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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Kretzer
| L-23-1107 | Zmuda. Trial court did not err in concluding that appellant’s offenses were not allied and proceeding to sentence appellant on each offense. Trial court did not err in imposing consecutive sentences. | Zmuda | Lucas |
6/28/2024
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6/28/2024
| 2024-Ohio-2494 |
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Kopaniasz v. Kopaniasz
| L-23-1196 | Per Mayle, J., the trial court did not abuse its discretion by including income from a job father held for three months in his yearly gross income for child support purposes. The court did not improperly impute income to father. The court miscalculated father’s additional income, so its determination of father’s gross income was against the manifest weight of the evidence. | Mayle | Lucas |
6/28/2024
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6/28/2024
| 2024-Ohio-2493 |
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In re J.C.
| E-23-026 | Duhart. Juvenile. Motion to Suppress. Delinquent Child. Robbery. Identification. | Duhart | Erie |
6/28/2024
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6/28/2024
| 2024-Ohio-2513 |
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State v. Whitaker
| L-23-1142 | Zmuda, J., writing for the majority, affirms in part as to conviction for aggravated vehicular homicide under R.C. 2903.06(A)(1)(a) as conviction for DUI under R.C. R.C. 4511.19(A) not necessary for aggravated vehicular homicide conviction, and reverses in part, as to restitution awarded to victim’s family. Restitution awarded to victim’s family improper based on possible reimbursement by victim’s estate to the victim’s insurance company, after insurance had paid medical bills. | Zmuda | Lucas |
6/28/2024
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6/28/2024
| 2024-Ohio-2495 |
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State v. Lathan
| L-23-1036 | Per Mayle, J., trial court did not abuse its discretion under Crim.R. 16 and 12.2 in excluding recording offered by defendant that was not disclosed until after the State rested. Conviction was not against manifest weight of evidence where jury rejected defendant’s claim of self-defense. Juror did not conceal or fail to disclose information requested in voir dire, thus trial court properly denied motion for new trial under Crim.R. 33(A)(2). | Mayle | Lucas |
6/28/2024
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6/28/2024
| 2024-Ohio-2514 |
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Belcher v. Ernsberger
| S-23-023 | Trial court lacks jurisdiction to sua sponte reopen a case and enforce a consent judgment entry where neither party filed a motion to enforce or a separate action for breach of contract. | Duhart | Sandusky |
6/28/2024
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6/28/2024
| 2024-Ohio-2512 |
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State v. Howard
| S-23-007 | Zmuda. The law does not support appellant’s claim that his right of self-defense confers blanket immunity for any and all acts committed by an individual who successfully asserts the privilege. | Zmuda | Sandusky |
6/28/2024
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6/28/2024
| 2024-Ohio-2490 |
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Kaplan v. Hammond
| OT-23-003 | Zmuda, J., writing for the majority, finds that genuine issue of material fact as to breach of contract and inspection requirements precluded the award of summary judgment. Trial court’s judgment on CSPA claim as moot was erroneous as a result of these findings. Trial court judgment is reversed and remand for further proceedings. | Zmuda | Ottawa |
6/28/2024
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6/28/2024
| 2024-Ohio-2492 |
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State v. Savage
| E-23-053 | Sulek. Denying release on bond, the trial court failed to consider the requirements under R.C. 2937.222(B). | Sulek | Erie |
6/28/2024
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6/28/2024
| 2024-Ohio-2497 |
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State v. Vasquez
| S-23-020, S-23-021 | The state’s breach of the plea agreement by requesting a consecutive, rather than a concurrent sentence was plain error. | Sulek | Sandusky |
6/28/2024
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6/28/2024
| 2024-Ohio-2496 |
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State ex rel. Yost v. Wylie
