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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Hoelzer v. Kacachos CA2024-12-141The common pleas court erred when it granted an estate's motion to dismiss, as probate courts lack jurisdiction over breach of contract claims and declaratory judgment claims involving contracts. The jurisdictional priority rule only applies when two courts have concurrent jurisdiction, and one is invoked first. The probate court did not have jurisdiction to resolve the contractual issue at issue and therefore the jurisdictional priority rule did not apply. WITH DISSENTING OPINIONSiebertButler 9/29/2025 9/29/2025 2025-Ohio-4506
State v. Gates CA2025-01-004Trial court did not err in failing to award jail-time credit when granting defendant's judicial release to community control where statutory requirement for jail-time credit calculations applies only when imposing prison sentences.M. PowellButler 9/29/2025 9/29/2025 2025-Ohio-4507
State v. Thompson CA2025-01-006The defendant's conviction for aggravated menacing was not against the manifest weight of the evidence.M. PowellButler 9/29/2025 9/29/2025 2025-Ohio-4508
State v. Taylor CA2025-05-039Anders no errorPer CuriamButler 9/29/2025 9/29/2025 2025-Ohio-4514
Gherman v. Culberson CA2025-01-001, CA2025-01-002, CA2025-01-003, CA2025-01-004The trial court did not abuse its discretion in excluding evidence appellants attempted to present at the final hearing where that evidence was not disclosed in accordance with the trial court's scheduling order. The trial court did not err in granting civil stalking protection orders against appellants where there was ample credible evidence that appellants repeatedly threatened to cause appellees and appellee's children physical harm and engaged in other troublesome behaviors on a regular basis. The trial court did not err in denying appellant's petition for a civil stalking protection order against appellee where appellee denied engaging in the behavior described by appellant and such behavior could be characterized as merely annoying to appellant, not warranting a civil protection order. The trial court did not abuse its discretion in issuing a civil stalking protection order where the terms of the order bear a sufficient nexus to the conduct that the trial court is attempting to prevent and were designed to ensure the safety of the persons protected by the order.HendricksonClinton 9/29/2025 9/29/2025 2025-Ohio-4513
Stephens v. Spahn CA2024-11-022Plaintiff's wrongful death claim was properly dismissed by the trial court because plaintiff, who would be the beneficiary of that claim, did not do so within four years of the underlying malpractice that resulted in the decedent's death. Plaintiff's arguments that Ohio's statute of repose is unconstitutional were waived because the arguments and claim were not presented to or considered or decided by a lower court. WITH DISSENTING OPINIONSiebertMadison 9/29/2025 9/29/2025 2025-Ohio-4509
State v. Franklin CA2025-03-017The jury's verdict finding appellant was the operator of the truck who took police on a high speed chase after receiving an order or signal of a police officer to bring the truck to a stop was supported by sufficient evidence and was not against the manifest weight of the evidence where there was competent and credible evidence identifying appellant as the operator of the truck in question. The trial court also did not err, plain or otherwise, by failing to merge for purposes of sentencing appellant's convictions for failing to comply with the order or signal of a police officer in violation of R.C. 2921.331(B) and driving under suspension in violation of R.C. 4510.11(A) where the offenses were committed separately, one at the moment appellant began operating a truck with a suspended license and the other when appellant failed to comply with the order or signal of a police officer to bring the truck to a stop.PiperWarren 9/29/2025 9/29/2025 2025-Ohio-4510
Goodykoontz v. Harris CA2025-03-022Inmate appeals decision dismissing petition for writ of habeas corpus. Inmate's petition defective for failing to comply with statutory requirement of attaching commitment papers. Inmate's arguments could have been asserted through other means, such as a direct appeal or postconviction relief. Inmate did not state grounds for habeas relief and had other adequate remedies at law.ByrneWarren 9/29/2025 9/29/2025 2025-Ohio-4511
