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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
State v. Williamson
| 24 MO 0020; 24 MO 0021; 24 MO 0022 | Application to seal records of dismissed cases denied; defendant charged with Operating a Vehicle Impaired ("OVI"), vandalism, domestic violence, and attempted aggravated vehicular assault; R.C. 2953.61; defendant pleaded guilty to OVI, entered a diversion program on an amended charge, all remaining charges dismissed; related charges arising out of the same conduct may only be sealed if all the charges may be sealed; a conviction for OVI may not be sealed; affidavit attached to original complaint showed that all charges arose from same conduct; judgment affirmed. | Waite | Monroe |
6/30/2025
|
7/7/2025
| 2025-Ohio-2402 |
In re Adoption of H.M.M.
| 25 CO 0010 | Adoption petition alleged that natural mother's consent was not needed due to de minimis contact; R.C. 3107.07(A); mother claimed justification due to interference of father by hiding his address and phone number; record shows lack of contact for seven years, father shared his contact information with mother when he moved, mother's testimony was not credible; judgment affirmed. | Waite | Columbiana |
6/27/2025
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7/7/2025
| 2025-Ohio-2403 |
State v. Yu
| 24 BE 0037, 24 BE 0041 | Pre-sentencing motion to withdraw guilty plea; credibility; factors; abuse of discretion; ineffective assistance of counsel; substantial compliance; right to appeal. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2377 |
In re J.H.
| 25 BE 0013 | affirming termination of parental rights where mother raises: venue in county imposing prison sentence during which mother gave birth while incarcerated; sufficiency of notice in permanent custody motion; ground versus factor; lack of counsel at emergency shelter care hearing; sufficiency and weight of the evidence on finding child cannot be placed with the mother within a reasonable time; ineffective assistance of counsel; cumulative error. | Robb | Belmont |
6/26/2025
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7/7/2025
| 2025-Ohio-2380 |
Ohio River Resources, L.L.C. v. Westfall
| 24 MO 0017 | Motion for judgment on the pleading; Civ.R. 12(C); pleadings closed; harmless error; abandoned of record; R.C. 5301.56(H)(2); liberal construction. | Robb | Monroe |
6/26/2025
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7/7/2025
| 2025-Ohio-2379 |
State v. May
| 24 MA 0085 | affirming aggravated murder and other offenses; sufficiency; weight; admission of online rap video; supplemental jury instruction on circumstantial evidence; rejection of incomplete stipulation on a prior conviction; cumulative error. | Robb | Mahoning |
6/25/2025
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7/7/2025
| 2025-Ohio-2378 |
State v. Bugno
| 25 MA 0003 | Untimely postconviction petition; untimely motion for a new trial; jurisdictional defects strip a trial court of the ability to hear the case. | Waite | Mahoning |
6/18/2025
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7/7/2025
| 2025-Ohio-2404 |
State v. Wieder
| 24 MA 0107 | CRIMINAL – R.C. 2913.02(A)(2); beyond the scope of the express or implied consent of the owner or person authorized to give consent; services; beauty salon; sufficiency of the evidence; manifest weight of the evidence, intent to deprive when the service provider revokes consent to any additional delay in payment. | Dickey | Mahoning |
6/16/2025
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6/17/2025
| 2025-Ohio-2128 |
Stephens v. Zusack
| 25 BE 0024 | habeas corpus; filing requirements; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
6/16/2025
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6/17/2025
| 2025-Ohio-2129 |
McPherson v. McPherson
| 24 CO 0049 | DOMESTIC RELATIONS – GENERAL – uncontested divorce; agreed judgment, final divorce decree; final appealable order; jurisdiction; duration of marriage; R.C. 3105.171(A)(2)(a); parties agreed to spousal support; R.C. 3105.18; pro se litigants held to same standard as those represented by counsel; judgments affirmed but remanded for the trial court to vacate its second judgment entry granting a divorce to the parties. | Dickey | Columbiana |
6/10/2025
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6/10/2025
| 2025-Ohio-2064 |
State v. Price
| 24 CO 0036 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2091 |
State v. Price
| 24 CO 0037 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2092 |
State v. Price
| 24 CO 0038 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2093 |
State v. Price
| 24 CO 0039 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2094 |
State v. Price
| 24 CO 0040 | Trial court does not err failing to advise criminal defendant of aggregate maximum possible sentence including discretionary consecutive sentences; Crim.R. 11(C)(2)(a); State v. Johnson, 40 Ohio St.3d 130 (1998); State v. Bishop, 2018-Ohio-5132; State v. Berry, 2023-Ohio-605 (8th Dist.). | Waite | Columbiana |
6/9/2025
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6/13/2025
| 2025-Ohio-2095 |
State v. Parks
| 25 CA 0983 | POST CONVICTION RELIEF – pro se motion for a new plea hearing; dismissed. RES JUDICATA – Appellant’s attempts to challenge his conviction and guilty plea were raised or could have been raised on direct appeal or in his previous postconviction filings; judgment affirmed. | Dickey | Carroll |
6/9/2025
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6/10/2025
| 2025-Ohio-2053 |
State v. Figueroa
| 24 MA 0108 | Abuse of discretion; pre-sentencing motion to withdraw guilty plea; factors. | Robb | Mahoning |
6/5/2025
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6/5/2025
| 2025-Ohio-1997 |
Estate of Gregory v. QDP Wholesale Auto, L.L.C.
