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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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In re A.U.
| 24CA4079 | permanent custody, manifest weight of the evidence, R.C. 2151.414(D)(1), best interest | Hess | Scioto |
11/18/2024
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11/20/2024
| 2024-Ohio-5464 |
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State v. Caldwell
| 23CA1 | Jury, deliberations, deadlocked, jury instructions, discretion, coercive, plain error, manifest miscarriage of justice, Ineffective assistance of counsel, prejudice, manifest weight of the evidence | Wilkin | Jackson |
11/15/2024
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11/22/2024
| 2024-Ohio-5506 |
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In re B.M.
| 24CA9 & 24CA15 | Permanent custody—trial court’s permanent custody judgment was not against the manifest weight of the evidence; evidence showed that mother continuously and repeatedly failed to remedy the conditions that caused the children’s removal and that father lacked any commitment to the children; evidence established that placing children in the agency’s permanent custody would serve their best interests | Wilkin | Athens |
11/15/2024
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11/22/2024
| 2024-Ohio-5505 |
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State v. Lewis
| 23CA36 | manifest weight of the evidence, R.C. 2903.02(A), murder, misdemeanor sentence, consecutive sentence, R.C. 2929.41(A), R.C. 2929.41(B)(1), R.C. 2929.41(B)(3) | Hess | Lawrence |
11/15/2024
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11/21/2024
| 2024-Ohio-5490 |
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State v. Allen
| 24CA1187 | Theft; restitution; notice of sentencing hearing to victim and prosecution; Marsy’s Law; State’s appeal; appeal as of right; leave to appeal; lack jurisdiction; Ohio Constitution, Article I, Section 10a; Ohio Constitution, Article IV, Section (3)(B)(2); App.R. 5(A); R.C. 2929.18(A)(1); R.C. 2929.28(A)(1); R.C. 2929.01(L); R.C. 2945.67(A) | Wilkin | Adams |
11/7/2024
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11/14/2024
| 2024-Ohio-5386 |
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In re K.A.
| 24CA7 | PERMANENT CUSTODY - Trial court's decision to grant agency permanent custody of the child was not against the manifest weight of the evidence; trial counsel did not fail to provide effective assistance of counsel. | Smith | Athens |
11/5/2024
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11/18/2024
| 2024-Ohio-5430 |
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In re F.W.
| 24CA6 | PERMANENT CUSTODY - Trial court's judgment granting agency permanent custody of two children was not against the manifest weight of the evidence; the children's father failed repeatedly and continuously to remedy the conditions that caused the children's removal by failing to obtain a suitable home for the children; evidence supported trial court's finding that placing the children in the agency's permanent custody is in their best interest; although the children wished to be reunited with their father, they were thriving in the foster home and having all of the needs met, and father lacked an adequate permanent home for the children. | Smith | Athens |
11/5/2024
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11/18/2024
| 2024-Ohio-5431 |
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State v. Prater
| 23CA1178 | Trial court properly denied motion to suppress evidence, sufficient evidence supported conviction, conviction not against the manifest weight of the evidence, and no prejudice when unadmitted exhibit inadvertently given to the jury. | Abele | Adams |
11/4/2024
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11/12/2024
| 2024-Ohio-5367 |
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Smith v. Clement
| 23CA28, 23CA29 | peremptory writ; clear legal duty; abolish; amend; initiative; petition; city charter; laches; mootness | Hess | Athens |
10/31/2024
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10/31/2024
| 2024-Ohio-5220 |
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State v. Woods
| 22CA3979 | R.C. 2925.03: Trafficking in Cocaine; R.C. 2925.11: Possession of Cocaine; R.C. 2923.24: Possessing Criminal Tools; Traffic Stop; Fourth Amendment; Ineffective Assistance of Counsel, Subpoena; Motion to Suppress Evidence; R.C. 2941.25: Merging Offenses of Similar Import, De Novo; Manifest Weight of the Evidence; R.C. 2929.18; Considering a Defendant’s Ability to Pay a Fine; Right to Confront Witnesses, Article I, Section 10 of the Ohio Constitution, Sixth Amendment to the United States Constitution; Harmless Error | Wilkin | Scioto |
10/29/2024
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11/6/2024
| 2024-Ohio-5301 |
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In re Ka.R.
