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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
Dismukes v. Ashtabula Cty. Children Servs. Bd.
| 2023-A-0042 | CIVIL - malicious prosecution; negligence; invasion of privacy; loss of consortium; infliction of emotional distress; violations of the administrative code; failure to state a claim; Civ.R. 12(B)(6); absolute quasi-judicial immunity; political subdivision immunity; R.C. 2744.02(A)(1); political subdivision employee immunity; R.C. 2744.03(A)(6); scope of employment; malicious purpose, bad faith, wanton or reckless manner; notice pleading | Lynch | Ashtabula |
3/25/2024
|
3/25/2024
| 2024-Ohio-1111 |
State v. Strull
| 2023-A-0044, 2023-A-0047, 2023-A-0048 | CRIMINAL LAW - operating a vehicle under the influence; defendant has a due process right to testify in his defense; reversible error; harmless error; Crim.R. 52(B); reopen proceedings; abuse of discretion. | Patton | Ashtabula |
3/25/2024
|
3/25/2024
| 2024-Ohio-1118 |
Conneaut v. Fromknecht
| 2023-A-0051 | CRIMINAL LAW - suspended sentence subject to community control; community control revocation; no contact order; R.C. 2953.08 inapplicable to misdemeanor sentencing; R.C. 2929.21; R.C. 2929.22; R.C. 2929.41; R.C. 2929.14(C)(4) findings not required to impose consecutive misdemeanor sentence; R.C. 2929.22(B) factors to be considered when sentence is imposed; presumption court considered R.C. 2929.22(B) factors. | Lucci | Ashtabula |
3/25/2024
|
3/25/2024
| 2024-Ohio-1119 |
Gantous v. Basing
| 2023-G-0029 | DIVORCE - division of property; equitable; spouse's debt; separate obligation; in-kind distribution of retirement assets; most benefit to the parties. | Trapp | Geauga |
3/25/2024
|
3/25/2024
| 2024-Ohio-1112 |
Geauga Cty. Bd. of Health v. Echols
| 2024-G-0008 | APPELLATE REVIEW – motion to remove magistrate; R.C. 2505.02(B); special proceeding; no substantial right affected; no final, appealable order; appeal dismissed. | Patton | Geauga |
3/25/2024
|
3/25/2024
| 2024-Ohio-1117 |
Butorac v. Osmic
| 2023-L-067 | CIVIL LAW - motion to dismiss; Civ.R. 12(B); proper service; abuse of discretion; active participation; collateral estoppel; de novo; final order not required; summary judgment; Civ.R.56(C); fraudulent transfer; quit claim deed; without consideration; R.C. 1336.04; R.C. 1336.05. | Patton | Lake |
3/25/2024
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3/25/2024
| 2024-Ohio-1120 |
Behrens v. Behrens
| 2023-L-081 | DOMESTIC RELATIONS - App.R. 16; record references; interlocutory orders merge into final order; magistrate’s decision; extension to file objections; abuse of discretion; Civ.R. 53(D)(5); good cause; excusable neglect; Civ.R. 6; newly retained counsel; Civ.R. 53(D)(3)(a)(ii); plain error; Civ.R. 53(D)(4)(c). | Lucci | Lake |
3/25/2024
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3/25/2024
| 2024-Ohio-1121 |
State v. Lucien
| 2023-P-0076 | CRIMINAL - postconviction relief; R.C. 2953.21; hearing on petition; ineffective assistance of counsel; Rule 11 colloquy; valid plea; false promises; actual innocence; withdrawal of plea | Lynch | Portage |
3/25/2024
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3/25/2024
| 2024-Ohio-1113 |
State v. Malorni
| 2023-P-0050 | CRIMINAL LAW - guilty plea; knowing, intelligent, and voluntary nature of plea; de novo review; totality of the circumstances; Crim.R. 11 does not require trial court to advise defendant about the potential for judicial release; plea invalid where court provides inaccurate information regarding judicial release on which the defendant relies in entering a plea; eligibility to file judicial release contingent on length of aggregate sentence imposed; R.C. 2929.20; dialogue between court and defendant is the focus of review of knowing, voluntary, and intelligent nature of plea. | Lucci | Portage |
3/25/2024
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3/25/2024
| 2024-Ohio-1122 |
Edwards v. Wilcox
| 2023-P-0059 | CIVIL - partition; election to purchase property at appraised value; equity; stay of sheriff's sale; motion to stay pending appeal; moot; satisfaction of judgment; R.C. 2329.45 inapplicable to partition actions. | Lucci | Portage |
3/25/2024
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3/25/2024
| 2024-Ohio-1123 |
Glenn v. Trumbull Cty. Commrs.
