.033(F)—Situsing—Ohio Tax Commissioner’s assessments as to company’s broadcast revenue, media revenue, licensing fees, and sponsorship fees reversed.DeWine, J.Slip Opinion No. 2022-Ohio-4131 11/22/2022 11/22/2022 2022-Ohio-4131
11/22/2022 Case Announcements  Merit decisions with opinions—Affidavits of disqualification—Motion and procedural rulings—Mediation matters.   11/22/2022 11/22/2022 2022-Ohio-4164
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