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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Petty 15AP-950This court affirmed appellant's convictions of rape and importuning but remanded for resentencing because the trial court failed to make the requisite findings under R.C. 2929.14(C) at the sentencing hearing.BrownFranklin 3/23/2017 3/23/2017 2017-Ohio-1062
State ex rel. Shetler v. Indus. Comm. 16AP-119The magistrate did not err in determining that the record contains some evidence supporting the Industrial Commission's decision to deny relator's application for permanent total disability compensation. Objection overruled; writ denied.Luper SchusterFranklin 3/23/2017 3/23/2017 2017-Ohio-1063
McCualsky v. Appalachian Behavioral Healthcare 16AP-442Because appellants' motion for reconsideration of a final order of the Court of Claims was a nullity, the Court of Claims' entry denying reconsideration was also a nullity and not subject to appeal. Appeal dismissed for lack of a final, appealable order.SadlerFranklin 3/23/2017 3/23/2017 2017-Ohio-1064
Foy v. Ohio Dept. of Rehab. & Corr. 16AP-723 & 16AP-724Court of Claims did not err in construing inmate's claim against DRC as a medical claim where the inmate alleged that his eyesight was worsening due to the negligence of a DRC physician in failing to approve a consultation with a corneal specialist. The Court of Claims granted summary judgment in favor of DRC because the inmate did not produce expert testimony to rebut the affidavit of a DRC physician who opined that the inmate's bilateral corneal opacity was not the cause of his diminishing eyesight and that a consultation was not medically necessary. It was not an abuse of discretion for the Court of Claims to allow DRC to withdraw admissions arising out of its failure to timely respond to a request for admissions. Judgment affirmed.SadlerFranklin 3/23/2017 3/23/2017 2017-Ohio-1065
State ex rel. Klein v. Precision Excavating & Grading Co. 15AP-908Limited writ of mandamus granted. Upon remand, the commission shall determine whether relator was able to return to his former position of employment on the date it was determined he had voluntarily abandoned his former position of employment. Objections to the magistrate's decision overruled.DorrianFranklin 3/21/2017 3/21/2017 2017-Ohio-1020
Tedla v. Al-Shamrookh 15AP-1094The trial court erred when it failed to make a clear award of damages.BrownFranklin 3/21/2017 3/21/2017 2017-Ohio-1021
Woods v. Ohio Dept. of Rehab. & Corr. 16AP-81The Court of Claims' decision was not a final appealable order.BrownFranklin 3/21/2017 3/21/2017 2017-Ohio-1022
State ex rel. Bales v. Indus. Comm. 15AP-418Magistrate's Decision adopted. The magistrate properly stated the pertinent facts and applied the appropriate law to find that relator had not demonstrated the Industrial Commission had abused its discretion in denying her application for permanent total disability benefits. Writ of mandamus denied.BrunnerFranklin 3/16/2017 3/16/2017 2017-Ohio-947
Huff v. Ohio State Racing Comm. 15AP-586On reconsideration, we determined that appellant did not violate Ohio Adm.Code 3769-18-03(A), but still found a violation of Ohio Adm.Code 3769-18-02(A).BrownFranklin 3/16/2017 3/16/2017 2017-Ohio-948
State v. Murray 16AP-16The trial court did not abuse its discretion in making its evidentiary rulings, the sufficiency and manifest weight of the evidence support Murray's convictions, and Murray did not receive the ineffective assistance of counsel.Luper SchusterFranklin 3/16/2017 3/16/2017 2017-Ohio-949