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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Albany v. Butler 17AP-277Environmental Review Appeals Commission did not err by granting motion to dismiss appeal for lack of standing where appellant failed to establish that it would suffer injury in fact from issuance of permit-to-install on-site sewage treatment system.DorrianFranklin 2/22/2018 2/22/2018 2018-Ohio-660
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank 17AP-355In a case involving municipal revenue bonds for low income housing, the trial court did not err when it granted summary judgment in favor of the trustee bank as to bondholders' claims for breach of fiduciary duty and breach of trust. Bondholders' claims accrued when, from all the facts and circumstances known to the bondholders, the bondholders either knew or should have known of the breach of trust, not when the trust terminated. The statute of limitations barred the bondholders' claims against the trustee for breach of fiduciary duty and breach of trust because the bondholders did not file the complaint within four years of the date when the bondholders knew or should have known of the breach of trust. Judgment affirmed.SadlerFranklin 2/22/2018 2/22/2018 2018-Ohio-661
AM & JV, L.L.C. v. MyFlori, L.L.C. 16AP-713Trial court did not err by overruling objections to magistrate's decision denying appellants' motion for a new trial, or, in the alternative, motions for additur and remittitur.DorrianFranklin 2/15/2018 2/15/2018 2018-Ohio-600
State v. Fudge 16AP-821Any error in excluding evidence under Evid.R. 403 was harmless in light of overwhelming evidence of appellant's guilt.BrownFranklin 2/15/2018 2/15/2018 2018-Ohio-601
State v. Oliver 17AP-195Trial court did not err when it denied appellant's request for a continuance to hire private counsel.BrownFranklin 2/15/2018 2/15/2018 2018-Ohio-602
Woods v. Dept. of Rehab. & Corr. 17AP-630The trial court did not abuse its discretion in adopting the magistrate's decision where Woods did not support his objections to the magistrate's decision with a transcript or a properly filed affidavit of evidence under Civ.R. 53(D)(3)(b)(iii).Luper SchusterFranklin 2/15/2018 2/15/2018 2018-Ohio-603
State v. D.H. 16AP-501Judgment affirmed in part, reversed in part, case remanded for resentencing. Jury instructions did not rise to the level of plain error. The evidence was insufficient to sustain appellant's conviction for rape by vaginal intercourse, as the state failed to prove that the conduct occurred prior to the August 3, 2006 amendment to R.C. 2907.01(A), and the evidence failed to demonstrate that appellant inserted his penis into the victim's vaginal opening. Appellant's rape conviction was modified to a conviction for gross sexual imposition in violation of R.C. 2907.05(A)(4). Appellant failed to demonstrate that he was deprived of the effective assistance of counsel. The trial court did not abuse its discretion in denying appellant's motion for a mistrial.BrownFranklin 2/13/2018 2/13/2018 2018-Ohio-559
State v. El-Amin 17AP-439, 17AP-440, 17AP-441Jail-time credit for multiple cases in which an offender was simultaneously jailed pretrial on two sentences was properly applied just once to a defendant's aggregate consecutive sentence in fulfilling constitutional requirements for equal protection under the law.BrunnerFranklin 2/13/2018 2/13/2018 2018-Ohio-560
Hasberry v. Mills 17AP-518Litigant who failed to object to magistrate's decision, failed to obtain a transcript, and filed a brief that did not in any way conform to requirements for form and content for a brief does not prevail in an appeal.BrunnerFranklin 2/13/2018 2/13/2018 2018-Ohio-561
State v. Jones 17AP-759Inmate who has already pursued a direct appeal of his sentence cannot prevail on a petition for postconviction relief on the same issues.TyackFranklin 2/13/2018 2/13/2018 2018-Ohio-562