| 24CA4057 | Permanent custody—trial court’s permanent custody judgment was not against the manifest weight of the evidence; evidence showed that mother failed to recognize that children needed life-saving care and lacked protective capacity and that children are thriving in the foster home | Wilkin | Scioto |
10/29/2024
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11/6/2024
| 2024-Ohio-5302 |
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In re R.R.
| 24CA1197 | Permanent custody—trial court violated mother’s due process rights by granting agency permanent custody of child without affording mother complete and meaningful hearing and by granting agency permanent custody based upon R.C. 2151.414(B)(1)(d) when evidence failed to show that child had been in the agency’s temporary custody for 12 or more months of a consecutive 22-month period | Wilkin | Adams |
10/29/2024
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11/6/2024
| 2024-Ohio-5300 |
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State v. Shamblin
| 23CA9 | CRIMINAL-EVIDENCE OF PRIOR OVI CONVICTION-ESSENTIAL ELEMENT - Pursuant to State v. Brooke, 2007-Ohio-1533, when existence of a prior conviction does not simply enhance the penalty but transforms the crime itself by increasing its degree, the prior conviction is an essential element of the crime and must be proved by the State; Because the State is required to prove all elements beyond a reasonable doubt, a defendant is not entitled to bifurcate proceedings or waive a jury trial on one element alone, reaffirming State v. Leasure, 2015-Ohio-5327 (4th Dist.). | Smith | Pickaway |
10/28/2024
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11/6/2024
| 2024-Ohio-5315 |
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State v. Stodgel
| 23CA15 | Trial counsel did not provide ineffective assistance of counsel and appellant's consecutive sentences are not clearly and convincingly contrary to law. | Abele | Ross |
10/23/2024
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10/29/2024
| 2024-Ohio-5182 |
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Bethel Oil & Gas, L.L.C. v. Redbird Dev., L.L.C.
| 23CA5 | judgment reversed and remanded. | Abele, J. | Washington |
10/23/2024
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11/5/2024
| 2024-Ohio-5285 |
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In re L.L.
| 24CA10 | Permanent custody-trial court's judgment placing child in the agency's permanent custody was not against the manifest weight of the evidence; parents were incarcerated due to child's sibling's death as a result of a fentanyl overdose; child also had overdosed on fentanyl but had recovered; trial court had no obligation to place child in grandmother's legal custody when evidence showed that placing the child in the agency's permanent custody would serve his best interest. | Abele | Pickaway |
10/23/2024
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10/31/2024
| 2024-Ohio-5219 |
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In re V.C.
| 24CA8 | Best interest of the children; dependency adjudication; final appealable order; res judicata; permanent custody; wishes of the child; interrelationships with caregivers; secure permanent placement | Hess | Athens |
10/23/2024
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10/28/2024
| 2024-Ohio-5153 |
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In re B.S.
| 24CA4069 | Permanent custody-trial court's judgment was not against the manifest weight of the evidence; evidence showed that appellant remained living with her boyfriend even though the agency informed appellant that her boyfriend was a "problem" appellant agreed that staying in a relationship with her boyfriend was not healthy and had been close to reunifying with the children, but she decided to abandon her efforts to reunify with the children and returned to living with her boyfriend; the children stated that they did not want to live with appellant's boyfriend; the children made some abuse allegations involving appellant's boyfriend; and the children had been in the agency's temporary custody for more than two years when the agency filed its permanent custody motion any failure of guardian ad litem to comply with Sup.R. 48.03 did not constitute reversible error and did not affect the outcome of the proceedings. | Abele | Scioto |
10/23/2024
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10/29/2024
| 2024-Ohio-5183 |
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State v. Seymour
| 23CA8 | CRIMINAL - FELONY SENTENCING - JUDICIAL RELEASE - Because R.C. 2929.20 only permits sentencing courts to grant judicial release to offenders serving non-mandatory prison terms, the trial court's erroneous labeling of defendant's prison terms as "mandatory by operation of law" in the sentencing entry must be reversed and remanded for the issuance of nunc pro tunc order. | Smith | Jackson |
10/18/2024
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10/29/2024
| 2024-Ohio-5186 |
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State v. Smith
