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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Bey v. McGookey E-26-022Trial court does not unduly delay in ruling on motions that have been pending for less than 120 days. SulekSulekErie 5/8/2026 5/8/2026 2026-Ohio-1685
State v. Eliyas H-25-013Trial court did not err in permitting plea agreement testimony by co-defendant. Parties concur case must be remanded for resentencing given trial court’s failure to tender the R.C. 2929.19(B)(2)(c) Tokes mandatory advisements to appellant at sentencing. Judgment affirmed, in part, reversed, in part, and remanded for resentencingOsowikHuron 5/8/2026 5/8/2026 2026-Ohio-1682
In re L.G. H-25-018; H-25-019Juvenile court’s award of legal custody of two minor children to Father with supervised visitation for Mother is not an abuse of discretion where Mother’s boyfriend hits the children with a belt and the children are out of control with her and she has not demonstrated an ability to parent the children unsupervised, and where the children are doing well with Father, are bonded with his family, are succeeding in school, and are progressing in their counseling.SulekHuron 5/8/2026 5/8/2026 2026-Ohio-1684
State ex rel. Alexander v. Howe L-26-00114Sulek, Complaint properly invokes jurisdiction of the housing court, such that writs of prohibition and mandamus are not warranted, where it states the essential facts of the offense, states the numerical designation of the applicable ordinance, and is made upon oath before the Deputy Clerk. Any alleged defects regarding the file stamp or defendant’s date of birth do not affect the housing court’s jurisdiction.SulekLucas 5/8/2026 5/8/2026 2026-Ohio-1683
State v. Parks L-25-00228Osowik. Affirming the trial court’s denial of a motion to suppress related to traffic stop.OsowikLucas 5/5/2026 5/5/2026 2026-Ohio-1629
Polk v. Polk L-25-00241Per Mayle, J., appellate court lacks jurisdiction to consider issues related to judgment entries for which appellant did not file notices of appeal. Appellant did not file transcripts, so appellate court must presume regularity of trial court proceedings.MayleLucas 5/5/2026 5/5/2026 2026-Ohio-1630
State ex rel. Toledo Hosp. v. Olender L-25-00294R.C. 2743.02 does not divest a common pleas court of subject-matter jurisdiction over a wrongful death claim against a private hospital under a theory of agency-by-estoppel for the allegedly negligent actions of an immune state-employed physician.SulekLucas 5/5/2026 5/5/2026 2026-Ohio-1631
S.W. v. D.R. L-25-00158Judge Duhart. Trial court did not err in denying petitioner’s request for a renewal of a domestic violence civil protection orderDuhartLucas 5/5/2026 5/5/2026 2026-Ohio-1632
State ex rel. Williamson v. Toledo L-26-00101Relator not entitled to extraordinary writ of prohibition. Named respondents are not subject to prohibition as they cannot exercise judicial or quasi-judicial power over appellant’s pending criminal action.Gene A. ZmudaLucas 5/5/2026 5/5/2026 2026-Ohio-1633
State v. Baker S-24-023No trial court error in denying appellant’s motions to suppress and to recuse, followed by a jury trial convicting appellant for eight offenses and resentencing him for them upon remand. No ineffective assistance of counsel. Judgment affirmed. Osowik.OsowikSandusky 5/5/2026 5/5/2026 2026-Ohio-1628
State v. Franks WD-25-015Duhart. Motion to suppress was properly denied. Operating a vehicle impaired ("OVI") conviction was supported by the sufficiency and manifest weight of the evidence. Matter remanded for limited purpose of resentencing Franks to a definite term, not to exceed 6 months, at SEARCH.DuhartWood 5/1/2026 5/1/2026 2026-Ohio-1594
In re R.M. H-25-021Duhart. Shelter care. Dependent children. Overdose.DuhartHuron 5/1/2026 5/1/2026 2026-Ohio-1591
State v. Clements L-25-00145Per Zmuda, J., court lacks jurisdiction over assignments of error relating to judgment denying post-sentence motion to withdraw plea, which was a final judgment that was not appealed. Trial court abused its discretion in assessing costs of appointed counsel after finding that defendant lacked present or future ability to pay costs of prosecution.ZmudaLucas 5/1/2026 5/1/2026 2026-Ohio-1589
State v. Gaston L-25-00220Zmuda, J., writing for the majority, finds a matter of law that appellant’s assigned error is not subject to this court’s review. Judgment affirmed.ZmudaLucas 5/1/2026 5/1/2026 2026-Ohio-1590