| 24 MA 0087 | CIVIL – summary judgment; Civ.R. 56; de novo review; escrow; Appellant elected to proceed with a cash only closing; caveat emptor; Appellee had no contractual duty to procure title insurance; no misrepresentation; negligence and fraud claims are barred by the economic loss doctrine; Civ.R. 8(E)(2); promissory estoppel; judgment affirmed. | Dickey | Mahoning |
6/2/2025
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6/3/2025
| 2025-Ohio-1979 |
Durr Farms, L.L.C. v. Siltstone Resources, L.L.C.
| 24 BE 0050 | CIVIL – fraud in the inducement; breach of warranty deed; public record; caveat emptor; title search; title insurance. | Dickey | Belmont |
5/29/2025
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5/30/2025
| 2025-Ohio-1942 |
State v. McBride
| 24 CO 0033 | Motion for en banc review is overruled; appellant has not cited a conflict between two opinions of this court; motion for reconsideration is overruled; appellant merely disagrees with the analysis in our underlying opinion; motion to certify conflict is overruled; First District case cited as a conflict merely differs in the facts and not the law; motions dismissed. | Per Curiam | Columbiana |
5/23/2025
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5/28/2025
| 2025-Ohio-1911 |
State v. Moore
| 24 CO 0042 | Felony attempted tampering with evidence and endangering children; guilty plea; Crim.R. 11(C)(2)(a); appellant sentenced to 120 days in country jail; appellant argued that the possibility of local jail time was not properly explained and that her plea was not made knowingly, intelligently, or voluntarily; the record shows that possible local jail time was explained in the plea agreement and at the change of plea hearing; judgment affirmed. | Waite | Columbiana |
5/23/2025
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5/28/2025
| 2025-Ohio-1913 |
Nicholson v. Youngstown
| 24 MA 0099 | House demolished pursuant to emergency order; city granted summary judgment due to governmental immunity, lack of pleading of due process claim, and city ordinances; Ohio is a notice pleading state; complaint sufficient to plead procedural due process; record does not show actual emergency existed to allow for emergency demolition; summary judgment reversed as to the due process claim. | Waite | Mahoning |
5/23/2025
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5/28/2025
| 2025-Ohio-1915 |
State v. Rayle
| 24 CO 0034 | Twenty counts pandering obscenity involving a minor or impaired person; guilty plea entered knowingly, voluntarily, and intelligently; consecutive sentences not contrary to law; no cruel or unusual punishment; R.C. 2947.23; counsel not ineffective | Hanni | Columbiana |
5/22/2025
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5/28/2025
| 2025-Ohio-1912 |
Stephens v. Zusack
| 25 BE 0019 | habeas corpus; filing requirements not satisfied; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
5/22/2025
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5/28/2025
| 2025-Ohio-1917 |
Bonar v. Zusack
| 25 BE 0020 | habeas corpus; filing requirements not satisfied; commitment papers; bail; R.C. 2945.73(B)(2); pretrial detention; maximum sentence limit; discharge requirement; competency evaluation; misdemeanor detention limit; speedy trial | Per Curiam | Belmont |
5/21/2025
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5/22/2025
| 2025-Ohio-1822 |
State v. Reese
| 24 MA 0092 | Untimely filed motion for reconsideration; App.R. 26(A); appellant merely disagrees with our opinion and does not raise any obvious errors or point to matters that were either not considered or not fully considered; motion dismissed. | Per Curiam | Mahoning |
5/21/2025
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5/28/2025
| 2025-Ohio-1914 |
State v. Reese
| 24 MA 0106 | affirming denial of post-conviction application for DNA testing; cited type of DNA testing existed at time of 2014 trial; defendant assumes recent developments increased likelihood of finding comparable DNA on a fired shell casing; potential discovery of DNA of casing and potential exclusion of him as contributor would not satisfy statutory outcome determinative test. | Robb | Mahoning |
5/21/2025
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5/28/2025
| 2025-Ohio-1916 |
State v. Christian
| 07 JE 0009 | Application for reopening; App.R. 26(B)(5); untimely. | Per Curiam | Jefferson |
5/21/2025
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5/21/2025
| 2025-Ohio-1817 |
State v. Richardson
| 24 MA 0101 | res judicata; postconviction relief; abuse of discretion; de novo review. | Robb | Mahoning |
5/20/2025
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5/21/2025
| 2025-Ohio-1818 |
State v. Washington
| 24 MA 0098 | Post-conviction relief petition, R.C. 2953.21(A)(1); res judicata; de hors the record; affidavits in support of his post-conviction relief; credibility of affidavits; abuse of discretion | Hanni | Mahoning |
5/19/2025
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5/19/2025
| 2025-Ohio-1774 |
Landers Lewis Ins. Agency & Consulting Serv., L.L.C. v. Buchanan & Landers Ins. Group, L.L.C.