| 22CA17 | CRIMINAL-SPEEDY TRIAL-MANIFEST WEIGHT OF THE EVIDENCE-PROSECUTORIAL MISCONDUCT-BRADY VIOLATION - Where reasons of Appellant's own making caused Appellant to be without counsel for a substantial period of time, and it was reasonable to give new counsel an opportunity to review Appellant's case and prepare for trial, trial court's continuance was reasonable and court did not abuse its discretion by denying Appellant's motion to dismiss based on speedy trial. Where Appellant did not raise a second speedy trial motion subsequent to the trial court's denial of first motion, issue is waived for purposes of appeal; Appellant's conviction for felony theft is not against the manifest weight of the evidence where the jurors were presented voluminous testimony, jurors were in the best position to consider the credibility of the witnesses and resolve conflicts in the evidence, and obviously found prosecution's witnesses and theory of the case more believable than defense witnesses and theory of the case, particularly with regard to characterization of texts presented on parties' joint exhibit; Appellant did not demonstrate that prosecution committed Brady violation by later withholding electronic devices seized by properly executed search warrant where Smith retained possession of his devices subsequent to his indictment in September 2019 and prior to execution of the search warrant in October 2021, and common sense would dictate that Appellant should have reviewed his devices for materially exculpatory information at some point during two-year time period and especially after his first trial date was scheduled in March 2020; further, record indicates Appellant was given opportunity to work with the State in order to retrieve the information contained on his devices and failed to make any attempt to do so; key consideration is that Appellant did not establish that the evidence claimed to be on the devices was materially exculpatory. | Smith | Washington |
10/18/2024
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10/28/2024
| 2024-Ohio-5168 |
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State v. Crumpton
| 23CA4024 | nonunanimous verdict; Crim.R. 31(A); R.C. 2945.171; Crim.R. 52(B); motion to dismiss; selective enforcement; sufficiency of the evidence; aggravated trafficking in drugs; R.C. 2925.03(A)(2); R.C. 2923.03(A)(2); constructive possession; aiding and abetting | Hess | Scioto |
10/18/2024
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10/22/2024
| 2024-Ohio-5064 |
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State v. Andrews
| 22CA28 | Bribery, R.C. 2921.02, sufficiency of the evidence, manifest weight of the evidence, prosecutorial misconduct, plain error | Wilkin | Franklin |
10/8/2024
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10/18/2024
| 2024-Ohio-5023 |
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State v. Clark
| 23CA20 | CRIMINAL, PLEAS, CRIM.R. 11(C)(2), Reagan Tokes R.C. 2929.19(B)(2)(c) - No authority suggests that Reagan Tokes notifications, R.C. 2929.19(B)(2)(c) notifications does not invalidate an appellant's otherwise knowing, intelligent, and voluntary plea. | Smith | Pickaway |
10/7/2024
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10/11/2024
| 2024-Ohio-4930 |
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State v. Watson
| 23CA25 | CRIMINAL-FELONY SENTENCING-PROPORTIONALITY-CONSISTENCY IN SENTENCING - The trial court's imposition of maximum and consecutive sentences is affirmed where the trial court stated it had considered the principles and purposes of felony sentencing under R.C. 2929.11 and had balanced the seriousness and recidivism factors under R.C. 2929.12, and where the trial court made the necessary findings for imposition of consecutive sentences; consistency-in-sentencing arguments must first be raised at the trial court level in order to be preserved for appellate review. | Smith | Pickaway |
10/7/2024
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10/16/2024
| 2024-Ohio-4992 |
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State v. Thompkins
| 22CA11 | Aggravated trafficking in drugs; methamphetamine; motion to continue trial; motion to substitute counsel; counsel of choice; abuse of discretion; motion to suppress; probable cause; reasonable articulable suspicion; traffic stop; car-length rule; ineffective assistance of counsel; counsel’s failure to file a motion to suppress search of bag in trunk of vehicle; counsel’s failure to retain DNA/fingerprint expert; counsel’s failure to call witnesses; counsel’s failure to inform defendant of no contest plea option; counsel’s failure to question during voir dire of potential racial prejudice and jury’s opinion if defendant does not testify; “trial tax” of imposing a sentence greater than plea offer; and Reagan Tokes Act unconstitutional – violates separation-of-power, right to a jury trial, and due process | Wilkin | Pickaway |
10/3/2024
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10/11/2024
| 2024-Ohio-4927 |
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State v. Nussbaum
