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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Wilson v. Canup
| 24CA2 | Small claims; verbal contract; meeting of the minds; substantial compliance; de novo review; factual determination-weight of the evidence; clear and convincing evidence | Wilkin | Lawrence |
7/2/2025
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7/9/2025
| 2025-Ohio-2443 |
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Patton v. Moore
| 24CA4 & 24CA5 | Habeas corpus; verified petition, commitment papers, R.C. Chapter 2725; de novo; dismiss for failure to state a claim upon which relief can be granted; Civ.R. 12(B)(6); summary judgment, Civ.R. 56; due process; R.C. 2969.25(C) | Wilkin | Pickaway |
7/1/2025
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7/9/2025
| 2025-Ohio-2435 |
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State v. DeLong
| 23CA1171 | Involuntary manslaughter, R.C. 2903.04(A); felonious assault, R.C. 2903.11(A)(2); firearm specification, R.C. 2941.145; The right to a jury selected from fair cross-section of the community, Sixth and Fourteenth Amendments; ineffective assistance of counsel, deficient representation, prejudice , presumption of competence; self-defense; accident; R.C. 2953.08(G)(2); forfeiture | Wilkin | Adams |
7/1/2025
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7/9/2025
| 2025-Ohio-2432 |
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State v. Kmosko
| 23CA4 | Menacing; Aggravated Menacing; Lesser Included Offense; Jury Instructions; Prosecutorial Misconduct; Closing Arguments; Crim.R. 31(C); Crim.R. 30 (A) | Wilkin | Athens |
7/1/2025
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7/9/2025
| 2025-Ohio-2433 |
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State v. Douglas
| 23CA21 | R.C. 2929.15(C), Domestic violence; Domestic menacing; Bodycam video; Character evidence; Other acts evidence; Other acts-drug use; Evid.R. 404(B); R.C. 2945.59; Evid.R. 403; Imminent physical harm; Victim's state of mind; Hearsay | Wilkin | Athens |
7/1/2025
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7/9/2025
| 2025-Ohio-2434 |
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Gemmell v. Evergreen Site Holdings, Inc.
| 22CA4 | jurisdiction; foreclosure; final, appealable order; R.C. 2505.02; Civ.R. 54(B); extent of each lienholder's interest; priority of the liens | Hess | Hocking |
6/25/2025
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6/27/2025
| 2025-Ohio-2258 |
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United Assn. Local 168, Apprentice Educational Fund v. Robinson
| 23CA9 | CIVIL-CIV.R. (8)-NOTICE PLEADING-AFFIRMATIVE DEFENSES-BREACH OF CONTRACT-LIQUIDATED DAMAGES-PENALTY-SUMMARY JUDGMENT - The defenses of prior material breach, unenforceable penalty, and unenforceable non-competition agreement are all defenses in the nature of confession and avoidance that are waived if not raised affirmatively under Civ.R. 8; because appellant substantially performed under the contract, the trial court erred in granting summary judgment in favor of appellee on its claim of prior material breach; the trial court further erred in characterizing the work-or-pay repayment provision of the contract as an unenforceable non-competition agreement; although the trial court correctly determined that the purported liquidated damages provision was an unenforceable penalty, it erred in granting summary judgment to appellee, and in granting appellant no damages at all. | Smith | Washington |
6/25/2025
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7/8/2025
| 2025-Ohio-2421 |
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State v. Hinton
| 24CA10 | authentication; evidence; ineffective assistance of counsel; manifest weight of the evidence; sufficiency of the evidence | Hess | Athens |
6/24/2025
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6/30/2025
| 2025-Ohio-2291 |
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State v. Coby
| 24CA4114 | subject-matter jurisdiction; void; voidable; petition for postconviction relief; R.C. 2953.21(A)(1)(a)(i); untimely; R.C. 2953.23(A) | Hess | Scioto |
6/23/2025
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6/23/2025
| 2025-Ohio-2192 |
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In re J.M.P.
