| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
State v. Hughes
| 24CA1 & 24CA2 | Trial court did not err when it did not merge defendant's rape conviction and gross sexual imposition conviction for sentencing because rape and gross sexual imposition were not allied offenses of similar import; record does not clearly and convincingly fail to support the trial court's imposition of consecutive sentences; trial counsel did not render ineffective assistance of counsel. | Abele | Hocking |
3/12/2025
|
3/17/2025
| 2025-Ohio-894 |
|
Plymale v. Plymale
| 23CA13 | Divorce-Ohio Public Employees Retirement System-former wife was not entitled to a constructive trust over 25 percent of survivor benefits paid to former husband's surviving spouse. | Abele | Jackson |
3/12/2025
|
3/18/2025
| 2025-Ohio-911 |
|
Ohio Valley Elec. Corp. v. First Energy Corp.
| 23CA923 | CIVIL-ARBITRATION-R.C. 2711.02-EQUITABLE ESTOPPEL - Where Appellees (nonsignatory parties) sought to compel arbitration of fraudulent transfer claims against Appellant/signatory party to controlling document, trial court erred in granting motion to compel; dispute amongst the parties was not rare circumstance where substantially interdependent conduct required application of doctrine of equitable estoppel; appellant-signatory did not need to rely on terms of controlling document in order to assert its claims; and fairness does not allow alleged fraudsters to take advantage of arbitration provision which they never signed. | Smith | Pike |
3/11/2025
|
3/19/2025
| 2025-Ohio-938 |
|
State v. Harris
| 23CA6 | 4511.19(A)(1)(a), Operating a Vehicle Impaired, ("OVI"), Field Sobriety Test, Horizontal Gaze Nystagmus Test, ("HGN"), Vertical Gaze Nystagmus Test, ("VGN"), Reasonable Suspicion, Specific Articulable Facts of Criminal Activity, Indicia of Intoxication, Slurred Speech, Bloodshot Eyes, Single Vehicle Accident; Motion to Suppress the Evidence, Ineffective Assistance of Counsel, Deficient Performance, Prejudice, Speculation Insufficient to Show Prejudice | Wilkin | Ross |
3/6/2025
|
3/12/2025
| 2025-Ohio-825 |
|
State v. Morgan
| 24CA1205 | Trial court improperly ordered prosecutor's office to pay court costs in a dismissed action. | Abele | Adams |
3/6/2025
|
3/11/2025
| 2025-Ohio-821 |
|
State v. Burchfield
| 23CA17 | No contest plea waived right to present evidence to rebut having weapons under disability conviction. | Abele | Athens |
3/6/2025
|
3/14/2025
| 2025-Ohio-867 |
|
Dennewitz v. State Farm Mut. Automobile Ins. Co.
| 24CA13 | Summary judgment-trial court did not err by granting insurer summary judgment when plain and unambiguous policy language established that appellant did not qualify as an "insured" entitled to UM coverage under insurer's policy. | Abele | Ross |
3/3/2025
|
3/10/2025
| 2025-Ohio-782 |
|
State v. Woods
| 24CA21 | Sentencing court may, in its discretion, order a PSI for an offense that requires a mandatory prison sentence. | Abele | Ross |
3/3/2025
|
3/10/2025
| 2025-Ohio-781 |
|
State ex rel. Neilsen v. Tieman
| 24CA4100 | Writ of mandamus-appellant lacked standing to pursue mandamus relief when requested relief would not have affected any of appellant's rights. | Abele | Scioto |
3/3/2025
|
3/10/2025
| 2025-Ohio-780 |
|
In re K.F.