Etter v. Etter CA2025-04-025Wife failed to meet her burden to provide competent and credible evidence showing husband intended the check he gave to wife for their marital home purchase to be a gift. Husband provided competent and credible evidence to support the trial court's property classifications. (1) A $198,000 check with "gift" in the memo line was not a gift from husband to wife where both parties testified the money was to be used by Wife to purchase their shared marital home; (2) money for the down payments on marital home and rental homes could be traced back to husband's accounts and thus remained his separate property; (3) other purchases of personal property by husband could be traced back to husband's accounts.SiebertWarren 9/29/2025 9/29/2025 2025-Ohio-4512
Bank of New York Mellon v. Cox CA2025-02-006Trial court's order disbursing funds to the property owners was a final appealable order under R.C. 2505.02(B)(1), as the order affects a substantial right and effectively determines the action, preventing future relief. Trial court erred by disbursing proceeds from a foreclosure sale to the property owners without resolving or accounting for a lien held by a party claiming a superior interest.SiebertMadison 9/22/2025 9/22/2025 2025-Ohio-4406
In re J.S.R. CA2025-04-003Trial court erred when it proceeded with a hearing on the surname change of Mother's child where Father only raised it for the first time at the hearing and Mother had no notice the issue would be litigated.PiperPreble 9/22/2025 9/22/2025 2025-Ohio-4407
State v. Stevens CA2025-02-007Appellant's conviction for domestic violence is supported by the manifest weight of the evidence. During the bench trial, the trial court heard testimony from the victim and a responding police officer. The victim testified that appellant backed her into a bedroom, screamed at her, slapped the phone she was holding, and threatened to "send [her] to heaven today." She further testified that she was frightened and that appellant's behavior was uncharacteristic, describing him as "really angry" and saying "It wasn't even [like] him." Most notably, she testified "I thought he was going to really hurt me." While appellant argues differently, the trial court, as trier of fact, was in the best position to evaluate the evidence and assess witness credibility.SiebertClinton 9/22/2025 9/22/2025 2025-Ohio-4405
Mann v. Muktarian CA2025-01-004The domestic relations court did not err in its decisions regarding the amount and duration of its spousal support and child support awards, the division of property, or in its denial of the wife's request for a distributive award being issued to her from her former husband's separate property where none of the domestic relations court's decisions were unreasonable, arbitrary, or unconscionable so as to constitute an abuse of discretion when considering, among other things, the length of the parties' marriage and the standard of living that the parties established during their marriage.PiperClermont 9/22/2025 9/22/2025 2025-Ohio-4404
State v. Edmonson CA2025-01-006; CA2025-01-007Trial court committed clerical error requiring nunc pro tunc correction where judgment entry incompletely described plea agreement terms by omitting reference to dismissed sexual motivation specification that eliminated defendant's life sentence exposure. Defendant's constitutional challenge to validity of guilty plea was moot where court determined that sexual motivation specification was eliminated from kidnapping charge, removing the factual basis for the due process claim. Trial court's imperfect plea colloquy did not invalidate defendant's guilty plea where defendant received adequate information about the charge through multiple sources and failed to demonstrate prejudice under Crim.R. 11(C). Trial court committed clerical error by mischaracterizing defendant's felonious-assault conviction as first-degree felony when statute classifies offense as second-degree felony, warranting correction through nunc pro tunc entry.M. PowellClermont 9/15/2025 9/15/2025 2025-Ohio-4314
In re Z.P. CA2025-04-027Anders no error.Per CuriamClermont 9/15/2025 9/15/2025 2025-Ohio-4315
In re A.Y. CA2025-04-028The juvenile court did not err in granting permanent custody to the Department of Job and Family Services where (1) Father willingly appeared before the trial court and did not contest the court's personal jurisdiction; (2) the juvenile court's order, when read in its entirety, adequately described the reasonable efforts taken to prevent the removal of the child; (3) trial counsel's stipulation to prior evidence and testimony was part of trial strategy and did not constitute ineffective assistance of counsel; and (4) the case worker and GAL's testimony were not hearsay simply because they were not asked to substantiate their findings.SiebertClermont 9/15/2025 9/15/2025 2025-Ohio-4316