| WD-23-040 | Zmuda, J., writing for the majority, affirms the judgment finding violations of Ohio water pollution control laws, imposing civil penalties, and granting injunctive relief as there was competent credible evidence to support the findings as to each violation and the trial court did not abuse its discretion in imposing civil penalties. | Zmuda | Wood |
6/28/2024
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6/28/2024
| 2024-Ohio-2498 |
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State v. Walls
| L-23-1125 | Judge Duhart, Imposition of Consecutive Sentences | Duhart | Lucas |
6/25/2024
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6/25/2024
| 2024-Ohio-2413 |
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State v. Moss
| WD-23-038 | Sulek, J., writing for the majority, affirms the trial court’s judgment, holding that the admission of video evidence was not error. | Sulek | Wood |
6/25/2024
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6/25/2024
| 2024-Ohio-2415 |
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State v. Jackson
| L-23-1044 | Judge Duhart, manifest weight, sufficiency of the evidence, merger of allied offenses, consecutive sentences | Duhart | Lucas |
6/25/2024
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6/25/2024
| 2024-Ohio-2419 |
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State v. Sandifur
| L-23-1032 | Per Mayle, J., appellant failed to show that trial counsel provided ineffective assistance. There was no basis for suppressing appellant’s statements, trial counsel asked the trooper if a head injury could explain appellant’s behavior, and appellant’s convictions are supported by sufficient evidence, so a Crim.R. 29 motion would have been futile. Appellant’s convictions are not against the manifest weight of the evidence. | Mayle | Lucas |
6/25/2024
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6/25/2024
| 2024-Ohio-2414 |
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Reverse Mtge., L.L.C. v. Miller
| E-23-044 | Trial court judgment in foreclosure is affirmed. Osowik | Osowik | Erie |
6/25/2024
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6/25/2024
| 2024-Ohio-2417 |
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Toledo v. Martin
| L-23-1177 | Sulek. Trial court did not err when it ordered a 180-day jail term to be served consecutively to an existing misdemeanor sentence already imposed by a different court. This court cannot consider the impact that a subsequent conviction and sentence in a separate felony case has on the misdemeanor sentences being appealed. | Sulek | Lucas |
6/21/2024
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6/21/2024
| 2024-Ohio-2383 |
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State v. Powell
| E-23-031 | Osowik. Trial court determination that trooper possessed reasonable, articulable suspicion to warrant administration of field sobriety tests was supported by competent, credible evidence. The trial court did not err in denying appellant’s motion to suppress. Judgment affirmed. | Osowik | Erie |
6/21/2024
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6/21/2024
| 2024-Ohio-2381 |
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Davis v. Mercy St. Vincent Med. Ctr.
| L-21-1095 | Per Mayle, J., under authority of Everhart v. Coshocton Cty. Mem. Hosp., 2023-Ohio-4670, wrongful death claim premised on negligent medical care is subject to the four-year statute of repose for medical claims. Consistent with Wilson v. Durrani, 2020-Ohio-6827, a plaintiff may not rely on R.C. 2125.04, the wrongful death saving statute, to refile a complaint for wrongful death premised on negligent medical care if the four-year statute of repose for medical claims has expired. | Mayle | Lucas |
6/21/2024
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6/21/2024
| 2024-Ohio-2386 |
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In re J.K.
| WM-24-005 | Judge Duhart. Permanent custody. Abused and neglected child. Father has long-standing drug issues, with methamphetamines, and alcohol issues. Father lacked stable employment. There were delinquency concerns with child. Mother was in prison for sex crimes involving her children. | Duhart | Williams |
6/18/2024
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6/18/2024
| 2024-Ohio-2333 |
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State v. McIntoush
| WD-22-070 | Zmuda, J., writing for the majority, holds that the trial court’s imposition of consecutive sentences was not clearly or convincingly unsupported by the record. | Zmuda | Wood |
6/13/2024
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6/13/2024
| 2024-Ohio-2284 |
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In re Bn.J.