| 23CA4017 | Parental Rights, Mootness Doctrine, Emancipation | Wilkin | Scioto |
2/28/2025
|
3/6/2025
| 2025-Ohio-759 |
|
State v. Hill
| 23CA11 | CRIMINAL-SUFFICIENCY OF THE EVIDENCE-CONSTRUCTIVE POSSESSION - Any rational trier of fact would have found Appellant's conviction for Possession of Crack Cocaine, R.C. 2925.11(C)(4)(d), a felony of the second degree, proven beyond a reasonable doubt where Appellant constructively possessed bags of crack cocaine found in front and rear headliners; Appellant's presence within the vicinity of the contraband, his knowledge of drugs located behind the glove box, and his statement, broadly construed, that he would "cop for the drugs" demonstrates Appellant's knowledge, dominion, and control of the drugs located in the headliners. | Smith | Jackson |
2/28/2025
|
3/10/2025
| 2025-Ohio-798 |
|
State v. Hertzler
| 22CA5 | Crim.R. 8(A), Joinder; Crim.R. 14, Severance, Undue Prejudice, “Spill Over Effect”, Limiting Instruction; Evidence is Simple and Direct, Evidence Admissible under Evid.R. 404(B); Abuse of Discretion; Plain Error; Regan Tokes Act; Ineffective Assistance of Counsel; Deficient Performance, Prejudice; R.C. 2929.18(B), Affidavit of Indigency, Waiver, Fine | Wilkin | Highland |
2/25/2025
|
3/6/2025
| 2025-Ohio-758 |
|
State v. Weil
| 24CA5 | custodial status; plain error review; prison or jail clothing; presumption of innocence; curative instruction; sufficiency of the evidence; manifest weight of the evidence; forfeiture; felony sentencing | Hess | Highland |
2/24/2025
|
2/27/2025
| 2025-Ohio-657 |
|
Ercevik v. Don Wood Hyundai, L.L.C.
| 24CA34 | arbitration; choice of law; federal preemption doctrine; final, appealable order | Hess | Athens |
2/21/2025
|
2/26/2025
| 2025-Ohio-633 |
|
In re R.P.
| 24CA26 | R.C. 2151.252(A)(3); legal custody; abuse of discretion; neglected and dependent; continuance; preponderance of the evidence | Hess | Athens |
2/21/2025
|
2/27/2025
| 2025-Ohio-656 |
|
In re A.S.
| 24CA20 | Permanent custody-trial court's judgment placing children in the agency's permanent custody was not against the manifest weight of the evidence. | Abele | Athens |
2/20/2025
|
2/28/2025
| 2025-Ohio-681 |
|
State v. Benson
| 23CA3 | Ineffective Assistance of Counsel; R.C. 2935.26, Minor Misdemeanor Arrest; Open Container; 4th Amendment, Search and Seizure, Exclusionary Rule, Consensual Encounter, Investigatory Stop, Arrest, Reasonable Articulable Suspicion, Probable Cause; Crim.R. 12 (C), Motion to Suppress; Plain Error, Substantial Rights, Miscarriage of Justice | Wilkin | Ross |
2/19/2025
|
2/24/2025
| 2025-Ohio-609 |
|
State v. McDougald
| 24CA4074 | CRIMINAL-JAIL TIME CREDIT - Because we presume the trial court properly applied the law and because it is the Ohio Department of Rehabilitation and Corrections' duty to credit a defendant with the number of days he or she was confined between the date of sentencing and date of transportation to prison, trial court did not abuse its discretion by denying Appellant's motion for jail-time credit. | Smith | Scioto |
2/19/2025
|
2/26/2025
| 2025-Ohio-628 |
|
State v. Wagner
| 24CA932 | Appellate court lacked jurisdiction to consider Marsy's Law appeal from trial court's order prospectively granting defendant's motion to change venue | Hess | Pike |
2/14/2025
|
2/20/2025
| 2025-Ohio-542 |
|
State v. Grahsel
| 22CA6 | Consecutive sentences - R.C. 2929.14(C) (4) - review of record failed to clearly and convincingly show that the record does not support the trial court's imposition of consecutive sentences, which amounted to 48 years in prison, or that appellant's sentence is contrary to law. | Abele | Pickaway |
2/13/2025
|
2/21/2025
| 2025-Ohio-580 |
|
State v. Green