| 2023-T-0067 | CIVIL - summary judgment; age and ancestry discrimination; doctrine of res judicata, claim preclusion; alternative theory, moot. | Trapp | Trumbull |
3/25/2024
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3/25/2024
| 2024-Ohio-1114 |
State v. Vickers
| 2023-T-0073 | CRIMINAL - Unlawful Sexual Conduct with a Minor; consecutive sentences; course of conduct; harm to the victim; R.C. 2929.14(C)(4); R.C. 2929.12; recidivism factors | Lynch | Trumbull |
3/25/2024
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3/25/2024
| 2024-Ohio-1115 |
State ex rel. Tenney v. Rice
| 2024-T-0015 | ORIGINAL ACTION - procedendo; affidavit of prior civil actions; R.C. 2969.25(A) | Per Curiam | Trumbull |
3/25/2024
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3/25/2024
| 2024-Ohio-1116 |
State v. Jones
| 2023-T0054, 2023-T-0055 | CRIMINAL LAW - Crim.R. 32.1; motion to withdraw guilty plea; post-sentencing; competency evaluation; abuse of discretion; competent, credible evidence. | Patton | Trumbull |
3/25/2024
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3/25/2024
| 2024-Ohio-1124 |
State v. Amero
| 2020-P-0029 | CRIMINAL LAW - sentencing; R.C. 2953.08(G)(2), appellate review, R.C. 2929.12 factors; consecutive sentences, deferential review, record contains evidence that supports trial court's findings. | Trapp | Portage |
3/18/2024
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3/18/2024
| 2024-Ohio-1007 |
Giles v. State
| 2023-P-0091 | EXTRAORDINARY WRITS - petition for writ of habeas corpus; R.C. 2725.01; motion to dismiss; moot; bond reinstated; released from confinement. | Per Curiam | Portage |
3/18/2024
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3/18/2024
| 2024-Ohio-1011 |
Giles v. State
| 2023-P-0092 | EXTRAORDINARY WRITS - petition for writ of prohibition; motion to dismiss; failure to state a claim upon which relief can be granted; statutory authority; intervention in lieu of conviction; R.C.2951.041; stay of proceedings; court-ordered intervention plan; successful completion of plan results in dismissal of charges; violation of plan may result in imposition of sentence. | Per Curiam | Portage |
3/18/2024
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3/18/2024
| 2024-Ohio-1012 |
In re R.N.W.
| 2023-L-115 | APPELLATE REVIEW - App.R. 4(A); thirty-day rule; Civ.R. 58(B); untimely appeal. | Eklund | Lake |
3/18/2024
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3/18/2024
| 2024-Ohio-1009 |
State v. Anderson
| 2023-A-0046 | CRIMINAL - R.C. 2907.05(A)(4)(C)(2); Gross Sexual Imposition; Disseminating Materials Harmful to Juveniles; R.C. 2907.31(A)(3)(F); manifest weight of the evidence; insufficient evidence; sexual contact; sexual arousal or gratification; the jury, as factfinder, was free to believe or disbelieve witness testimony and determine credibility; R.C. 2901.22(C); recklessly; R.C. 2907.01(E); harmful to juveniles; prurient interest. | Eklund | Ashtabula |
3/18/2024
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3/18/2024
| 2024-Ohio-1006 |
State v. Jones
| 2022-A-0022 | CRIMINAL LAW - felony sentencing; Anders; gross sexual imposition; two counts; plea of guilty; under 13 years of age; consecutive sentences; R.C. 2953.08(G)(2); maximum sentences; supported by the record; Jones; not contrary to law; reconsidered Gwynne decision; reinstated consecutive sentencing review that existed prior to December 2022; requisite findings made. | Lucci | Ashtabula |
3/18/2024
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3/18/2024
| 2024-Ohio-1010 |
State v. Cunningham
| 2023-A-0039 | CRIMINAL - Aggravated Assault; R.C. 2903.12(A)(1); failure to file Crim.R. 12.2 Notice of Self-Defense; ineffective assistance of counsel; it is reasonable trial strategy to not pursue self-defense claim where evidence is conflicting and where trial counsel argues for a lesser included offense of Aggravated Assault. | Eklund | Ashtabula |