| 23CA20 | Defendant waived for appellate review the issue as to whether his speedy trial rights were violated and defense counsel's failure to file a motion to dismiss on speedy trial grounds was not ineffective assistance of counsel. | Abele | Gallia |
9/20/2024
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9/26/2024
| 2024-Ohio-4688 |
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State v. Bailey
| 23CA1182 | Record supports imposition of consecutive sentences. | Abele | Adams |
9/19/2024
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9/24/2024
| 2024-Ohio-4641 |
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State v. McKinney
| 23CA21 | Ineffective assistance of counsel-trial counsel did not fail to provide the effective assistance of counsel-sufficient evidence supported appellant's eight rape convictions and convictions were not against the manifest weight of the evidence; the victim testified that appellant engaged in eight distinct acts of rape and appellant admitted that he had engaged in fellatio and vaginal intercourse with the victim-allied offenses of similar import-the trial court did not plainly err by failing to merge eight rape offenses when evidence failed to show that appellant committed the offenses separately or with a separate animus. | Abele | Lawrence |
9/17/2024
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9/24/2024
| 2024-Ohio-4642 |
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State v. Dunn
| 24CA2 | Prosecution did not vouch for expert witness, trial counsel did not render ineffective assistance of counsel by stipulating to prior conviction in weapons under disability trial, and no cumulative error occurred. | Abele | Jackson |
9/10/2024
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9/17/2024
| 2024-Ohio-4555 |
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State v. Bennett
| 23CA4 | Trial court did not err when it denied appellant's post-judgment Crim.R. 29(C) motion or his Crim.R. 33 motion for new trial. | Abele | Lawrence |
9/10/2024
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9/17/2024
| 2024-Ohio-4557 |
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In re W.V.
| 24CA1199 | permanent custody; best interest of the child; case plan; domestic abuse; wishes of the child; custodial history; legally secure permanent placement | Hess | Adams |
9/3/2024
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9/9/2024
| 2024-Ohio-4446 |
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State v. Pettiford
| 23CA16 | administration of oath; Evid.R. 603; R.C. 2317.30; Other-acts evidence; Evid.R. 702(C); consecutive sentences; R.C. 2929.14; cumulative error doctrine | Hess | Highland |
9/3/2024
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9/9/2024
| 2024-Ohio-4447 |
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State v. Walker
| 23CA13 | Trial court did not apply the wrong legal standard, may impose supervisory costs for costs associated with post-release control, but cause remanded for consideration of State v. Taylor, 2020-Ohio-6786. | Abele | Gallia |
9/2/2024
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9/10/2024
| 2024-Ohio-4469 |
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Ohio Power Co. v. Burns
| 23CA23, 23CA24, 23CA25, 23CA26 | eminent domain; taking; easement; necessary; appropriation; R.C. 163.09; R.C. 163.21; attorney fees; property specific review; herbicides; distribution lines; rebuttable presumption; anti-abandonment clause; de novo review; some competent and credible evidence; clear error | Hess | Washington |
8/28/2024
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9/3/2024
| 2024-Ohio-3364 |
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State v. Sillman
| 23CA4038 | guilty pleas; knowing, intelligent, and voluntary; Crim.R. 11; denial of continuance; abuse of discretion; ineffective assistance of counsel; motion to withdraw guilty pleas | Hess | Scioto |
8/28/2024
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9/3/2024
| 2024-Ohio-3363 |
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State v. Elliott
| 24CA2 | void; voidable; petition for postconviction relief; R.C. 2953.21; untimely; res judicata | Hess | Highland |
8/28/2024
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9/3/2024
| 2024-Ohio-3362 |
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State v. Thompson
| 23CA18 & 23CA19 | CRIMINAL-REVOCATION OF COMMUNITY CONTROL-CONSECUTIVE SENTENCING - A trial court may only require that a reserved prison term be served consecutively to any other sentence then existing or then being imposed if the trial court, at the time it orifinally imposed community control, notified the offender that consecutive sentences upon revocation of community control were a possibility; the trial court sufficiently notified the defendant that imposition of consecutive sentences was a possibility should her community control be revoked. | Smith | Washington |
8/22/2024
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9/3/2024
| 2024-Ohio-3361 |
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In re J.P.R.
