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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Butcher 2016-P-0062CRIMINAL LAW - Pretrial identification; photo array; facial tatoo; not unduly suggestive; Crim.R. 12(F); no statement of factual findings on suppression motion; sufficient basis to uphold decision; manifest weight of the evidence; corrupting another with drugs; aggravating drug trafficking; failure to appear for trial; no-contact order; invalid when defendant sentenced to prison; R.C. 2925.02(C)(1)(a); mandatory prison term; jury finding that schedule I drug, fentanyl, was involved; jury instruction only referred to fentanyl; imposition of fine; ability to pay; evidence in record showing that trial court considered issue.WrightPortage 12/10/2018 12/10/2018 2018-Ohio-4943
State v. Mahvi 2017-G-0140CRIMINAL LAW - Illegal use of food stamps; R.C. 2913.46(B); failure to disclose all assets in applying for benefits; bank accounts; real property; manifest weight; witness credibility; forensic accounting degree unnecessary; medicaid eligibility fraud; R.C. 2913.401(B); false statements as to amount of income from businesses; defendant's testimony as to source of income unbelievable.WrightGeauga 12/10/2018 12/10/2018 2018-Ohio-4944
State v. Bozek 2017-P-0028CRIMINAL LAW - sentencing; greater sentenc; no evidence of vindictiveness; merger; offenses; R.C. 2941.25; Ruff; firearm specifications; no error; previously rejected argument; law of the case.RicePortage 12/10/2018 12/10/2018 2018-Ohio-4945
State v. Ralston 2017-P-0095CRIMINAL LAW - plea of guilty; Crim.R. 11; Boykin; Veney; strictly comply; no reference to a right to jury trial; cannot rely exclusively upon outside sources; advise in a manner reasonably intelligible; failure to comply; plea invalid. RicePortage 12/10/2018 12/10/2018 2018-Ohio-4946
State v. Brown 2018-A-0034CRIMINAL LAW - resentence; consecutive sentences; R.C. 2929.14(C)(4) findings; criminal history; no single prison term adequately reflects the seriousness of the offender's conduct.CannonAshtabula 12/10/2018 12/10/2018 2018-Ohio-4947
Hamm v. Jones 2018-A-0047CIVIL - failure to pay child support obligation; contempt; failure to purge; no transcript filed; trial court is not permitted to punish appellant for conduct that occurred after the initial contempt finding without making a new contempt finding. CannonAshtabula 12/10/2018 12/10/2018 2018-Ohio-4948
Fatica Renovations, L.L.C. v. Bridge 2018-G-0150CONSTITUTIONAL LAW - Injunction barring former property owner from making public statements about present ownership; commercial speech; not protected if statement is false; prior determination by federal district court that former owner has no present interest in property; res judicata for purposes of state action for injunctive relief; privity to party in prior foreclosure case; issue pertaining to subject matter jurisdiction; res judicata still apply if issue fully litigated; merits of preliminary injunction moot once permanent injunction granted; no duty to grant injunctive relief when it was not requested; party not entitled to jury trial when summary judgment warranted.WrightGeauga 12/10/2018 12/10/2018 2018-Ohio-4949
State v. Donoho 2018-G-0151PROBATION - motion to modify; conditions of community control; change of circumstances; Ohio Revised Code Chapter 3796; controlled substances; marijuana; THC; Marinol; dronabinol; medical marijuana not yet cultivated, processed, or dispensed by licensed facilities in Ohio; no reciprocity with other states; probation violation; affirmative defense.CannonGeauga 12/10/2018 12/10/2018 2018-Ohio-4950
Colagiovanni v. Hayden 2018-L-034CIVIL - contempt; failure to allow parenting time pursuant to court order; abuse of discretion; failure to demonstrate substantial compliance; failed to establish visitation was not in the child's best interest; purge order; inability to pay.CannonLake 12/10/2018 12/10/2018 2018-Ohio-4951
Nieto v. Marcellino 2017-G-0146CIVIL - magistrate's decision; Civ.R. 53; failure to file a transcript of the magistrate's hearing; appellate review confined to whether the conclusions of law are supported by the factual findings; R.C. 5321.16(B) & (C); double damages as to amount wrongfully withheld; magistrate failed to make findings regarding whether any deductions were proper.CannonGeauga 12/10/2018 12/10/2018 2018-Ohio-4952
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