3/11/2024
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3/11/2024
| 2024-Ohio-888 |
Bainbridge Twp. Zoning Inspector v. Chagrin Valley Learning Collective Co-op
| 2023-G-0033, 2023-G-0034, 2023-G-0035 | APPELLATE REVIEW - conclusion of part of a consolidated action; final appealable order; Civ.R. 54(B) certification. | Trapp | Geauga |
3/11/2024
|
3/18/2024
| 2024-Ohio-1008 |
State v. Huffman
| 2023-L-057 | CRIMINAL - Sexual imposition; R.C. 2907.06(A)(1); motion to dismiss; the state's failure to preserve materially exculpatory evidence is a violation of a defendant's due process rights; evidence is not materially exculpatory if it is merely potentially useful to the defense; bad faith; Crim.R. 16; motion for sanctions for the spoliation of evidence; manifest weight of the evidence; Crim.R. 29(A) judgment of acquittal; sexual contact; sexual contact must be for the purpose of sexual arousal or gratification; jury instructions; R.C. 2901.22(A); purposely. | Eklund | Lake |
3/11/2024
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3/11/2024
| 2024-Ohio-889 |
Voyage Capital Properties, L.L.C. v. Voyage Capital Properties III, L.L.C.
| 2023-L-094 | CIVIL - Declaratory judgment; summary judgment; to obtain a declaratory judgment, there must be an actual or justiciable controversy; justiciability requires the danger or dilemma of the plaintiff to be present and not contingent on the happening of hypothetical future events; speedy relief. | Eklund | Lake |
3/11/2024
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3/11/2024
| 2024-Ohio-890 |
Mentor v. Jarc
| 2023-L-085, 2023-L-086 | CRIMINAL LAW - theft; R.C. 2913.02(A)(1); criminal damaging; R.C. 2909.06; Crim.R. 29; motion for acquittal; sufficiency of the evidence; manifest weight of the evidence; sufficient evidence to support convictions; convictions consistent with the manifest weight of the evidence. | Patton | Lake |
3/11/2024
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3/11/2024
| 2024-Ohio-891 |
State v. Wynn
| 2023-L-045 | CRIMINAL - Having Weapons While Under Disability; R.C. 2923.13(A)(2); manifest weight of the evidence, sufficiency of the evidence; firearm specification; R.C. 2941.145; a firearm specification is an enhancement to the underlying charge; R.C. 2901.05; self-defense; committing Having Weapons While Under Disability does not involve the use of force. | Eklund | Lake |
3/11/2024
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3/11/2024
| 2024-Ohio-901 |
Ravenna Twp. Bd. of Trustees v. Ravenna
| 2023-P-0042 | CIVIL LAW - summary judgment; Civ.R. 56; union cemetery pursuant to R.C. 759.27; R.C. 759.39; de novo standard of review; trial court failed to consider application of contract principles. | Patton | Portage |
3/11/2024
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3/11/2024
| 2024-Ohio-892 |
State v. Stokel
| 2023-P-0065 | CRIMINAL LAW - community control sanctions; revocation; consecutive prison terms; R.C. 2953.08(G); contrary to law; R.C. 2929.14; suspended sentence improper. | Patton | Portage |
3/11/2024
|
3/11/2024
| 2024-Ohio-893 |
State ex rel. Ames v. Portage Cty. Solid Waste Mgt. Dist. Bd. of Commrs.
| 2023-P-0083 | CIVIL - Ohio's Open Meetings Act; minutes do not reflect location of meeting or members present; executive session; discussed matters not statutorily authorized; exhibits; sworn statements; no seal; not specified under Civ.R. 56(C); appointment and employment; not a special meeting; advance notice; identify purpose; employment enveloped scope of discussions during executive session. | Lucci | Portage |
3/11/2024
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3/11/2024
| 2024-Ohio-894 |
In re N.B.