Stapleton v. Powers L-24-1299Zmuda, J., writing for the majority affirms the judgment, finding no error by trial court in granting summary judgment and awarding attorney fees for appellees’ pro se filings that the trial court determined were in bad faith, vexatious, and oppressive.ZmudaLucas 5/1/2026 5/1/2026 2026-Ohio-1592
Saari v. Fieweger L-25-00084, L-25-00093The unequal distributive award was not supported by findings in the record. The trial court did not abuse its discretion in setting an alternative date for valuing marital assets and terminating temporary support orders retroactive to the date of the final hearing. The court’s valuation of newly vested stocks and options is conflicting and not supported by the record but the order for a third-party valuation of the marital value of unvested stock was within the court’s authority.SulekLucas 5/1/2026 5/1/2026 2026-Ohio-1593
In re Z.H.H. L-25-00028Zmuda, J., writing for the majority, finds that the trial court did not err in finding that the parties entered into an enforceable agreement to share custody of the children. Trial court did not err in utilizing a standard parenting agreement to award custodial rights to nonparent. Appellant was required to obey trial court’s order unless and until it was vacated or modified. Trial court did not err in finding appellant in contempt when she chose to violate orders she believed were invalid. Trial court had no legal basis for granting attorney fees incurred during trial to appellee.ZmudaLucas 5/1/2026 5/1/2026 2026-Ohio-1595
State v. Thompson F-25-008Summary: Zmuda, J., writing for the majority affirms the judgment, finding sufficient, credible evidence to support the strangulation conviction.ZmudaFulton 4/24/2026 4/24/2026 2026-Ohio-1491
State v. Castaneda L-25-00147Appellant’s maximum sentence was not contrary to law.SulekLucas 4/24/2026 4/24/2026 2026-Ohio-1490
State v. Mitchell L-25-00050Convictions for aggravated murder and strangulation are not based on insufficient evidence or against manifest weight of the evidence where defendant’s DNA was under victim’s fingernails, defendant had a new scar by his right eye, defendant lied about the last time he saw the victim, and defendant gave an alibi for a specific time when he otherwise would not have known when the victim was killed. Aggravated murder and strangulation do not merge where offenses had dissimilar import.SulekLucas 4/24/2026 4/24/2026 2026-Ohio-1492
State v. Tunison OT-25-024Per Mayle, J., although the trial court had a duty to record appellant-Paul Tunison’s sentencing hearing, Tunison did not attempt to reconstruct the hearing pursuant to App.R. 9 and explain how he was prejudiced by the missing recording. Accordingly, we find his sole assignment of error not well-taken and affirm the April 14, 2025 judgment of the Ottawa County Court of Common Pleas.MayleOttawa 4/21/2026 4/21/2026 2026-Ohio-1432
State v. Gebrosky WD-25-053, WD-25-005Judge Duhart, post-conviction relief, res judicata, indigent petitioner’s right to be represented by counsel in a postconviction proceeding.DuhartWood 4/21/2026 4/21/2026 2026-Ohio-1430
State v. Symington WD-25-047Appellant’s prison sentence for a fifth-degree felony was supported by the record and not contrary to law.SulekWood 4/21/2026 4/21/2026 2026-Ohio-1431
In re J.R. E-25-029, E-25-030, E-25-031, E-25-033, E-25-034Zmuda, writing for the majority affirmed the judgment of the juvenile court which determined termination of parental rights was in the best interest of the children.ZmudaErie 4/20/2026 4/20/2026 2026-Ohio-1420
LVNV Funding, L.L.C. v. Smith E-25-044Trial court does not abuse its discretion in denying Civ.R. 60(B) motion for relief where movant does not demonstrate a meritorious defense. Presumption of proper service by certified mail is not rebutted where service was sent to defendant’s address on her credit account, was signed for, and where defendant filed an appearance to contest jurisdiction three weeks later. Judgment entered after notice of appeal not subject to review where appellant did not amend her notice of appeal to include it.SulekErie 4/17/2026 4/17/2026 2026-Ohio-1404
State v. Shabaa L-25-00159, L-25-00160Per Mayle, J., trial court violated R.C. 2981.12(G) when it permitted funds forfeited by consent judgment in civil forfeiture proceeding to be applied against fines imposed in related criminal case. Trial court lacked authority to permit funds forfeited under terms of plea agreement to be applied to fines imposed in criminal case where plea agreement provided that forfeited funds would be disbursed to State and police department.MayleLucas 4/17/2026 4/17/2026 2026-Ohio-1403