| 25CA2 | JUVENILE DELINQUENCY-RAPE-GROSS SEXUAL IMPOSITION - Sufficient evidence supported the trial court's delinquency adjudications for rape and gross sexual imposition, and adjudications were not against the manifest weight of the evidence, when ample evidence established that juvenile purposely compelled the victim to submit by force; trial court did not err by classifying juvenile offender registrant; rape and gross sexual imposition offenses did not merge when evidence showed that juvenile committed distinct act of rape and distinct act of gross sexual imposition. | Smith | Athens |
6/20/2025
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7/9/2025
| 2025-Ohio-2441 |
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State v. Taylor
| 23CA14 | Rape; victim less than ten years of age; abuse of discretion; plain error; harmless error; prejudice; constitutional right to compulsory process; separation of witnesses; exclusion of witnesses; jury selection; replacing alternate juror after jury was sworn in; other acts; grooming; course of conduct; hearsay; victim’s forensic interview; jury instructions; jury instructions on unanimity of the sexual conduct; prosecutorial misconduct during closing arguments; vouching; sufficiency of the evidence; manifest weight of the evidence; Crim.R. 24(G)(1); Crim.R. 31(A); Crim.R. 52; Evid.R. 404(A)(2); Evid.R. 404(B)(1); Evid.R. 608; Evid. R. 615(A); Evid.R. 801; Evid.R. 802; Evid.R. 803(4); R.C. 2505.02(A)(1); R.C. 2907.01(A); R.C. 2907.02(A)(1)(b); R.C. 2907.02(D); R.C. 2945.29 | Wilkin | Highland |
6/18/2025
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6/26/2025
| 2025-Ohio-2250 |
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State v. Barrett
| 23CA13 | Assault; first-degree misdemeanor; jail-time sentence; abuse of discretion; overriding purposes of sentence; defendant’s aggressive behavior; physical harm; R.C. 2929.21; R.C. 2929.22 | Wilkin | Ross |
6/17/2025
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6/26/2025
| 2025-Ohio-2251 |
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State v. Snyder
| 24CA14 | sufficiency of the evidence; obstructing official business; R.C. 2921.31(A); hampers or impedes; substantial stoppage | Hess | Ross |
6/12/2025
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6/18/2025
| 2025-Ohio-2156 |
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State v. Paul
| 24CA20 | Attempted burglary; sufficiency of the evidence; manifest weight of the evidence; physical facts rule; sentencing error | Hess | Washington |
6/10/2025
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6/13/2025
| 2025-Ohio-2088 |
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In re A.P.
| 25CA702 | Permanent custody-trial court's judgments placing children in the agency's permanent custody was not against the manifest weight of the evidence. | Abele | Vinton |
6/9/2025
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6/16/2025
| 2025-Ohio-2125 |
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State v. Tucker
| 23CA4042 | CRIMINAL-SUPPRESSION-SUFFICIENCY-MANIFEST WEIGHT-MARKED LANES VIOLATION - The defendant's convictions for possession and trafficking in marijuana, which flowed from a traffic stop, are supported by sufficient evidence and are not against the manifest weight of the evidence where his vehicle was stopped as a result of law enforcement observing him drive outside of marked lanes in violation of R.C. 4511.33(A)(1). | Smith | Scioto |
6/6/2025
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6/16/2025
| 2025-Ohio-2108 |
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State v. Hodges
| 24CA4061 | Sufficient evidence supported appellant's convictions; convictions were not against the manifest weight of the evidence; trial court did not commit reversible error when it accepted a jury instruction after closing arguments; trial court did not commit reversible error when it denied trial counsel's request for a jury instruction regarding mere presence; and cumulative effect of trial court's errors did not warrant reversal. | Abele | Scioto |
6/3/2025
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6/9/2025
| 2025-Ohio-2050 |
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State v. Norris
| 24CA1 | sufficiency of the evidence; manifest weight of the evidence; self-defense; ineffective assistance of counsel; jail call; competency evaluation; inconsistent verdicts | Hess | Highland |
5/29/2025
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6/2/2025
| 2025-Ohio-1976 |
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In re T.M.