| L-24-1040, L-24-1041 | No juvenile court error terminating appellant-mother’s parental rights to the minor children and granting permanent custody to appellee. Judgments affirmed. Osowik. | Osowik | Lucas |
6/13/2024
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6/13/2024
| 2024-Ohio-2282 |
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State v. Kepler
| OT-23-037 | Per Mayle, J., appellant did not object to the magistrate’s decision as required by Crim.R. 19(D)(3)(b), so he forfeited all but plain-error review on appeal. The trial court did not commit plain error by finding that appellant’s speeding conviction was related to reckless operation of a motor vehicle, as required to suspend appellant’s license under R.C. 4510.15. | Mayle | Ottawa |
6/13/2024
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6/13/2024
| 2024-Ohio-2283 |
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State v. Strange
| S-23-025 | Zmuda, J., writing for the majority, finds that the trial court erred in failing to give correct self-defense jury instruction in that it reversed the burden of persuasion to require appellant to prove self-defense rather than requiring the state to disprove that element. The case is remanded for new trial on the convicted offenses only. | Zmuda | Sandusky |
6/7/2024
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6/7/2024
| 2024-Ohio-2199 |
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State v. Patterson
| L-23-1216 | Zmuda, J., writing for the majority, finds award of discretionary costs without any finding on the record at the sentencing hearing requires vacating the portion of the judgment imposing discretionary costs, based on well-settled precedent. | Zmuda | Lucas |
6/7/2024
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6/7/2024
| 2024-Ohio-2198 |
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In re N.V.
| E-23-038 | Trial court’s restitution order was supported by competent, credible evidence, equaled the demonstrated loss, and was not an abuse of discretion. Judgment affirmed. | Osowik | Erie |
6/7/2024
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6/7/2024
| 2024-Ohio-2197 |
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State v. Wallace
| E-23-046 | Per Mayle, J., the trial court violated appellant’s confrontation rights by allowing the detective to testify to statements that the victim made to him. The error is not harmless beyond a reasonable doubt because there is not overwhelming evidence of appellant’s guilt or some other indication that the improper evidence did not impact the verdict. When all of the evidence admitted at trial is considered, appellant’s conviction is supported by sufficient evidence. | Mayle | Erie |
6/7/2024
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6/7/2024
| 2024-Ohio-2201 |
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Turner v. Turner
| L-23-1091 | Duhart. By failing to rule on motion for guardianship, trial court is presumed to have denied it. Also, trial court: (1) equitably, but not equally, divided marital property; (2) properly divided marital property before making an award of spousal support; (3) considered necessary factors in awarding spousal support; and (4) did not violate due process in denying appellant’s motion for continuance. | Duhart | Lucas |
6/7/2024
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6/7/2024
| 2024-Ohio-2200 |
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State v. Sutton
| L-23-1094 | Judge Duhart, imposition of costs of confinement in judgment entry but not at sentencing hearing is contrary to law, plain error. | Duhart | Lucas |
5/31/2024
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5/31/2024
| 2024-Ohio-2106 |
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In re N.W.
| H-23-014 | Zmuda, J., writing for the majority, finds that appellant waived change of circumstance argument on appeal by conceding that a change of circumstances permitting the consideration of best interests of the child occurred at trial. | Zmuda | Huron |
5/31/2024
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5/31/2024
| 2024-Ohio-2104 |
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State v. Taylor
| H-23-021 | Per Mayle, J., under R.C. 2929.19(B)(1)(a), trial court properly considered incident report from jail because it was received and shared with counsel before sentencing hearing, and counsel and appellant were permitted to address it during allocution consistent with Crim.R. 32(A)(1). State failed to present sufficient evidence that appellant brought or caused to be brought into the state obscene material involving children as required for convictions under R.C. 2907.321(A)(6). | Mayle | Huron |
5/31/2024
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5/31/2024
| 2024-Ohio-2107 |
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State v. Sharpe
| WD-23-031 | Zmuda, J., writing for the majority, affirms the judgment, finding the appellant failed to support claims of ineffective assistance of trial counsel, based on trial strategy and cross examination of the state’s witnesses, with trial counsel’s self-deprecating remarks at sentencing not an admission of incompetent representation, as argued on appeal. | Zmuda | Wood |
5/31/2024
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5/31/2024
| 2024-Ohio-2105 |
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State v. Hannah
| L-23-1115 | Sulek - Convictions for attempted murder in a drive-by shooting are not based on insufficient evidence or against the manifest weight where a shooter in the surveillance video is acquainted with one of the other shooters and is wearing the same sweatshirt and has the same build as the defendant as seen in an earlier social media photograph. Presumption of registration in violent offender database not rebutted where the shooter was the principal offender in the commission of the attempted murder offenses. | Sulek | Lucas |
5/31/2024
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5/31/2024
| 2024-Ohio-2103 |
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In re J.K-S.
