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Johnson v. Durrani
| C-250064 | EXPERT TESTIMONY — STANDARD OF CARE — DEFENDANT’S ABSENCE — JURY INSTRUCTION — JOINT TRIAL —PREJUDGMENT INTEREST — ATTORNEY FEES: The trial court erred by permitting an expert neuroradiologist to testify to a surgeon’s standard of care involving operative notes where the expert’s testimony did not establish that he was qualified to testify about whether a surgeon’s failure to write an operative note breached the standard of care, but that error was harmless because the jury interrogatories showed that the expert’s testimony involving operative notes had no effect on the jury’s verdict. The trial court erred by instructing the jury that it was required to make an adverse inference against defendant based on defendant’s absence from trial, but that error was harmless because the instructions as a whole informed the jury that inferences were permissive. The trial court did not err in awarding plaintiff prejudgment interest where defendant’s argument on appeal that plaintiff failed to make a pretrial settlement offer was refuted by defendant’s arguments before the trial court. The trial court erred in awarding plaintiff attorney fees following a jury verdict on plaintiff’s claim for negligence where attorney fees were not authorized by statute, a contract, or a finding of bad faith or malice on defendant’s part. | Bock | Hamilton |
10/14/2026
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10/14/2026
| 2026-Ohio-4036 |
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State v. Rodriguez
| C-240075 | CHILD ENDANGERING—INEFFECTIVE ASSISTANCE—JURY INSTRUCTIONS—VERDICT FORMS—FAILURE TO OJBECT: Where Ohio law does not require jury instructions or verdict forms to include the factual context of each count when a defendant is charged with multiple counts of the same offense, trial counsel were not ineffective for failing to object to jury instructions and verdict forms that did not factually differentiate the counts. | Crouse | Hamilton |
10/14/2026
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10/14/2026
| 2026-Ohio-4035 |
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State v. Anderson
| C-260031, C-260032 | CRIM.R. 11 — DISCOVERY — INEFFECTIVE ASSISTANCE OF COUNSEL: Defendant’s guilty pleas were knowingly, voluntarily, and intelligently entered because the trial court complied with Crim.R. 11 and defendant failed to show that he entered the pleas under pressure or duress. Trial counsel was not ineffective for failing to provide discovery materials to defendant or stating that defendant’s charges could be reduced at trial while representing him in pleading guilty, because defendant failed to show that he was prejudiced. | Kinsley | Hamilton |
10/9/2026
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10/9/2026
| 2026-Ohio-3974 |
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State v. Cornist
| C-260085 | ASSAULT — INEFFECTIVE ASSITANCE OF COUNSEL — SUFFICIENCY OF THE EVIDENCE — MOTION TO STAY — MOOTNESS: Defendant’s appeal was not moot because he moved in the trial court to stay his sentence pending appeal, demonstrating that the time he served following the denial of his motion for a stay was not served voluntarily. Defendant’s conviction for assault was supported by sufficient evidence where the victim identified the defendant as the assailant who caused him physical harm. Defendant did not establish ineffective assistance of counsel because he did not show a reasonable probability that counsel’s failure to file a motion to dismiss on speedy trial grounds affected the outcome of his trial, nor did he demonstrate that his attorney performed deficiently by failing to file such a motion where the record on appeal did not contain the record of a case filed and dismissed that was necessary to establish ineffective assistance. | Kinsley | Hamilton |
10/9/2026
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10/9/2026
| 2026-Ohio-3975 |
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State v. Books
| C-260116 | CRIMINAL DAMAGING — SUFFICIENCY — MANIFEST WEIGHT — RESTITUTION: Defendant’s conviction for criminal damaging was supported by sufficient evidence and not contrary to the manifest weight of the evidence where the State presented video evidence of defendant repeatedly jumping on the victim’s truck. The trial court’s restitution award was supported by competent, credible evidence where the victim testified about the damage to his truck and introduced the repair estimate as evidence. | Nestor | Hamilton |
10/7/2026
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10/7/2026
| 2026-Ohio-3946 |
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