State v. Pontious F-25-003, F-25-004, F-25-005Per Mayle, J., trial court did not err by denying appellant’s motion for new trial because error in admitting annotated signature sheet was harmless, State’s failure to list witness on witness list was not willful, and appellant was not prejudiced by State’s failure to disclose original signature sheet. Appellant’s statements were admissible without probation officer giving Miranda warnings. Appellant’s convictions are supported by sufficient evidence and not against weight of the evidence.MayleFulton 4/14/2026 4/15/2026 2026-Ohio-1367
In re E.D.-P. L-25-00246Finding that mother did not demonstrate by clear and convincing evidence that she could parent her child notwithstanding having permanent custody of other children awarded to Lucas County Children Services ("LCCS") is not against the manifest weight of the evidence where there has been no change in the circumstances that warranted the removal of her older children.SulekLucas 4/9/2026 4/9/2026 2026-Ohio-1294
State v. Wilson L-25-00130Sulek, J., Trial court’s order imposing prison term of seven to ten-and-a-half years was not excessive despite the State’s recommendation of a seven-year prison term pursuant to a plea agreement. The trial court informed appellant during plea hearing that it was required to impose a minimum and a maximum sentence pursuant to Reagan Tokes law.SulekLucas 4/8/2026 4/8/2026 2026-Ohio-1166
In re J.J. L-25-00257, L-25-00258Judge Duhart. Permanent custody complaint. Domestic violence. Substance abuse. Housing issues. Parental rights involuntarily terminated to other children.DuhartLucas 4/8/2026 4/8/2026 2026-Ohio-1269
State v. Brewer L-25-00232Per Osowik, J., There is no abuse of discretion by the trial court in the imposition of a maximum sentence in a misdemeanor offense when an offender whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future criminal offense. R.C.2929.22(C).OsowikLucas 3/31/2026 3/31/2026 2026-Ohio-1159
State v. Koonce L-25-00060Per Mayle, J., trial court did not err by declining to give a cautionary instruction under R.C. 2933.81(D) regarding appellant’s unrecorded custodial interview. The Ohio Constitution does not require custodial interviews to be recorded. The trial court did not commit plain error by including a flight instruction or in formatting its jury instructions or verdict forms. Appellant’s counsel was not ineffective. Appellant’s convictions are supported by the weight of the evidence.MayleLucas 3/31/2026 3/31/2026 2026-Ohio-1165
State ex rel. Dula v. Walz L-26-00059Trial court does not have a legal duty to rule on a discovery motion in a criminal case after the defendant enters a no-contest plea and is found guilty and sentenced.SulekLucas 3/31/2026 3/31/2026 2026-Ohio-1167
Sullinger v. Sullinger L-25-00169Zmuda, J., writing for the majority reverses the judgment only as it relates to the time provided by the trial court for compliance with the modified spousal support order; trial court adopted magistrate’s decision after two years, without addressing the result of the passage of time on the magistrate’s schedule for paying spousal support and arrearage, requiring reversal and remand to the trial court to address payment schedule for modified spousal support order.ZmudaLucas 3/31/2026 3/31/2026 2026-Ohio-1171
State v. Doolittle WD-25-009Duhart. Not guilty by reason of insanity. Waiver of jury trial.DuhartWood 3/31/2026 3/31/2026 2026-Ohio-1160
Gerkens v. Gerkens WD-25-056Where trial court finds that an equal division of property is equitable, it abuses its discretion by overruling objection to magistrate decision and finding that the value of the marital property is the stipulated value, but where the record shows that the stipulated value was based on a mutual mistake, resulting in the husband being required to pay an extra $120,000. Trial court erred in finding that husband’s mother’s $40,000 payment towards marital liabilities was not debt that should be accounted for.SulekWood 3/31/2026 3/31/2026 2026-Ohio-1161
State v. Heath WD-25-035No trial court sentencing error. Judgment affirmed. OsowikOsowikWood 3/31/2026 3/31/2026 2026-Ohio-1163
State v. Schooner WD-25-044Per Osowik, J., Appeal is dismissed. The merits of appellant’s assignments cannot be addressed because the completion of his jail-time sanction renders his appeal moot.OsowikWood 3/31/2026 3/31/2026 2026-Ohio-1169