| 25CA5 | permanent custody; manifest weight; R.C. 2151.414(B)(1)(b); R.C. 2151.414(D)(1); best interest; legally secure permanent placement | Hess | Highland |
5/29/2025
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6/2/2025
| 2025-Ohio-1977 |
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James v. James
| 24CA1207 | divorce; property division; jurisdiction; Civ.R. 75(F) | Hess | Adams |
5/28/2025
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6/2/2025
| 2025-Ohio-1975 |
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State v. Robinson
| 23CA5 & 23CA6 | Resisting arrest; operating a vehicle impaired ("OVI"); no contest plea; waiver; forfeiture; plain error; ineffective assistance of counsel; motion to suppress; Fourth Amendment; parked vehicle; consensual encounter; community caretaking exception; traffic stop; investigatory stop; field sobriety tests; reasonable articulable suspicion; probable cause; totality of the circumstances; Crim.R. 12(C)(3); Crim.R. 12(H) | Wilkin | Athens |
5/22/2025
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5/1/2025
| 2025-Ohio-1537 |
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Worthy v. Hawthorne
| 23CA27 | Manifest weight of the evidence; prescriptive easement; clear and convincing evidence; abandonment; stare decisis | Wilkin | Lawrence |
5/22/2025
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5/29/2025
| 2025-Ohio-1941 |
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State v. Gutierrez
| 24CA24 | validity of guilty plea; Crim.R. 11(C)(2)(a); mandatory minimum fine; Reagan Tokes Law; mandatory prison term; eligibility for community control; motion to withdraw guilty plea; R.C. 2929.19(B)(2)(c) | Hess | Ross |
5/22/2025
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5/27/2025
| 2025-Ohio-1884 |
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State v. Smith
| 24CA39 | guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2); forfeiture | Hess | Ross |
5/22/2025
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5/27/2025
| 2025-Ohio-1885 |
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State v. Dalton
| 24CA4078 | sufficiency of the evidence; manifest weight of the evidence; felonious assault; R.C. 2903.11(A)(1); self-defense; violating a protection order; R.C. 2919.27(A)(1); recklessly | Hess | Scioto |
5/20/2025
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5/22/2025
| 2025-Ohio-1840 |
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State v. Lucas
| 23CA4018 | Hybrid Representation, Motion to Suppress, Pro Se Litigant, Waiver of Counsel, Crim.R. 44, Odor of Marijuana, Standby Counsel, Right to Self-Representation, Definition of Seizure, Pacing, Mere Following Does Not Constitute Seizure | Wilkin | Scioto |
5/20/2025
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5/28/2025
| 2025-Ohio-1918 |
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Pryor v. Pryor
| 24CA10 | partition; subject-matter jurisdiction; res judicata; due process | Hess | Washington |
5/19/2025
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5/23/2025
| 2025-Ohio-1854 |
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State v. Miller
| 23CA15 | CRIMINAL-INEFFECTIVE ASSISTANCE-DEFENSE OF OTHERS-SUFFICIENCY-CONCEDED ERROR-REAGAN TOKES LAW-R.C. 2929.19(B)(2)(C) NOTIFICATIONS - Trial counsel's failure to object to incomplete defense of others instruction and failure to request a lesser included offense instruction did not result in ineffective assistance of counsel; appellant's conviction is supported by sufficient evidence; the matter is remanded for resentencing due to the trial court's failure to provide R.C. 2929.19(B)(2)(c) notifications as required by the Reagan Tokes Law; the State concedes that a clerical error contained in the final judgment entry requires correction on remand. | Smith | Highland |
5/19/2025
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5/28/2025
| 2025-Ohio-1920 |
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State v. McFarland
| 23CA13 & 23CA14 | CRIMINAL-CONSECUTIVE SENTENCES-INEFFECTIVE ASSISTANCE OF COUNSEL-MOOTNESS - Because the consecutive sentences imposed by the trial court are contrary to law and are not supported by the record, the judgments of the trial courts are reversed, the sentences are vacated, and these matters are remanded to the trial court for resentencing; the appellant's argument that she received ineffective assistance of counsel if moot. | Smith | Hocking |
5/15/2025
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5/21/2025
| 2025-Ohio-1816 |
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State v. Dye
| 24CA2 | JOINTLY-RECOMMENDED SENTENCE - A trial court is generally not bound by a joint sentencing recommendation; a trial court does not err by imposing a sentence that exceeds the jointly-recommended sentence when the trial court has informed the defendant of the applicable penalties and has forewarned the defendant of the possibility of imposing a harsher sentence; the contents of a written plea agreement and statements of counsel during the plea hearing may be considered to discern whether a defendant was forewarned. | Smith | Athens |
5/15/2025
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6/2/2025
| 2025-Ohio-1973 |
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State v. Kerns
| 24CA5 | Sentencing errors; sentencing notifications; R.C. 2953.08(G)(2); seriousness; recidivism; R.C. 2929.12; mandatory prison term; R.C. 2929.19(B)(2)(a) | Hess | Jackson |
5/7/2025
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5/12/2025
| 2025-Ohio-1703 |
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State v. Brigner
| 23CA14, 24CA23 | R.C. 2929.19(B)(2)(g)(i), Restitution, Jail-Time Credit, Res Judicata, Plain Error, Appellant Must Provide Transcript, R.C. 2929.19(B)(2)(g)(iii) | Wilkin | Athens |
5/5/2025
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5/15/2025
| 2025-Ohio-1753 |
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In re N.J.