| 24CA4059 | CRIMINAL-CRIM.R. 11(C)(2) - When reviewing a defendant's waiver of nonconstitutional rights upon accepting a guilty plea, a trial court must substantially comply with Crim.R. 11(C)(2)(a) and (b); because the totality of the circumstances demonstrates that the trial court substantially complied with Crim.R. 11(C)(2)(a) and (b) in accepting defendant's guilty plea, the judgment of the trial court is affirmed. | Smith | Scioto |
2/13/2025
|
2/25/2025
| 2025-Ohio-611 |
|
State v. McKenzie
| 22CA14 | Rape; gross sexual imposition; minor under the age of 12; force; trial court’s sua sponte reconsideration; closed-circuit television testimony; confrontation clause; structural error; abuse of discretion; plain error; waiver; forfeiture; consecutive sentence; allied offenses; double jeopardy; Evid. R. 611; R.C. 2907.01(A); R.C. 2907.01(B); R.C. 2907.02(A)(1)(b); R.C. 2907.05(A)(4); R.C. 2945.25 | Wilkin | Lawrence |
2/4/2025
|
2/10/2025
| 2025-Ohio-415 |
|
Thompson v. Atkins
| 23CA6 | Civil stalking protection order; preponderance of the evidence; expired protection order; moot | Wilkin | Hocking |
2/4/2025
|
2/10/2025
| 2025-Ohio-416 |
|
State v. Sharpe
| 23CA3 | CRIMINAL-GROSS SEXUAL IMPOSITION-CRIM.R. 8(A) JOINDER OF OFFENSES-CRIM.R. 14 MOTION TO SEVER TRIALS-CRIM.R. 7(D) MOTION TO AMEND INDICTMENT - Trial court did not commit plain error by failing to grant Appellant's motion to sever trial and failing to order separate trials involving three alleged victims of various sex offenses where evidence of each crime joined at trial is simple and direct; Appellant was not prejudiced and trial court did not abuse its discretion or commit reversible error by allowing amendment to Count Six, Gross Sexual Imposition, from R.C. 2907.05(A)(4), a felony of the third degree requiring that the victim be less than thirteen years of age, to R.C. 2907.05 (A)(1,) a felony of the fourth degree which does not require the victim be less than thirteen years of age but does require proof of force, an essential element, where the grand jury heard evidence pertaining to force or threat of force of the same victim and during the same time period; where Appellant was fully aware of the charge, able to defend himself, and fully aware of the alleged victim's age at all times of the proceedings; and amendment was a benefit to Appellant. | Smith | Hocking |
2/4/2025
|
2/11/2025
| 2025-Ohio-440 |
|
State v. Vanpernis
| 24CA9 | postconviction relief; R.C. 2953.21; standard of review; abuse of discretion; ineffective assistance of trial counsel; hearing; prejudice | Hess | Lawrence |
2/3/2025
|
2/6/2025
| 2025-Ohio-365 |
|
State v. King
| 23CA7 | The trial court did not err when it failed to allow appellant to introduce evidence of the victim's generalized threat to harm future cellmates and trial counsel did not provide ineffective assistance of counsel. | Author | Ross |
1/31/2025
|
2/4/2025
| 2025-Ohio-351 |
|
State v. Garcilaso
| 24CA3 | Trial court properly denied motion to suppress results of field sobriety tests; cause remanded for resentencing to comply with Reagan Tokes sentencing requirements. | Abele | Ross |
1/31/2025
|
2/4/2025
| 2025-Ohio-352 |
|
Woods v. Best
| 23CA8 | CUSTODY-OBJECTIONS TO MAGISTRATE'S DECISION - Because appellant failed to file objections to the magistrate's decision, failed to request findings of fact and conclusions of law, and failed to provide a transcript, he has waived all but plain error and we must presume the regularity of the proceedings below; having found no plain error in the trial court's refusal to appoint a guardian ad litem and no plain error in the trial court's best interests determination, the judgment of the trial court is affirmed. | Smith | Lawrence |
1/28/2025
|
2/4/2025
| 2025-Ohio-357 |
|
In re H.F.
