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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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In re H.G.
| WM-24-017 | No juvenile court error terminating appellant-father’s parental rights to the minor child and granting permanent custody to appellee. Judgment affirmed. Osowik. | Osowik | Williams |
11/15/2024
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11/15/2024
| 2024-Ohio-5421 |
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Fitzgerald v. Fitzgerald
| WD-23-036 | Zmuda, J., writing for the majority, affirms the judgment, finding issues raised barred by res judicata based on appellant’s failure to challenge the calculation of gains and losses in prior QDROs, with no merit to appellant’s claim that inclusion of identical language in a supplemental QDRO created a new right of appeal, not subject to the bar of res judicata. | Zmuda | Wood |
11/15/2024
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11/15/2024
| 2024-Ohio-5419 |
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State v. Keel
| WD-23-068 | Osowik - In accord with Farris, the trial court determination that appellant’s unsuccessful termination from the SEARCH program and failure to timely notify his probation officer of his arrest constituted community control violations was supported by substantial evidence and, therefore, was not an abuse of discretion. Judgment affirmed. | Osowik | Wood |
11/15/2024
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11/15/2024
| 2024-Ohio-5423 |
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Millenbaugh v. Millenbaugh
| F-23-009 | Zmuda, J., writing for the majority, affirms the trial court’s order adopting magistrate’s decision in divorce action where appellant failed to timely file a transcript in support his objections and appellant’s remaining assignments of error were predicated on factual issues not subject to appellate review in the absence of a timely filed transcript. | Zmuda | Fulton |
11/15/2024
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11/15/2024
| 2024-Ohio-5425 |
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Jacobs v. Sandusky Register
| E-24-006 | Per Mayle, J., statements made in news article, characterizing complaints as having alleged that detective “mishandled” investigation, were protected by privilege set forth in R.C. 2317.05 because they were impartial and fairly summarized substance of complaints filed in civil suit. Trial court properly granted summary judgment in favor of newspaper and its editor. | Mayle | Erie |
11/15/2024
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11/15/2024
| 2024-Ohio-5422 |
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State v. Gregory
| L-23-1259, L-23-1260 | Per Mayle, J. petitioner’s claims for ineffective assistance of trial counsel, pre-indictment delay, selective prosecution, and prejudicial joinder were all barred by res judicata, save one error relating to voluntariness of consent to search of vehicle, which does not rely on trial record. Trial judgment contained sufficient findings of fact and conclusions of law to allow appellate review. Trial court was not required to consider amendments and supplements filed after State filed response to petition | Mayle | Lucas |
11/15/2024
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11/15/2024
| 2024-Ohio-5420 |
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State v. Deeble
| L-23-1275 | Per Mayle, J., issuing judge had substantial basis for finding probable cause to search appellant’s apartment because a controlled drug buy corroborated the confidential source’s tip to police, making the tip reliable and creating a nexus between appellant’s apartment and his drug-trafficking activities. | Mayle | Lucas |
11/15/2024
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11/15/2024
| 2024-Ohio-5418 |
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A.E. v. P.L.
| L-24-1058 | Duhart. Judgment affirmed. The trial court did not abuse its discretion in finding appellant in contempt of a continuing order to pay child support | Duhart | Lucas |
11/15/2024
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11/15/2024
| 2024-Ohio-5424 |
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State v. Lewton
| L-23-1254 | Duhart. Appellant’s Alford guilty plea was entered knowingly, intelligently, and voluntarily. Appellant fails to establish a claim for ineffective assistance of counsel. | Duhart | Lucas |
11/8/2024
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11/8/2024
| 2024-Ohio-5353 |
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State v. Sherman
| L-23-1168 | Per Mayle, J., appellant failed to show that the photo array police used was unduly suggestive, so trial court did not err by denying his motion to suppress. The state presented sufficient evidence that appellant was the perpetrator of the crimes to support his convictions, which was not affected by the circumstantial nature of the case. Appellant’s convictions are not against the weight of the evidence because the trial court did not improperly stack inferences to convict him. | Mayle | Lucas |
11/8/2024
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11/8/2024
| 2024-Ohio-5354 |
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In re C.B.
| H-24-011, H-24-012 | Judge Duhart. Permanent custody. Domestic violence. Drug issues. Lack of dental care for the child. 3-year-old child in diapers, on a bottle, non-verbal. Post Traumatic Stress Disorder ("PTSD"). Night terrors. | Duhart | Huron |
11/8/2024
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11/8/2024
| 2024-Ohio-5352 |
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State v. Elkins
| S-23-016 | Judge Duhart. Judicial Bias. Denial of Due Process | Duhart | Sandusky |
11/8/2024
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11/8/2024
| 2024-Ohio-5351 |
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In re Jaz. M.
