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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Chapman
| 18 BE 0004 | CRIMINAL LAW SEARCH AND SEIZURE – warrantless search; probable cause; de novo; canine sniff; search of person; extend; traffic stop | D'Apolito | Belmont |
8/15/2019
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8/20/2019
| 2019-Ohio-3339 |
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State v. Jones
| 18 MA 0078 | RECONSIDERATION – App.R. 26(A); postrelease control notifications; nunc pro tunc entry; underlying conviction is not void; no obvious errors or issues demonstrated; pro se application denied. | Per Curiam | Mahoning |
8/14/2019
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8/20/2019
| 2019-Ohio-3340 |
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State v. Baker
| 18 MA 0027 | Double jeopardy; issue preclusion; the state may retry a defendant under a theory of complicity after the jury acquitted her as the principal offender so long as retrial does not relitigate a fact already decided by the jury. | Waite | Mahoning |
6/28/2019
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7/2/2019
| 2019-Ohio-2722 |
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State v. Kinney
| 18 MO 0013 | Aggravated vehicular homicide; R.C. 2903.06(A)(1)(a); OVI; R.C. 4511.19(A)(1)(a); R.C. 4511.19(A)(1)(h), resentencing; State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231; proportionality and consistency; postrelease control, State v. Grimes, 151 Ohio St.3d 19, 2017-Ohio-2927, 85 N.E.3d 700. | Waite | Monroe |
6/28/2019
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7/2/2019
| 2019-Ohio-2726 |
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Pabin v. Eberle
| 18 MO 0008; 18 MO 0009 | oil and gas; reservation; dormant mineral act; default judgment; award different in kind; summary judgment; intervention as of right; abuse of discretion; merger. | Donofrio | Monroe |
6/28/2019
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7/2/2019
| 2019-Ohio-2728 |
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State v. Kinney
| 18 BE 0011 | affirming aggravated murder after jury trial and overruling issues presented on: the sufficiency and the weight of the evidence on the element of prior calculation and design; the lack of Miranda warnings during the police interview until after he admitted and demonstrated the shooting; the voluntariness of his statement to police; the admissibility of a recorded spousal conversation; the denial of access to the grand jury transcript; the failure to excuse two venire members for cause; whether a jury instruction suggested the jury had to unanimously acquit him of aggravated murder before considering the lesser charge of murder; the refusal to instruct on voluntary manslaughter; and the reviewability of the sentence of life without parole. | Robb | Belmont |
6/28/2019
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7/2/2019
| 2019-Ohio-2704 |
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Credit Acceptance Corp. v. Koher
| 18 BE 0040 | contract; breach of contract; summary judgment; de novo; service; certified mail. | Donofrio | Belmont |
6/28/2019
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7/2/2019
| 2019-Ohio-2727 |
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State v. Brown
| 18 CO 0025 | Pre-sentence motion to withdraw guilty plea; post-sentence motion to withdraw guilty plea; successive motions to withdraw a guilty plea; res judicata. | Waite | Columbiana |
6/28/2019
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7/2/2019
| 2019-Ohio-2717 |
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Shrock v. Mullet
| 18 JE 0018 | parents sold 80 acres of land to daughter and husband under oral agreement; buyers to obtain survey for deed preparation but did not do so; this was not a condition precedent to the contract but was merely a condition for obtaining legal title (to support the equitable title that passed when consideration and possession were exchanged); the buyers’ delay was not unreasonable by the time the sellers repudiated and made the buyers’ performance futile by signing lease over property and keeping signing bonus; caption of order not dispositive; surviving seller-lessor jointly and severally liable. | Robb | Jefferson |
6/28/2019
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7/2/2019
| 2019-Ohio-2707 |
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State v. Bishop
| 18 JE 0005 | Consideration of R.C. 2929.12(B) factors does not give rise to a disproportionate sentence; R.C. 2929.14(C)(4). | Waite | Jefferson |
6/28/2019
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7/2/2019
| 2019-Ohio-2720 |
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