| 24CA19 | PERMANENT CUSTODY - Because the agency presented substantial clear and convincing evidence that placing the child in the permanent custody of the agency would serve the child's best interests, the judgment of the trial court is not against the manifest weight of the evidence. | Smith | Athens |
1/28/2025
|
2/4/2025
| 2025-Ohio-356 |
|
State v. Blanton
| 23CA35 | right to jury trial; Crim.R. 11(C); voluntarily, knowingly, and intelligently; guilty plea; consecutive sentences; R.C. 2929.14(C); ineffective assistance of counsel; bill of particulars; strangulation; R.C. 2903.18 | Hess | Lawrence |
1/24/2025
|
1/28/2025
| 2025-Ohio-237 |
|
State v. Jackson
| 23CA4031 | CRIMINAL-FINAL APPEALABLE ORDER-HANGING CHARGE-LACK OF JURISDICTION - A criminal charge for which there is no recorded disposition is a "hanging charge" that prevents the conviction from being a final order; if a court's order is not final and appealable, we have no jurisdiction to review the matter and must dismiss the appeal; jurisdictional issues must be raised by the court sua sponte even if not raised by the parties. | Smith | Scioto |
1/24/2025
|
2/3/2025
| 2025-Ohio-322 |
|
State v. Kozee
| 22CA3998 | Felonious assault; ineffective assistance of counsel; jury instructions; lesser-included offense of assault; motion to sever trial from co-defendant; mutually antagonistic defense; manifest weight; sufficiency of the evidence; Reagan Tokes Act; mandatory indefinite-prison-sentence notifications; Crim.R. 8(B); Crim.R. 14; R.C. 2901.01(A)(5); R.C. 2901.22(B); R.C. 2911.03(A)(1); R.C. 2929.19(B)(2)(c) | Wilkin | Scioto |
1/24/2025
|
2/5/2025
| 2025-Ohio-364 |
|
State v. Walker
| 24CA16 | CRIMINAL-JUDICIAL RELEASE-FINAL APPEALABLE ORDER - The denial of a motion for judicial release is not a final appealable order; appellate courts lack jurisdiction to review orders that are no final and appealable. | Smith | Pickaway |
1/23/2025
|
1/29/2025
| 2025-Ohio-257 |
|
State v. Alexander
| 23CA1164 | petition for postconviction relief; res judicata; ineffective assistance; findings of fact and conclusions of law | Hess | Adams |
1/23/2025
|
1/28/2025
| 2025-Ohio-236 |
|
State v. Brown
| 24CA1184 | CRIMINAL-CONSECUTIVE SENTENCE-R.C. 2929.14(C)(4) - Trial court did not commit plain error by finding that consecutive sentences were necessary to protect the public and punish Appellant for five sex offenses committed against biological daughter; sentence was clearly and convincingly supported by the record and was not contrary to law. | Smith | Adams |
1/23/2025
|
1/29/2025
| 2025-Ohio-258 |
|
State v. Dennison
| 24CA7 | sexual imposition, R.C. 2907.06(A)(4), sufficiency of the evidence, manifest weight of the evidence, sexual contact, jury selection, R.C. 2313.17, for-cause challenges | Hess | Lawrence |
1/15/2025
|
1/21/2025
| 2025-Ohio-139 |
|
State v. Perez
| 23CA7 | Appellee adduced sufficient evidence, if believed, to prove each element of the offense and to support appellant's weapons under disability conviction, and conviction is not against the manifest weight of the evidence. | Abele | Jackson |
1/14/2025
|
1/23/2025
| 2025-Ohio-175 |
|
State v. Pleasant
| 23CA29, 23CA30 | sufficiency of the evidence, manifest weight of the evidence, aggravated murder, prior calculation and design, abuse of a corpse, failure to comply, visible or audible signal, theft of a motor vehicle, consent, purpose to deprive, robbery, motion to suppress; Fourth Amendment standing, Miranda, Crim.R. 14, severance, motion in limine, Crim.R. 12(D), ineffective assistance of counsel; prosecutorial misconduct | Hess | Lawrence |
1/13/2025
|
1/17/2025
| 2025-Ohio-115 |
|
State v. Rose
| 22CA28 | Waiver; Traffic Stop; Trafficking in Drugs; Fentanyl-Related Compound; Marijuana; Motion to Suppress the Evidence; Fourth Amendment; Reasonable Articulable Suspicion; Probable Cause; Totality of the Circumstances | Wilkin | Pickaway |
1/9/2025
|
1/21/2025
| 2025-Ohio-143 |