| L-24-1134 & L-24-1135 | Because the juvenile court’s findings under R.C. 2151.414(E)(1), (2) and (11), that the children could not, or should not, be placed with mother within a reasonable time, and under R.C. 2151.414(D)(1), that a grant of permanent custody was in the best interests of the children, were supported by clear and convincing evidence and were not against the manifest weight of the evidence, the trial court’s decision terminating mother’s parental rights is affirmed. | Mayle | Lucas |
11/6/2024
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11/15/2024
| 2024-Ohio-5413 |
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State v. Rochester
| WM-23-012 | Duhart. Judgment affirmed where: (1) jury determination that appellant caused a substantial risk of serious physical harm was not against the manifest weight of the evidence; and (2) appellant’s sentence was not clearly and convincingly unsupported by the record. | Duhart | Williams |
11/1/2024
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11/6/2024
| 2024-Ohio-5306 |
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NW Ohio Servs. III, L.L.C. v. Thames
| L-24-1036 | Zmuda, J., writing for the majority, affirms trial court’s judgment denying tenant damages for landlord’s breach of duty to maintain the premises where tenant failed to file a counterclaim asserting such breach, and trial court’s award of damages to landlord was not against the manifest weight of the evidence. | Zmuda | Lucas |
11/1/2024
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11/6/2024
| 2024-Ohio-5307 |
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State v. Cole
| WD-24-018 | Zmuda, J., writing for the majority, affirms the judgment, | Zmuda | Wood |
11/1/2024
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11/6/2024
| 2024-Ohio-5303 |
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Willoughby v. Levorchick
| OT-24-042 | Judge Duhart. Writ of Habeas Corpus, Excessive Bail | Duhart | Ottawa |
11/1/2024
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11/6/2024
| 2024-Ohio-5309 |
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Thorne v. Toledo
| L-23-1243 | Duhart. Summary judgment properly granted because there exists no genuine issue of material fact regarding: 1) the unconstitutional taking claim; 2) due process claims; 3) the vagueness claim; or 4) the retaliation claim. Appellant’s claim regarding the failure to exhaust administrative remedies is moot. | Duhart | Lucas |
11/1/2024
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11/6/2024
| 2024-Ohio-5308 |
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State v. Neal
| L-23-1231 | Based upon this court’s 3/21/24 sua sponte dismissal of the bulk of this appeal, in conjunction with appellant’s service of the full sentence from which jail-time credit is disputed, the sole remaining issue, the appeal is moot. Judgment affirmed. | Osowik | Lucas |
11/1/2024
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11/6/2024
| 2024-Ohio-5305 |
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State ex rel. Maumee v. Lucas Cty. Bd. of Elections
| L-24-1238 | appeal barred by doctrine of latches | Zmuda | Lucas |
10/30/2024
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11/6/2024
| 2024-Ohio-5304 |
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Savage v. Sigsworth
| E-24-042 | Pretrial bond in the amount of one million dollars was not excessive under R.C. 2937.011 and therefore summary judgment on petition for writ of habeas corpus was proper, where the evidence at hearing established that petitioner presented a significant flight risk and had previously violated the terms of his pretrial release. | Mayle | Erie |
10/25/2024
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10/25/2024
| 2024-Ohio-5138 |
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State v. Davis
| L-23-1285 | Judge Duhart, Challenge to sentence on the basis of trial court’s consideration of R.C. 2929.11 and R.C. 2929.12 factors is not subject to appellate review | Duhart | Lucas |
10/25/2024
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10/25/2024
| 2024-Ohio-5135 |
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State v. Black
| OT-24-021 | Per Mayle, J., the trial court erred by failing to give appellant the indefinite | Mayle | Ottawa |
10/25/2024
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10/25/2024
| 2024-Ohio-5134 |
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In re S.J.
| L-24-1118 | Zmuda, J., writing for the majority, finds that the trial court did not err in granting judgment in favor of Lucas County Children Services ("LCCS") on its complaint seeking permanent custody of her child, where the evidence supported that granting permanent custody to LCCS was in the child’s best interest and efforts at reunification were not required. | Zmuda | Lucas |
10/25/2024
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10/25/2024
| 2024-Ohio-5137 |
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In re T.A.
| WD-24-011 | Sulek - The trial court did not abuse its discretion by awarding legal custody to foster parents in lieu of a nonparent relative. Best interest; kinship; visitation. | Sulek | Wood |
10/25/2024
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10/25/2024
| 2024-Ohio-5139 |
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State ex rel. Ballah v. Sandusky City Schools Bd. of Edn.