| 24CA17 | Permanent custody—the trial court’s permanent custody judgment was not against the manifest weight of the evidence; the children had been in the agency’s temporary custody for approximately two years; competent and credible evidence supported the trial court’s best interest determination; appellant abandoned the children by failing to visit them for over one year; the mother abandoned the children by failing to visit them for more than 90 days; the three youngest children were happy in the foster home, and the foster parents intended to adopt them; the oldest child lived in a residential facility due to behavioral issues but ultimately wished to be placed with his siblings; the three youngest children wished to remain in the foster home, and the guardian ad litem recommended that the court place all four children in the agency’s permanent custody; neither parent had obtained a stable home for the children | Wilkin | Highland |
5/1/2025
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5/6/2025
| 2025-Ohio-1641 |
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State v. Groves
| 24CA6 & 24CA8 | In order for a knowing, voluntary and intelligent plea, a defendant must be correctly advised of the ramifications of that plea. | Abele | Adams |
4/25/2025
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5/5/2025
| 2025-Ohio-1616 |
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State v. Taylor
| 24CA18 | Because appellant could have raised his claim in his direct appeal, the doctrine of res judicata now bars consideration of that claim. | Abele | Lawrence |
4/25/2025
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4/29/2025
| 2025-Ohio-1518 |
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In re P.G.
| 24CA10 & 24CA11 | PERMANENT CUSTODY - trial court's judgment placing children in the agency's permanent custody was not against the manifest weight of the evidence. | Smith | Meigs |
4/22/2025
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4/29/2025
| 2025-Ohio-1521 |
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State v. Robinson
| 23CA5 & 23CA6 | Resisting arrest; operating a vehicle impaired ("OVI"); no contest plea; waiver; forfeiture; plain error; ineffective assistance of counsel; motion to suppress; Fourth Amendment; parked vehicle; consensual encounter; community caretaking exception; traffic stop; investigatory stop; field sobriety tests; reasonable articulable suspicion; probable cause; totality of the circumstances; Crim.R. 12(C)(3); Crim.R. 12(H) | Wilkin | Athens |
4/22/2025
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5/1/2025
| 2025-Ohio-1539 |
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Marietta v. Professional Serv. Industries, Inc.