State v. Teeters CA2024-12-145Anders no error.Per CuriamButler 9/15/2025 9/15/2025 2025-Ohio-4311
State v. Wilburn CA2025-01-009Defendant's conviction for failure to comply with a police officer's orders under R.C. 2921.331(A) was supported by sufficient evidence.M. PowellButler 9/15/2025 9/15/2025 2025-Ohio-4312
D00TZ 606, L.L.C. v. Dennis CA2025-04-035There was a presumption of proper service of the complaint by ordinary mail pursuant to Civ.R. 4.6(D) where the complaint was not returned and where service occurred at the same address appellant personally listed as his address in subsequent filings. Appellant waived the defense of lack of personal jurisdiction by appearing in the action without raising the defense in either his answer or in a motion filed prior to the filing of his answer. Appellate court was without jurisdiction to consider arguments relating to an order that appellant failed to timely appeal.HendricksonButler 9/15/2025 9/15/2025 2025-Ohio-4313
State v. Cornett CA2024-12-135; CA2024-12-136; CA2024-12-137Anders no error.Per CuriamButler 9/8/2025 9/8/2025 2025-Ohio-3183
State v. Wright CA2025-03-032Anders no error.Per CuriamButler 9/8/2025 9/8/2025 2025-Ohio-3184
Snider Crossing L.L.C. v. Warren Cty. Bd. of Rev. CA2025-01-005School district not required to prove jurisdictional prerequisites for property tax complaint at initial filing. Jurisdiction properly established where statutory requirements existed at filing and were confirmed through administrative proceedings. Board of Tax Appeals did not err in refusing to dismiss school district's property tax complaint where district presented appraiser testimony and documentation sufficient to support statutory jurisdictional allegations at board of revision level. Board of Tax Appeals did not err in finding school district met jurisdictional requirements where sale price exceeded statutory thresholds. Board of Tax Appeals did not err in finding entity transfer constituted qualifying "sale" under property tax statute where LLC ownership transfer accomplished economic equivalent of real estate conveyance. Board of Tax Appeals did not err in allowing discovery to proceed during jurisdictional challenge where taxpayer failed to seek protective orders and school district had independently obtained transaction information through public sources.M. PowellWarren 9/8/2025 9/8/2025 2025-Ohio-3189
In re J.K. CA2025-04-028The juvenile court's decision granting permanent custody of two of appellant's children to a children services agency was supported by sufficient evidence and not against the manifest weight of the evidence given the juvenile court's finding the evidence presented at trial clearly and convincingly showed that the problems that led to the children's removal from appellant's care had not been substantially remedied by appellant. This included, most notably, appellant's alleged continued and ongoing physical abuse of the children at issue.PiperWarren 9/8/2025 9/8/2025 2025-Ohio-3190
State v. Venters CA2024-10-064Appellant's conviction for gross sexual imposition was supported by sufficient evidence and was not against the manifest weight of the evidence. Appellant's actions in moving and restraining the victim's legs with his arm so that he could reach under her clothing to touch her pubic area was sufficient "force" for the offense of gross sexual imposition. Appellant's 18-month prison term was not clearly and convincingly contrary to law.HendricksonWarren 9/2/2025 9/2/2025 2025-Ohio-3111
Bell v. Cedar Fair, LP CA2024-11-080The trial court erred by granting summary judgment in favor of the amusement park on the basis that the patrons failed to establish that the cell phone came from a rider on the roller coaster. There was a reasonable inference to support the patrons' claims and credibility issues are reserved for the role of the factfinder, not the court on summary judgment. However, the trial court did not err by granting summary judgment in favor of the amusement park for a different reason. In this case, the patrons failed to present expert testimony to establish the relevant standard of care. This was necessary because duty of care concerns the adequacy and placement of protective netting, a matter requiring specialized knowledge beyond the understanding of an ordinary juror.ByrneWarren 9/2/2025 9/2/2025 2025-Ohio-3112