| E-24-033 | Grievance procedure culminating in binding arbitration is an adequate remedy in the ordinary course of law for a dispute arising out of the terms of a collective bargaining agreement. | Sulek | Erie |
10/25/2024
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10/25/2024
| 2024-Ohio-5136 |
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State v. Singleton
| L-23-1242 | Duhart. Affirming judgment entry finding appellant guilty of negotiated amended Count 2 of the indictment, but reversing trial court’s imposition of discretionary costs. | Duhart | Lucas |
10/18/2024
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10/18/2024
| 2024-Ohio-5033 |
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State v. Miller
| F-23-006 | After viewing the evidence in the light most favorable to the prosecution, no rational trier of fact could have found the restraint element of appellant’s R.C. 2905.02 (A)(2) abduction crime conviction proven beyond a reasonable doubt. Judgment reversed. | Osowik | Fulton |
10/18/2024
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10/18/2024
| 2024-Ohio-5032 |
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State v. Taylor
| L-24-1024 | Defendant understood nature of the charges such that his plea is knowing, intelligent, and voluntary where although no facts were recited at plea hearing, he received pretrial discovery, was awarded funds to hire a criminal investigator, acknowledged he was admitting to the allegations in the charge, went over the plea form with his attorney that stated he understood the nature of the charges, and where he had no further questions. | Sulek | Lucas |
10/18/2024
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10/18/2024
| 2024-Ohio-5034 |
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State v. Carter
| L-23-1130 | Sulek, J. Convictions were not against the manifest weight of the evidence. | Sulek | Lucas |
10/18/2024
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10/18/2024
| 2024-Ohio-5031 |
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In re G.H.
| OT-24-001 | Per Mayle, J., appellant failed to object to magistrate’s decision as required by Juv.R. 40(D)(3)(b) because she did not file a transcript or affidavit of evidence within 30 days of filing objections. Consequently, appellant cannot assign magistrate’s findings of fact or conclusions of law as error on appeal, except for a claim of plain error. Trial court did not commit plain error by adopting magistrate’s decision and naming appellee child’s residential parent and legal custodian. | Mayle | Ottawa |
10/11/2024
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10/14/2024
| 2024-Ohio-4943 |
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J.U. v. A.F.
| WD-23-061 | Zmuda. Affirming judgment on grounds that the trial court (1) had jurisdiction to hear and decide the case, (2) appropriately ruled that the biological parent and nonparent had entered into a voluntary custody sharing agreement through their words and conduct, and (3) appropriately ruled that the shared legal custody agreement was in the best interests of the child. | Zmuda | Wood |
10/11/2024
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10/14/2024
| 2024-Ohio-4944 |
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State v. Shiffert
| OT-23-036 | Duhart. Affirming judgment of sentence to the extent that appellant failed to establish error based on R.C. 2929.11 or R.C. 2929.12. Reversing the judgment and remanding the matter to the trial court for the limited purpose of permitting the sentencing court to provide the mandatory notifications under R.C. 2929.19(B)(2)(c). | Duhart | Ottawa |
10/11/2024
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10/14/2024
| 2024-Ohio-4952 |
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In re T.C.R.
| H-24-017 | Sulek, J. In a permanent custody proceeding, father’s due process rights were not violated and clear and convincing evidence supported the court’s award of permanent custody to the agency. Sup.R. 48.06; R.C. 2151.414 | Sulek | Huron |
10/8/2024
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10/8/2024
| 2024-Ohio-4874 |
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Sweet v. Sweet
| L-23-1279 | Trial court judgment denying motion for relief from judgment reversed and remanded. Osowik. | Osowik | Lucas |
10/4/2024
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10/4/2024
| 2024-Ohio-4824 |
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State v. Hilderbrand
| WD-23-039 | Judge Duhart. No ineffective assistance of counsel merely because trial counsel allowed defendant to enter a guilty plea which resulted in the loss of his ability to appeal the trial court’s denial of his motion to suppress. | Duhart | Wood |
9/30/2024
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10/1/2024
| 2024-Ohio-4765 |
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Freelon v. GRG Farms, Inc.