| 24 MA 0100 | CIVIL – Civ.R. 60(B); motion to vacate; objections; summary judgment; GTE prongs; timely filed; Appellants fail to demonstrate a meritorious defense or claim; Appellants are not entitled to relief under Civ.R. 60(B)(5); Civ.R. 4.1(A)(1)(a); service perfected via certified mail; Civ.R. 5(B)(2)(c); service perfected via United States mail to Appellants’ last known address; judgment affirmed. | Dickey | Mahoning |
5/19/2025
|
5/20/2025
| 2025-Ohio-1791 |
Bartrug v. Bartrug
| 25 MO 0002 | motion to transfer jurisdiction of custody matter to West Virginia; motion to intervene by maternal aunt requesting custody of the children or visitation order; Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA); R.C. 3127.15(A)(1); R.C. 3127.16; R.C. 3127.01(B)(13); “person acting as a parent” | Hanni | Monroe |
5/19/2025
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5/19/2025
| 2025-Ohio-1775 |
State v. Haslam
| 24 BE 0019 | Application for reopening; App.R. 26(B); appellant violated App.R. 19 and 26(B)(3); appellate counsel need not raise every possible issue in order to render constitutionally effective assistance; appellant's eight proposed assignments of error do not present viable arguments for appeal; application denied. | Per Curiam | Belmont |
5/16/2025
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5/28/2025
| 2025-Ohio-1910 |
Fligiel v. Encino Energy, L.L.C.
| 24 CA 0979 | oil and gas lease; de novo review; incorporation by reference; AAA rules; arbitration; who must initiate; claimant; correct forum for arbitration. | Robb | Carroll |
5/2/2025
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5/7/2025
| 2025-Ohio-1647 |
Johnson v. Encino Energy, L.L.C.
| 24 CO 0035 | Stay pending arbitration; R.C. 2711.02; motion to compel arbitration; R.C. 2711.03; party who initiates a contract dispute containing mandatory arbitration clause is "claimant" under American Arbitration Commercial Rule R-4(a)(i), can be ordered to initiate arbitration if a motion to compel filed; trial court did not err in failing to issue a motion to compel plaintiff to initiate arbitration; defendants did not file a motion to compel; failure to state that it did not have authority to compel the plaintiff to initiate arbitration not reversible error; judgment affirmed. | Waite | Columbiana |
5/2/2025
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5/5/2025
| 2025-Ohio-1593 |
Wolfe v. Encino Energy, L.L.C.
| 24 HA 0010, 24 HA 0011, 24 HA 0012, 24 HA 0014 | oil and gas lease arbitration provision; motion for stay pending arbitration; American Arbitration Association (AAA) Rules; incorporation by reference; party to initiate arbitration; claimant; correct forum for arbitration | Hanni | Harrison |
5/2/2025
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5/2/2025
| 2025-Ohio-1584 |
Denham v. Encino Energy, L.L.C.
| 24 HA 0013 | motion to stay proceedings pending arbitration; forum-selection provision did not supersede the arbitration provision; possible to give effect to both provisions | Hanni | Harrison |
5/2/2025
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5/2/2025
| 2025-Ohio-1585 |
State v. Fisher
| 24 NO 0520 | Competency evaluation; Not guilty by reason of insanity ("NGRI") plea; restored competency; plain error; ineffective assistance of trial counsel. | Robb | Noble |
5/2/2025
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5/7/2025
| 2025-Ohio-1648 |
State v. Knappenberger
| 24 MA 0103 | minor misdemeanor traffic offense of completing a left turn in violation of R.C. 4511.36(A)(2), which states “after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered” and also prohibits beginning left turn before the intersection; sufficiency and weight of the evidence; allegation of police bias is outside the record. | Robb | Mahoning |
5/1/2025
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5/2/2025
| 2025-Ohio-1574 |
State v. E.T.