State v. Smith CA2025-01-008The appellate court did not have authority to review appellant’s jointly recommended and agreed upon sentence of five to seven-and-one-half years in prison following his guilty plea to five counts of second-degree felony trafficking in drugs and two counts of third-degree felony trafficking in drugs, nor did appellant receive ineffective assistance of counsel when his trial counsel failed to negotiate a lesser sentence for appellant when considering appellant’s trial counsel successfully negotiated a plea offer that significantly limited appellant’s exposure had he decided to take the matter to trial.PiperWarren 9/2/2025 9/2/2025 2025-Ohio-3113
State v. Hagens CA2025-04-029The trial court did not err by dismissing appellant's petition for postconviction relief where the petition was untimely filed by one day and where appellant could not demonstrate, by clear and convincing evidence, that but for a constitutional error at trial no reasonable factfinder would have found him guilty given that appellant had foregone taking the matter to trial and instead plead guilty to recording himself sexually abusing the seven-year-old child victim.PiperWarren 9/2/2025 9/2/2025 2025-Ohio-3114
MCM Mgt. Corp. v. L&T Equip. Parts, L.L.C. CA2024-12-089Equipment broker breached contract by failing to deliver specific track frames depicted in photographs that induced buyer's agreement to purchase. Jury verdict finding no breach was against manifest weight of evidence where broker admitted delivered goods differed from those shown in inducing photographs. Photographic representations used to induce contract formation establish what parties bargained for and do not violate parol evidence rule. Trial court did not abuse discretion in excluding CFO's lay opinion testimony regarding reasonableness of equipment repair costs and percentage impact on project costs where testimony required specialized analytical conclusions beyond witness's personal knowledge under Evid.R. 701.HendricksonClermont 9/2/2025 9/2/2025 2025-Ohio-3108
State v. Gillis CA2025-01-006Anders no error.Per CuriamClinton 9/2/2025 9/2/2025 2025-Ohio-3109
State v. Buck CA2024-12-028Res judicata barred consideration of a bail bond company's argument that it should not have to satisfy the $10,000 forfeiture order as the criminal defendant had been apprehended, returned to the jurisdiction or the court, and sentenced. The bail bond company had been capable of raising this issue in its prior appeal challenging the forfeiture order.HendricksonFayette 9/2/2025 9/2/2025 2025-Ohio-3110
State v. Mahmoud CA2023-12-019In a reopened appeal, appellant did not receive ineffective assistance of appellate counsel resulting from his appellate counsel's failure to challenge his conviction to third-degree felony failure to comply with the order or signal of a police officer where appellant, who failed to object to the verdict form used by the jury at the trial court level, did not establish plain error given the evidence presented at trial clearly established the additional enhancing elements necessary to raise the offense from a misdemeanor of the first degree to a felony of the third degree.PiperFayette 8/25/2025 8/25/2025 2025-Ohio-3020
State v. Hixon CA2025-03-002The trial court did not abuse its discretion by denying appellant’s presentence motion to withdraw his guilty plea to 40 counts of fourth-degree felony pandering sexually oriented matter involving a minor upon remand where the trial court considered all necessary factors and determined that appellant’s motion represented nothing more than appellant’s change of heart regarding the State’s plea offer that included a recommended eight-year prison sentence.PiperFayette 8/25/2025 8/25/2025 2025-Ohio-3021
In re B.T. CA2025-03-024 & CA2025-03-025Juvenile court lacked jurisdiction to grant permanent custody of a child beyond the child's 18th birthday. Juvenile court erred in in finding that terminating mother's and father's parental rights and granting permanent custody of their daughter to a public children services agency was in the child's best interest.M. PowellClinton 8/25/2025 8/25/2025 2025-Ohio-3019
Batsche v. Batsche CA2024-12-097The trial court did not err in granting $150,000 in liquidated damages to plaintiff for civil theft by defendant. R.C. 2307.61 provides for liquidated damages "irrespective of whether the property is recovered." R.C. 2307.61 only requires a finding of civil theft to be entitled to liquidated damages set by the statute (if properly elected). WITH DISSENTING OPINION.SiebertClermont 8/25/2025 8/25/2025 2025-Ohio-3017