State v. O'Brien WD-23-055Trial court loses jurisdiction to act once an appeal has been taken and decided, unless the action pertains to an issue that is not inconsistent with the jurisdiction of the appellate court to review, affirm, modify, or reverse the appealed judgment. Crim.R. 32.1 motion is inconsistent with the appellate court’s jurisdiction to affirm the conviction premised upon that plea. The trial court, therefore, lacks jurisdiction to consider a Crim.R. 32.1 motion after the conviction has been affirmed on appeal.SulekWood 3/31/2026 3/31/2026 2026-Ohio-1173
U.S. Asset Mgt., Inc. v. Howansky WD-25-043Zmuda, J., writing for the majority affirms the judgment for plaintiff in collection action where defendant did not object to the supporting evidence of debt and amount owed, proffered in support of summary judgment.ZmudaWood 3/31/2026 3/31/2026 2026-Ohio-1170
State v. Betz OT-25-030Judge Duhart. Judgment affirmed. Trial court had discretion under R.C. 2929.13(B) to sentence appellant to prison and his arguments regarding mitigation were not reviewable by the appellate court.DuhartOttawa 3/31/2026 3/31/2026 2026-Ohio-1158
In re E.W. OT-25-025Duhart. Child custody. Mother. Grandmother.DuhartOttawa 3/31/2026 3/31/2026 2026-Ohio-1164
Lashaway v. Lashaway WM-25-009, WM-25-010Per Duhart, J., trial court’s findings of fraud, undue influence, and unjust enrichment are not against the manifest weight of the evidence. Trial court had discretion to give appraiser’s testimony whatever weight it chose. Appellant breached the trust, so trial court properly rescinded deed. Trial court’s interpretation of trust is consistent with the plain language of the trust. Trial court did not abuse its discretion when fashioning remedy for breach of trust.DuhartWilliams 3/31/2026 3/31/2026 2026-Ohio-1168
State v. Schafer WM-25-018Mayle. Appellant’s conviction for failure to comply was supported by sufficient evidence and was not against the manifest weight of the evidence. The trial court’s forfeiture order is ordered vacated because the jury did not make a finding of forfeiture pursuant to R.C. Chapter 2981.MayleWilliams 3/31/2026 3/31/2026 2026-Ohio-1172
State v. Gonzales WD-25-024 & WD-25-034There was no plain error in standby counsel’s participation in sidebar conferences, the court did not err in excluding exhibits and evidence, and the conviction for failure to register was supported by sufficient evidence.SulekWood 3/27/2026 3/27/2026 2026-Ohio-1079
State v. Livingston WD-25-036Where no objection was raised, appellant failed to establish plain error where, in contravention of the plea agreement, the State’s comments at sentencing were an attempt to influence his sentence.SulekWood 3/27/2026 3/27/2026 2026-Ohio-1080
State v. Beardsley WD-25-038Duhart. The trial court’s judgment is affirmed. The convictions were not against the manifest weight of the evidence. The trial court, in sentencing separately for counts 1 and 2 did not err simply because the parties agreed that they should merge.DuhartWood 3/27/2026 3/27/2026 2026-Ohio-1083
State v. Mayes L-25-00098Per Mayle, J., defendant waived error respecting admission of excited utterances by stating that he had “no objection” when State sought to admit the evidence. State presented evidence of “knowingly” where defendant fired eight shots in residential neighborhood in middle of afternoon while children played outside. Convictions not against manifest weight of evidence. On State’s cross-appeal, sentence contrary to law where wrong subsection cited and court failed to impose maximum indefinite prison term.MayleLucas 3/27/2026 3/27/2026 2026-Ohio-1081
State v. Sweet L-25-00111Per Sulek, J., court cannot say that record clearly and convincingly does not support trial court’s finding that consecutive sentences were not disproportionate to seriousness of appellant’s conduct and danger he poses to public. Appellant did not demonstrate reasonable probability that, but for counsel’s errors, he would not have entered guilty plea. Record is devoid of evidence from which court can conclude that appellant’s conduct did not support elevated degrees of offenses.SulekLucas 3/27/2026 3/27/2026 2026-Ohio-1082
TT419, Inc. v. JOGA Holdings Corp. L-25-00135Osowik. The trial court properly determined that landlord/appellee JOGA made a reasonable effort to re-rent the premises following tenant/appellant TT419’s breach of the parties’ lease agreement. Appellants have failed to show that JOGA failed to make reasonable efforts to mitigate the damages resulting from appellant’s breach of the lease agreement.OsowikLucas 3/24/2026 3/25/2026 2026-Ohio-1022
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