| 24 MA 0093 | agreed upon sentence; plea agreement; serious youthful offender; ("SYO") dispositional sentence should be appealed when the court imposes the delinquency adjudication; res judicata; R.C. 2152.14(F). | Robb | Mahoning |
4/30/2025
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5/1/2025
| 2025-Ohio-1558 |
State v. Perkins
| 24 MA 0054 | App.R. 26(A)(1), obvious error; fully considered; plain error, abuse of discretion, removal of juror for cause; peremptory challenges | Per Curiam | Mahoning |
4/17/2025
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4/17/2025
| 2025-Ohio-1387 |
State v. McBride
| 24 CO 0033 | Conviction for Operating a Vehicle Impaired ("OVI") and failure to control; requirement of an explanation of circumstances of the crime; R.C. 2937.07; written waiver of explanation of circumstances; written waiver of proof beyond a reasonable doubt; Crim.R. 11(E); Traf.R. 10(D); requirement to inform defendant of the effect of a no contest plea; written waiver of rights contained the explanation of the effect of the no contest plea; judgment affirmed. | Waite | Columbiana |
4/17/2025
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4/23/2025
| 2025-Ohio-1439 |
Martins Ferry City School Dist. Bd. of Edn. v. Martins Ferry Edn. Assn.
| 24 BE 0049 | Arbitration; motion to vacate arbitration award; R.C. 2711.10(D); arbitrator exceeds authority; arbitration award must draw essence from CBA; CBA ambiguous language; arbitrator interpretation of CBA; notice of right to prior teaching service credit; filing grievance; timeliness; arbitrability | Hanni | Belmont |
4/15/2025
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4/16/2025
| 2025-Ohio-1355 |
State v. Givens
| 24 BE 0044 | To comply with the mandates of Crim.R 44(B), before accepting a criminal defendant’s waiver of counsel trial court must engage in the requisite colloquy to advise of the dangers of proceeding pro se; violation of Crim.R. 44(B) does not affect underlying conviction, requires vacation of the sentence and resentencing without possibility of confinement, including a suspended sentence. | Waite | Belmont |
4/15/2025
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4/23/2025
| 2025-Ohio-1438 |
Everson v. Acme Co.
| 24 MA 0055 | CIVIL - summary judgment; gender discrimination; disability discrimination/failure to accommodate; retaliation; prima facie case of discrimination; legitimate, nondiscriminatory reason; pretext for discrimination; disability; honest belief rule; adverse employment action; materially adverse change; terms/conditions of employment; burden on summary judgment; nonmoving party. | Lynch | Mahoning |
4/15/2025
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4/15/2025
| 2025-Ohio-1335 |
State v. Reese
| 24 MA 0092 | Second petition for postconviction relief overruled by the trial court; R.C. 2953.21; R.C. 2953.23(A); trial court was required to dismiss a successive petition for postconviction relief; Appellant was not unavoidably detained from timely filing his second petition; the evidence Appellant relies on to support his second petition was available prior to the direct appeal and prior to the filing of the first petition; res judicata prevents Appellant from raising matters that were or could have been raised as part of the direct appeal and the first petition; judgment affirmed. | Waite | Mahoning |
4/15/2025
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4/23/2025
| 2025-Ohio-1441 |
State v. Jimenez-Zenquiz
| 24 MA 0089 | Post-sentence motion to withdraw guilty plea; arguments not based on new evidence that could have been raised on direct appeal are barred by res judicata; a trial court is required to hold an evidentiary hearing before it can sustain a motion to withdraw a guilty plea; no ineffective assistance of counsel or manifest injustice where no new evidence negates an element of the defense or provides a defense. | Waite | Mahoning |
4/14/2025
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4/23/2025
| 2025-Ohio-1440 |
State v. Jenkins
| 24 HA 0009 | motion to vacate void judgment filed more than 20 years after sentence; contrary to defendant’s belief, he was sentenced under SB 2 (to a definite sentence for aggravated robbery) and the aggravated murder sentence of 20 to life was mandated; consecutive sentencing does not involve improper judicial fact-finding; void versus voidable; res judicata; untimely post-conviction petition. | Robb | Harrison |
4/14/2025
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4/16/2025
| 2025-Ohio-1357 |
Castner v. Jefferson Cty.
| 24 JE 0017 | CIVIL – sovereign immunity; proprietary function; R.C. 2744.01(G)(2)(C); municipal corporation water supply system; regional water and sewer district; utility; expressio unius est exclusio alterius. | Dickey | Jefferson |
4/11/2025
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4/14/2025
| 2025-Ohio-1309 |
State v. Gonzalez
| 24 MA 0076 | CRIMINAL – prior inconsistent statement; prior bad acts; rape shield law; defense witness; opened the door; defendant’s prior sexual history; prejudicial; inflammatory; harmless error; overwhelming evidence of guilt; expert witness; delayed disclosure; direct appeal. | Dickey | Mahoning |
4/11/2025
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4/14/2025
| 2025-Ohio-1314 |
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