State v. Morgan CA2025-02-009The municipal abused its discretion by (1) imposing a recurring probation fee because the court itself (as opposed to its probation department) was supervising the probation, and (2) ordering the defendant to abstain from alcohol, drugs, and marijuana because nothing in the record indicated these substances played a role in the defendant's commission of theft.SiebertClermont 8/25/2025 8/25/2025 2025-Ohio-3018
Hicks v. Clermont Cty. Republican Cent. Commt. CA2025-01-005The law-of-the-case doctrine barred appellant's arguments challenging the court of appeals' 2024 opinion. Trial court did not err in granting a political party's motion for judgment on the pleadings and dismissing the complaint of an elected committeeperson of the political party. WITH CONCURRING AND DISSENTING OPINION.M. PowellClermont 8/18/2025 8/18/2025 2025-Ohio-2913
State v. Smith CA2025-02-012The trial court did not err by denying appellant's untimely petition for postconviction relief where he pled guilty to the offenses. As a result, he cannot satisfy the requirement under R.C. 2953.23(A)(1)(b) that he demonstrate, but for constitutional error at trial, no reasonable factfinder would have found him guilty.SiebertWarren 8/18/2025 8/18/2025 2025-Ohio-2914
In re L.D. CA2025-03-009, CA2025-03-010, CA2025-03-011, CA2025-03-012, CA2025-03-013, CA2025-03-014, CA2025-03-015, CA2025-03-016, CA2025-03-017, CA2025-03-018, CA2025-03-019, CA2025-03-020, CA2025-03-021, CA2025-03-022, CA2025-03-023An incarcerated parent's due process rights are adequately protected, even if he does not attend a permanent custody hearing pertaining to his children, where he was represented by counsel throughout the proceedings, his counsel adequately conveyed the parent's interest in reunifying with his children in the future and proffered the parent's expected testimony on the record. Counsel is not ineffective where there is no evidence to demonstrate that counsel's performance created an unjust result or that the proceeding would have been different. A children's services agency engages in reasonable case planning where it creates a case plan that, if completed along with the necessary behavioral changes, could reunify the family. The juvenile court's decision awarding permanent custody of Mother's children to a children's services agency is supported by sufficient evidence and the greater weight of the evidence where the agency established that Mother had not remedied the concerns that led to the children's removal and that the children could not be placed with Mother within a reasonable time period. The juvenile court did not err in failing to sua sponte order a six-month extension of temporary custody pursuant to R.C. 2151.415(D) where there is no evidence to support that the children could be reunified with Mother within a reasonable time. WITH DISSENT IN PART AND CONCURRENCE IN PART.HendricksonClinton 8/15/2025 8/15/2025 2025-Ohio-2892
State v. Eberle CA2025-01-001Appellant cannot meet the statutory requirements for filing an untimely petition for postconviction relief as he pled guilty to the offense. R.C. 2953.23(A)(1)(b). By pleading guilty, appellant admitted guilt to the substantive crime. As such, he has no basis to claim that a reasonable factfinder would not have found him guilty but for constitutional error at trial.HendricksonClermont 8/11/2025 8/11/2025 2025-Ohio-2813
In re C.L. CA2025-04-029; CA2025-04-030; CA2025-04-031; CA2025-04-032The juvenile court did not err in granting permanent custody to the Department of Job and Family Services. The decision was in the children's best interest because mother continued to expose her children to mental trauma and the risk of physical violence by being unwilling to meaningfully alter her relationship with father or sever her relationship with him. The Agency made reasonable efforts to help mother pursue this goal, including referrals to domestic violence support programs.SiebertClermont 8/11/2025 8/11/2025 2025-Ohio-2814
Potter v. South CA2024-02-030Appellants appeal grant of summary judgment in favor of medical providers in medical malpractice case. Under Civ.R. 26(B)(7)(a), appellants timely disclosed identity of expert witness through responses to written interrogatories. Appellants failed, under Civ.R. 26(B)(7)(b), to provide medical providers with appellants' expert's report and court properly granted summary judgment in favor of medical providers.ByrneButler 8/11/2025 8/11/2025 2025-Ohio-2812