| 2023-T-0045 | JUVENILE - transfer of jurisdiction; custody matters; Massachusetts, R.C. 3127.21; UCCJEA; inconvenient forum; abuse of discretion; magistrate decision. | Patton | Trumbull |
3/11/2024
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3/11/2024
| 2024-Ohio-896 |
State v. Jones
| 2023-T-0047 | CRIMINAL LAW - Crim.R. 32.1; motion to withdraw guilty plea; post-sentencing; competency evaluation; abuse of discretion; competent, credible evidence. | Patton | Trumbull |
3/11/2024
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3/11/2024
| 2024-Ohio-898 |
State v. Lacamera
| 2023-T-0049 | CRIMINAL LAW - gross sexual imposition; rape of child under 13 years of age; eight counts of felony-one rape; sufficiency of the evidence; manifest weight of the evidence; delayed reporting; physical evidence not conclusive; victim did not behave as though she feared appellant; filial duties; force requirement not as high; authority; sexual conduct; weight of evidence supports conviction; conviction supported by sufficient evidence. | Lucci | Trumbull |
3/11/2024
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3/11/2024
| 2024-Ohio-899 |
Pizzulo v. Flask
| 2023-T-0104 | EXTRAORDINARY WRIT - Petition for writ of mandamus; referendum petition; Civ.R. 12(B)(6); motion to dismiss; board of elections; city auditor; R.C. 731.29; petition for writ of mandamus did not state claim for relief because relator did not allege he had submitted a change of address form with Board of Elections prior to his signature being invalidated; relator did not have standing to bring action on behalf of other invalidated signatories to referendum petition. | Eklund | Trumbull |
3/4/2024
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3/4/2024
| 2024-Ohio-778 |
King v. Newton Falls
| 2023-T-0074 | SUMMARY JUDGMENT - ordinance, took effect in due time, even if lacked true emergency status, failed to challenge; ordinance, void, impaired obligation of employment contract; severance clause valid; vague assertion violated public policy; no genuine issues of material fact, appellee entitled to summary judgment as a matter of law. | Trapp | Trumbull |
3/4/2024
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3/4/2024
| 2024-Ohio-782 |
Olentangy Preparatory Academy v. Howland Twp. Local School Dist.
| 2023-T-0075 | CIVIL - declaratory judgment; injunctive relief; summary judgment; R.C. 3313.411; unused school facility; community school located within the territory of the district; R.C. Chapter 3314; charter contract. | Trapp | Trumbull |
3/4/2024
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3/4/2024
| 2024-Ohio-783 |
State v. Nitso
| 2023-T-0025 | CRIMINAL LAW- jury instructions; polygraph results; plain error analysis; ineffective assistance of counsel; manifest weight of the evidence; R.C. 2907.05; R.C. 2907.02; R.C. 2907.21; sufficiency of evidence. | Patton | Trumbull |
3/4/2024
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3/4/2024
| 2024-Ohio-790 |
Day v. Derry
| 2023-T-0033 | CIVIL - settlement agreement; judgment granting writ of restitution; possession of real property; voluntary surrender of real property; failure to obtain a stay of execution. | Lucci | Trumbull |
3/4/2024
|
3/4/2024
| 2024-Ohio-791 |
State v. Brown
| 2023-T-0064 | CRIMINAL LAW - motion for leave to file a motion for new trial; convicted; murder; 1995; newly discovered evidence; allegedly unavoidably prevented; not equivalent to unaware; jurors' affidavits; R.C. 2945.33; alleged misconduct; no presumption of prejudice; could have obtained; clear and convincing evidence; communication was purportedly equivalent to Allen charge; no error. | Lucci | Trumbull |
3/4/2024
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3/4/2024
| 2024-Ohio-792 |
State v. Foster
| 2023-T-0066 | CRIMINAL LAW - plea of guilty; felony of the first degree; possession of cocaine; plain error; judge who accepted plea did not pronounce sentence; by assignment; assignment expired; duly elected judge entered sentence; judicial notice; sentence; not contrary to law. | Lucci | Trumbull |
3/4/2024
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3/4/2024
| 2024-Ohio-793 |
Litsinger v. Rootstown Twp. Bd. of Trustees
| 2023-P-0067 | CIVIL - summary judgment; Civ.R. 56(C); contracts; consideration; promissory estoppel; misrepresentation of fact; negligence; negligent misrepresentation; statute of limitations; R.C. 2744.04(A); contribution; R.C. 2307.25(A); declaratory judgment; Ohio EPA; R.C. Chapter 6111; justiciability; injunctive relief | Lynch | Portage |
3/4/2024
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3/4/2024
| 2024-Ohio-781 |
State v. McCants
| 2023-P-0031 | CRIMINAL LAW- community control sanctions; revocation; R.C. 2929.11; R.C. 2929.12; R.C. 2953.08(G); sentencing entry recites R.C. 2929.11 and R.C. 2929.12; trial court considered the required statutory principles and factors. | Patton | Portage |
3/4/2024
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3/4/2024
| 2024-Ohio-784 |
In re C.G.V.