| H-23-022 | Zmuda, J., writing for the majority, finds that the trial court did not err in denying appellants’ motion summary judgment under the doctrine of laches and because appellant’s claims were barred by the applicable statute of limitations. Trial court did not err in granting appellee’s motion for summary judgment. | Zmuda | Huron |
9/30/2024
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10/1/2024
| 2024-Ohio-4764 |
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State v. Burley
| L-24-1019 | Sulek, J. Totality of the circumstances demonstrated the appellant understood the nature of the offense for which he pled guilty pursuant to Crim.R. 11(C)(2)(a) despite absence of a statement providing factual basis for the offense at plea hearing. | Sulek | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4719 |
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State v. Harris
| L-23-1258 | Per Mayle, J., defendant’s convictions of improperly handling firearm in motor vehicle and having weapons while under disability affirmed. State was not required to present evidence that defendant owned vehicle, firearm, or diaper bag where gun was found. State was permitted to prove elements of offenses with circumstantial evidence. It presented evidence that defendant knew gun was in vehicle and gun was accessible to him. This is not exceptional case where evidence weighs heavily against conviction. | Mayle | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4722 |
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State v. Sokevitz
| H-23-032 | Zmuda, J., writing for the majority, affirms the judgment, finding that appellant’s failure to assert grounds for filing an untimely motion to suppress waived the issue on appeal. | Zmuda | Huron |
9/27/2024
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9/27/2024
| 2024-Ohio-4727 |
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Randall v. JM Smucker Co.
| L-23-1250 | Sulek - Appellant’s complaint was properly dismissed where it failed to set forth any legally cognizable claims for relief. Civ.R. 12(B)(6); Civ.R. 8(A); Civ.R. 6(A); Civ.R. 5(D); certificate of service. | Sulek | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4725 |
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State v. Wilson
| L-23-1232 | Sulek, J. R.C. 2953.08(G)(2) does not permit an appellate court to review the trial court’s consideration of factors under R.C. 2929.11 and 2929.12. Appeal challenging sentence based on those factors may be summarily denied. | Sulek | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4728 |
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State v. Bonner
| E-23-023 | Defendant lacked standing to challenge search warrant, where he admitted to having “no connection” to property where seized evidence was found. Trial court did not abuse its discretion in excusing a juror “for cause,” where juror had travel plans during the trial. Trial counsel was not ineffective for failing to seek dismissal of charges on speedy trial grounds where defendant waived his right to a speedy trial. | Osowik | Erie |
9/27/2024
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9/27/2024
| 2024-Ohio-4717 |
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State v. Coutcher
| L-23-1214 | Sulek - Jury’s conclusion beyond a reasonable doubt that defendant did not act in self-defense is not against the manifest weight of the evidence where the facts support the version of the event admitted by the defendant as testified by a jailhouse informant that the defendant snatched the victim from a moving vehicle and hit her on the head with a crowbar. | Sulek | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4721 |
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State v. Buck
| L-23-1239 | No trial court sentencing error. Judgment affirmed. Osowik | Osowik | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4718 |
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Matt Pool, Ltd. v. Sandusky Hous. Appeals Bd.
| E-23-040 | Zmuda, J. Trial court did not abuse its discretion in affirming the Sandusky Housing Appeals Board’s decision affirming an order for demolition of a building on appellant’s property. | Zmuda | Erie |
9/27/2024
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9/27/2024
| 2024-Ohio-4724 |
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In re K.R.
| L-24-1119 | Judge Duhart. Permanent custody. Domestic violence. Drug issues. Abandoned. Alcohol issues. Loss of permanent custody of other child. | Duhart | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4723 |
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Schmidt v. Crayne
| L-23-1194 | Per Mayle, J., plaintiffs in medical malpractice action failed to preserve error when it voiced single objection to testimony and did not cite hearsay as basis for objection; admission of challenged evidence was not plain error. Trial court did not misapply parties’ stipulation. Other evidentiary rulings did not produce cumulative error requiring reversal. | Mayle | Lucas |
9/27/2024
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9/27/2024
| 2024-Ohio-4726 |
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State v. Clinton
| E-21-053 | Osowik - Following his conviction for aggravated murder and rape and sentence of death, defendant filed a petition for post-conviction relief, asserting 66 grounds for relief. As to many claims, the trial court failed to rule, applied the wrong legal standard or issued findings of fact and conclusions of law that lack the specificity required by R.C. 2953.21(D), any of which require their remand and, in some cases, a hearing. The trial court further erred in denying petitioner “access” to prosecution’s file materials under Crim.R. 42(C), also requiring remand. | Osowik | Erie |
9/27/2024
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9/27/2024
| 2024-Ohio-4720 |
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J.T. v. L.H.
| E-23-055 | Child custody. Best interest factors. Failure to pay child support. | Duhart | Erie |
9/20/2024
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9/20/2024
| 2024-Ohio-4615 |
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