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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Ervin CA2016-04-079The trial court lacked authority to impose community control sanctions consecutive to a prison term, following the en banc decision of Eighth District Court of Appeals in State v. Anderson, 8th Dist. Cuyahoga No. 102427, 2016-Ohio-7044.RinglandButler 4/24/2017 4/24/2017 2017-Ohio-1491
In re J.F. CA2016-08-174Appellate court was precluded from reviewing the issues raised on appeal by mother where mother did not file objections regarding the effective date of the child's support order or her request to be reimbursed for the uncovered birth and medical expenses incurred for the benefit of the child, and where mother failed to provide appellate court with a transcript of hearings. M. PowellButler 4/24/2017 4/24/2017 2017-Ohio-1492
State v. Neal CA2016-06-033Appellant's conviction for gross sexual imposition and sexual imposition was affirmed, as the evidence was supported by the manifest weight of the evidence, the evidence presented to the jury was permissible under the evidence rules, and there was no prosecutorial misconduct during closing arguments.RinglandClermont 4/24/2017 4/24/2017 2017-Ohio-1493
State v. Skeene CA2016-07-049 & CA2016-07-050Trial court did not err in sentencing defendant to seven years on a robbery conviction where the court made the required findings and the sentence was within the statutory range and sentence was not inconsistent with co-defendant who drove get-away vehicle.RinglandClermont 4/24/2017 4/24/2017 2017-Ohio-1494
McKenzie v. Meijer, Inc. CA2016-09-061The common pleas court lacked jurisdiction under R.C. 4123.512(A) where the denial of chiropractic services was an extent-of-injury decision, rather than a decision to terminate appellant's participation in the workers' compensation system, and was thus not appealable to the common pleas court.PiperClermont 4/24/2017 4/24/2017 2017-Ohio-1495
State v. Taveras CA2016-06-054Trial court did not abuse its discretion in denying appellant's motion to withdraw his guilty plea where appellant could not demonstrate he was prejudiced by defense counsel's failure to advise of potential adverse immigration consequences resulting from his guilty plea. Here, the trial court's statutory advisement under R.C. 2943.031(A) about the possibly adverse immigration consequences appellant faced as a result of his guilty plea matched the level of advisement defense counsel was obligated to provide pursuant to Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473 (2010), appellant benefited from the plea bargain, there was not a likelihood of a favorable outcome had appellant proceeded to trial, and appellant's motion was not expeditiously filed.HendricksonWarren 4/24/2017 4/24/2017 2017-Ohio-1496
State v. B.C.M. CA2016-07-059 & CA2016-07-062Juvenile adjudication as a delinquent child for rape supported by sufficient evidence and the manifest weight of the evidence. Victim could not recall statements made to a social worker in an interview describing the abuse and the state was properly permitted to refresh the recollection by showing her a video of the interview. Juvenile had no constitutional right to a speedy trial in delinquency proceedings and could not demonstrate prejudice. Court did not err in declining to review the admissibility of a video as an exception to hearsay where the court determined it would not helpful in rendering a decision.RinglandWarren 4/24/2017 4/24/2017 2017-Ohio-1497
Sorrell v. Micomonaco CA2016-07-060Trial court did not err in finding that the doctrine of lis pendens applied to a third party's acquisition of real property where the third party acquired the property after the plaintiff-original buyer filed a specific performance lawsuit against the defendant-prior owner in a breach of contract action.M. PowellWarren 4/24/2017 4/24/2017 2017-Ohio-1498
Embassy Healthcare v. Bell CA2016-08-072Nursing home sued widow of deceased former nursing home resident for unpaid nursing services. Court granted widow's summary judgment motion finding that nursing home's failure to pursue a timely claim against resident's estate under R.C. 2117.06 precluded it from suing the widow under Ohio's necessaries statute, R.C. 3103.03. Court's decision reversed where it was found that necessaries statute set forth an independent cause of action that was not within the purview of the estate claim presentation statute and the widow failed to support her summary judgment motion with evidence clearly showing the absence of a genuine issue of fact. HendricksonWarren 4/24/2017 4/24/2017 2017-Ohio-1499
Settlers Walk Home Owners Assn. v. Phoenix Settlers Walk, Inc. CA2016-09-082Trial court erred in concluding it did not have jurisdiction following this court's 2015 decision reversing judgment in favor of appellee, as the absence of the word "remand" in the 2015 decision was a technical mistake that could be corrected by an order of errata and omission of the word indicated nothing with respect to the trial court's jurisdiction.HendricksonWarren 4/24/2017 4/24/2017 2017-Ohio-1500