| 2023-P-0085, 2023-P-0086 | JUVENILE - termination of parental rights; R.C. 2151.414; best interest of the child; sufficient, credible evidence; consistent with manifest weight of the evidence | Patton | Portage |
3/4/2024
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3/4/2024
| 2024-Ohio-789 |
State v. Zendarski-Metcalf
| 2023-L-078 | CRIMINAL - motion to withdraw guilty plea; postsentence motion; coercion; threatened with maximum sentence; appropriate to advise client of consequences; prejudice; favorable outcome; abuse of discretion; evidentiary hearing; manifest injustice; ineffective assistance of counsel | Lynch | Lake |
3/4/2024
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3/4/2024
| 2024-Ohio-780 |
State v. Williams
| 2023-G-0020 | CRIMINAL LAW- intervention in lieu of conviction; ILC; restitution; R.C. 2505.02; not a final appealable order. | Patton | Geauga |
3/4/2024
|
3/4/2024
| 2024-Ohio-788 |
State v. Csehi
| 2023-A-0040 | CRIMINAL - murder; R.C. 2903.02(A); self-defense; R.C. 2901.05(B)(1); weight of the evidence; imminent danger of death or great bodily harm; bona fide belief; Batson challenge; peremptory challenge | Lynch | Ashtabula |
3/4/2024
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3/4/2024
| 2024-Ohio-779 |
In re Z.C.
| 2022-A-0014 | JUVENILE LAW - Termination of parental rights; best interest of child; appellate standard of review; importance of maintaining sibling relationships; guardian ad litem does not recommend permanent placement; affirmed. | Patton | Ashtabula |
3/4/2024
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3/4/2024
| 2024-Ohio-785 |
Hahn v. Farmakis-King
| 2023-A-0015 | CIVIL - complaint for in rem foreclosure; married couple; separate assets; promissory note made by husband to wife for $100,000; note included confession of judgment provision; domiciliaries and residents of Pennsylvania; contract entered in Pennsylvania; funds located in Pennsylvania; Pennsylvania law governs; mortgage; secured promissory note; real property located in Ohio; Ohio court has subject matter jurisdiction over foreclosure actions relating to real property in a respective county; Ohio lacks jurisdiction to enforce promissory note entered in Pennsylvania; no error in denying motion for summary judgment. | Lucci | Ashtabula |
3/4/2024
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3/4/2024
| 2024-Ohio-786 |
State v. Foti
| 2023-L-074 | CRIMINAL LAW - aggravated trafficking in drugs; aggravated possession of drugs; sufficiency of the evidence; confidential informant; corroboration of testimony; constructive possession; circumstantial evidence; manifest weight of the evidence; witness credibility. | Trapp | Lake |
2/26/2024
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2/26/2024
| 2024-Ohio-699 |
Willowick Bldg. Dept. v. Shoregate Towers NS, L.L.C.
| 2023-L-079 | CRIMINAL LAW - property code violations; misdemeanors; personal jurisdiction; named defendant; limited liability company; void judgment. | Trapp | Lake |
2/26/2024
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2/26/2024
| 2024-Ohio-700 |
State v. Wolfe
| 2023-P-0017 | CRIMINAL LAW - theft; other acts evidence, intent, absence of mistake, highly probative, failed to demonstrate prejudiced the jury, invited error; manifest weight, jury was free to believe state's version of events, credibility of witnesses. | Trapp | Portage |
2/26/2024
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2/26/2024
| 2024-Ohio-701 |
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