State v. Eads CA2024-11-074Appellant's conviction for one count of third-degree felony gross sexual imposition in violation of R.C. 2907.05(A)(4) was not against the manifest weight of the evidence where the jury believed the testimony of the victim describing appellant having used both his hands and his penis to touch her thighs at a time when she was less than 13 years of age.PiperWarren 8/11/2025 8/11/2025 2025-Ohio-2815
State v. Colquitt CA2024-12-090 & CA2024-12-094Appellant's constitutional right to a speedy trial following reversal and remand from his first appeal was not violated. Appellant was responsible for much of the delay, failing to appear at hearings and filing numerous motions and notices of appeal. Trial court did not err by not merging appellant's two failure to comply offenses and obstructing official business offense where each involved separate victims and separate identifiable harms.PiperWarren 8/4/2025 8/4/2025 2025-Ohio-2727
State v. Hollon CA2024-10-075Defendant, convicted of rape of a minor under 10 years of age. Sufficient evidence of anal penetration to support conviction. Victim testified that defendant "poked" her "butthole" causing pain. Reasonable jurors could conclude that forceful poking was sufficient to demonstrate penetration of the anus. Conviction was supported by weight of the evidence.ByrneClermont 8/4/2025 8/4/2025 2025-Ohio-2725
Donahue-Jones v. Roberts CA2025-03-010The trial court did not err by granting appellees' motion to dismiss appellant's complaint for failing to state a claim upon which relief could be granted under Civ.R. 12(B)(6) where appellant's allegations that appellees had acted recklessly by entrusting appellant's 16-year-old daughter to operate the appellees' all-terrain vehicle were nothing more than bare legal conclusions that were not supported by any operative facts so as to overcome the appellees' motion to dismiss given the clear application of the primary assumption of risk doctrine to the case at bar.PiperMadison 8/4/2025 8/4/2025 2025-Ohio-2726
State v. Moore CA2024-10-123Appellant's conviction for criminal trespass was not against the manifest weight of the evidence where the property owner testified she saw appellant only two inches from her dining room window, despite appellant knowing that he did not have permission to be on her property. Where the sentencing entry mistakenly listed the manner of conviction as a guilty plea when appellant was convicted following a bench trial, the case was remanded for the limited purpose of having the trial court issue a nunc pro tunc sentencing entry to correct the manner of conviction.HendricksonButler 7/28/2025 7/28/2025 2025-Ohio-2623
FirstKey Homes v. Howard-McClain CA2025-03-022The trial court did not err by granting appellee's complaint for forcible entry and detainer against appellants where the trial court had jurisdiction to rule on the case and where, even though the trial court may have failed to swear in an appellant before he testified, appellants waived that error by failing to object to the trial court's omission.PiperButler 7/28/2025 7/28/2025 2025-Ohio-2624
In re N.L. CA2025-03-023Mother appeals a grant of permanent custody of children to children's services agency. Grant of permanent custody supported by clear and convincing evidence. Children removed due to allegations Mother and boyfriend using methamphetamine and planning on selling the children to human traffickers.ByrneButler 7/28/2025 7/28/2025 2025-Ohio-2625
State v. Sperry CA2024-12-087Motorist's convictions for aggravated vehicular homicide and aggravated vehicular assault were supported by sufficient evidence and were not against the manifest weight of the evidence. Trial court properly questioned the State's accident reconstruction expert after cross-examination.M. PowellWarren 7/28/2025 7/28/2025 2025-Ohio-2626
State v. Todd CA2024-07-046Defendant's convictions for misdemeanor menacing by stalking supported by sufficient evidence and the weight of the evidence, which demonstrated that the defendant knowingly caused the victim to believe she would cause him physical harm. Trial court did not commit prejudicial error where it referred to the felony sentencing guidelines in the sentencing entry. Trial court inadvertently checked box on sentencing form imposing community control. Court of appeals remanded for the issuance of a nunc pro tunc entry correcting clerical error.ByrneWarren 7/21/2025 7/21/2025 2025-Ohio-2559
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