| 23CA12 | CIVIL-CONTRACTS-AGREEMENTS INCORPORATED BY REFERENCE-SUPPLEMENTAL CONTRACT-SUPERSEDING CONTRACT - Where conduct of Plaintiff/Appellant in attaching second written agreement as an exhibit to original agreement, and subsequently attaching the original agreement to Plaintiff/Appellant's Complaint strongly suggested that Plaintiff/Appellant viewed both agreements as one fully integrated document, and where on motion practice, Plaintiff/Appellant further failed to introduce evidence that second agreement was intended to replace original agreement, trial court did not err in finding that the second agreement was not a "standalone" contract intended to replace original agreement, and that the contractual relationship between the parties was clear and unambiguous, and thus did not err in granting summary judgment to Defendants/Appellees as a matter of law. | Smith | Washington |
4/22/2025
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4/30/2025
| 2025-Ohio-1530 |
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Feick v. Miller
| 23CA14 | Wrongful Death, Judgment on the Pleadings, Civ.R. 12 (C), App.R. 16(A)(3) and (4), Homeowner Insurance Policies, Intentional Acts Exclusion, Criminal Acts Exclusion, Civ.R. 7(A), Civ.R. 10(C), Interpretation of Insurance Policy, Doctrine of Inferred Intent, Public Policy - Insurance Policies | Wilkin | Washington |
4/22/2025
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5/1/2025
| 2025-Ohio-1538 |
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State v. Brooks
| 24CA27 | Trial court did not violate appellant's due process rights when it denied his successive motion to withdraw his plea. | Abele | Athens |
4/21/2025
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4/24/2025
| 2025-Ohio-1468 |
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Dills v. Hogsett
| 24CA15 | Evidence insufficient for issuance of Civil Stalking Protection Order. | Abele | Lawrence |
4/21/2025
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4/28/2025
| 2025-Ohio-1496 |
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State v. Duncan
| 23CA16 | CRIMINAL-INVESTIGATORY STOP-MARKED LANES-SUPPRESSION - The investigatory stop of appellant's vehicle was lawful where the officer observed two marked lanes violations, despite the absence of dashcam video footage in support of the trooper's testimony; evidence of appellant's failure to ascertain that traveling outside the marked lanes could be done safely was not required in order to find the stop justified. | Smith | Gallia |
4/15/2025
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4/28/2025
| 2025-Ohio-1504 |
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State v. Jeffers
| 22CA36 | Failure to comply with an order or signal of a police officer, R.C. 2921.331 (B), manifest weight of the evidence, pursuit, single photo identification, best practice photo array, high speed chase, Bureau of Motor Vehicles ("BMV") images, Photo lineup, and R.C. 2933.83 | Wilkin | Ross |
4/15/2025
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4/17/2025
| 2025-Ohio-1388 |
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State v. Erskine
| 24CA18 | R.C. 2929.14(C)(10) specifies that a definite prison sentence should be served prior to an indefinite sentence. | Abele | Highland |
4/14/2025
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4/18/2025
| 2025-Ohio-1400 |
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In re K.K.
| 24CA36 | parental rights; ineffective assistance of counsel; continuance; best interest of the child; manifest weight of the evidence | Hess | Athens |
4/7/2025
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4/11/2025
| 2025-Ohio-1282 |
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State v. Ballein
| 24CA18 | Trial court erred when it granted motion to suppress evidence. | Abele | Ross |
4/3/2025
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4/8/2025
| 2025-Ohio-1240 |
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State v. Lansing
| 24CA19 | Trial court erred when it granted motion to suppress evidence. | Abele | Ross |
4/3/2025
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4/8/2025
| 2025-Ohio-1241 |
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E. Ohio Gas Co. v. Strahler
| 24CA14 | Motion to dismiss-trial court erred by dismissing complaint when complaint's general allegation that appellee caused appellant injury satisfied pleading standard for standing to sue; trial court erred by determining that two-year statute of limitations that applies to injuring personal property barred complaint when complaint failed to conclusively show that damaged property was personal property. | Abele | Washington |
4/3/2025
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4/11/2025
| 2025-Ohio-1285 |
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State v. Howard
| 24CA9 | abuse of discretion; community control revocation; competency determination; mitigating factor | Hess | Ross |
4/2/2025
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4/7/2025
| 2025-Ohio-1220 |
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State v. Doyle
| 23CA19 | Permitting Drug Abuse, R.C. 2925.13; Guilty Plea, Crim.R. 11, Constitutional Rights, Non-Constitutional Rights; Knowing, Intelligent, and Voluntary; De Novo; Crim.R. 32.1, Motion to Withdraw a Plea; Presentence Motion to Withdraw is Freely and Liberally Granted, Post Sentence Motion to Withdraw Granted Only to Correct a Manifest Injustice | Wilkin | Ross |
4/1/2025
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4/8/2025
| 2025-Ohio-1234 |
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