| 24CA4 & 24CA5 | PERMANENT CUSTODY - Paternal grandparents lacked standing to appeal trial court's judgment placing grandchildren in the agency's permanent custody where grandparents were not parties to the proceedings below. | Smith | Washington |
8/22/2024
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9/3/2024
| 2024-Ohio-3380 |
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State v. Peterson
| 21CA3973 | Guilty plea; Crim.R. 11(C); constitutional rights; non-constitutional rights; nature of the offense; substantial compliance; totality of the circumstances; prejudice; de novo; forfeiture of contraband; R.C. 2981.01-05; R.C. 2941.1417; abandonment of property; plain error | Wilkin | Scioto |
8/20/2024
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8/27/2024
| 2024-Ohio-3276 |
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State v. Raines
| 23CA14, 23CA15 | violating a protection order; R.C. 2919.27(A)(1); R.C. 2919.27(A)(2); R.C. 2919.26; ineffective assistance; guilty plea; knowing; intelligent; voluntary; Crim.R. 11(C)(2)(a); nature of the charges; consecutive sentences; jail-time credit | Hess | Gallia |
8/19/2024
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8/26/2024
| 2024-Ohio-3236 |
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In re H.F.
| 24CA4062, 24CA4063, 24kCA4064 | Permanent-custody processing-failure to object to magistrate's decision waives all but plain error on appeal regarding trial court's decision to place children in agency's permanent custody; trial court did not plainly err by determining that placing children in the agency's permanent custody is in their best interests. | Abele | Scioto |
8/16/2024
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8/27/2024
| 2024-Ohio-3265 |
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Gemmell v. Anthony
| 22CA5 | Contempt; receivership; receiver; authority; subject-matter jurisdiction; final judgment; standing; judgment creditor; purge conditions | Hess | Hocking |
8/14/2024
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8/16/2024
| 2024-Ohio-3129 |
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Elliott v. Bobb
| 22CA12 | Motion for relief from judgment; Civ.R. 60(B); Civ.R. 36(A)(1); abuse of discretion; due diligence; res judicata; newly discovered evidence; excusable neglect; sanctions, and App.R. 23. | Wilkin | Ross |
8/9/2024
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8/15/2024
| 2024-Ohio-3095 |
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State v. Avery
| 23CA4012 | Trafficking in drugs; tampering with evidence; guilty plea; postsentence motion to withdraw guilty plea; manifest injustice; ineffective assistance of counsel; res judicata; Crim.R. 32.1. | Wilkin | Scioto |
8/5/2024
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8/14/2024
| 2024-Ohio-3094 |
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State v. McIntosh
| 23CA6 | CRIMINAL-OBSTRUCTING OFFICIAL BUSINESS-AFFIRMATIVE ACT - State did not present evidence by which any rational trier of fact could have found beyond a reasonable doubt proof of affirmative act as required by R.C. 2921.31(A), Obstructing Official Business, where evidence demonstrated only that Appellant and another person, both who had permission to be inside apartment, failed to open door after officers knocked, announced, and requested entry. | Smith | Gallia |
7/31/2024
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8/6/2024
| 2024-Ohio-2979 |
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In re A.B.
| 24CA3 | R.C. 2151.414(B)(1)(d); R.C. 2151.414(D)(1); R.C. 2151.414(E)(11); home cleanliness; hearsay; credibility; Fifth Amendment; adverse inference; refusal to testify; best interest; legally secure permanent placement | Hess | Highland |
7/30/2024
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8/5/2024
| 2024-Ohio-2952 |
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Hadley v. Valkenburgh
| 23CA15 | A person must be a party to a case, or have attempted to intervene, to have standing to appeal from an adverse judgement. | Abele | Athens |
7/30/2024
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8/7/2024
| 2024-Ohio-2990 |
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State v. Wilson
| 23CA21 | R.C. 2919.22(A); endangering children; sufficiency of the evidence; manifest weight of the evidence; substantial risk | Hess | Highland |
7/30/2024
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8/5/2024
| 2024-Ohio-2951 |
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Southworth v. Southworth
| 23CA922 | DIVORCE-CONTEMPT-MARITAL PROPERTY - Trial court did not abuse its discretion by finding Wife in contempt of Divorce Decree where clear and convincing evidence established that Wife knew of court order and failed to comply by attempting to sell marital home instead of refinancing property in her own name. | Smith | Pike |
7/25/2024
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8/5/2024
| 2024-Ohio-2950 |
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State v. Dawson
| 23CA11 | Trial court did not err when it accepted appellant's Alford plea | Abele | Washington |
7/25/2024
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8/6/2024
| 2024-Ohio-2968 |
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