| L-23-1201 | Mayle - Following the grant of permanent custody to children’s services agency, father appealed, claiming that the agency failed to make “intensive efforts” to find a suitable kinship placement for the children, under R.C. 2151.4116. Because the law applies during an agency’s exercise of temporary custody over a child, once the children entered the permanent custody of agency, the issue raised in father’s appeal was rendered moot | Mayle | Lucas |
5/28/2024
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5/29/2024
| 2024-Ohio-2053 |
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In re C.W.
| L-23-1295 | Zmuda, writing for the majority affirmed judgment where juvenile court’s findings were supported by the weight of the clear and convincing evidence, demonstrating permanent custody with the agency was in the best interests of the child. | Zmuda | Lucas |
5/28/2024
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5/29/2024
| 2024-Ohio-2052 |
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State v. Hair
| L-23-1208 | Sulek, J. The trial court did not abuse its discretion by proceeding to resentence an indigent defendant who expressed dissatisfaction with counsel. | Sulek | Lucas |
5/28/2024
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5/29/2024
| 2024-Ohio-2051 |
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LaPorte v. Lutheran Hous. Servs. #9
| L-23-1229 & L-23-1230 | Trial court judgments reversed on the authority of Berning v. Lutheran Housing Service #9, 2024-Ohio-1173 (6th Dist.). Osowik. | Osowik | Lucas |
5/24/2024
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5/24/2024
| 2024-Ohio-2015 |
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State v. Magee
| S-23-009 | Mayle - Confrontation clause is not violated where officer testifies to statements he heard from confidential informant and defendant on a recorded controlled drug buy. Officer’s identification of defendant as the seller of drugs is not hearsay and does not violate the confrontation clause where the testimony is made in person at the trial. Trial counsel is not ineffective for failing to object to testimony that is not hearsay and does not violate the confrontation clause. | Mayle | Sandusky |
5/24/2024
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5/24/2024
| 2024-Ohio-2016 |
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State v. Bachtel
| OT-23-006 | Duhart. Affirming convictions for sexual battery on grounds that appellant failed to challenge the constitutionality of R.C. 2907.03(A)(2) and (3) in the trial court. | Duhart | Ottawa |
5/24/2024
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5/24/2024
| 2024-Ohio-2014 |
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Moore v. Sandusky Bldg. Code Bd. of Appeals
| E-23-042 | Duhart. (1) Affirming demolition order on grounds that the Building Official possessed the proper credentials to testify, the Board possessed the proper credentials to hear the appeal, and the trial court did not abuse its discretion in holding that the Board’s decision to affirm the demolition order was supported by a preponderance of substantial, reliable, and probative evidence. (2) The evidence was insufficient to establish that the trial court advised appellant to discharge her attorney. | Duhart | Erie |
5/10/2024
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5/10/2024
| 2024-Ohio-1799 |
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State v. Harris
| L-23-1132 | Jury conviction and sentence for the amended lesser-offense of menacing are affirmed. Sufficiency of evidence, manifest weight. Osowik. | Osowik | Lucas |
5/10/2024
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5/10/2024
| 2024-Ohio-1804 |
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State v. Dawson
| OT-23-016 | Sulek, J., writing for the majority, affirms the trial court’s imposition of consecutive sentences as not clearly and convincingly unsupported by the record. | Sulek | Ottawa |
5/10/2024
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5/10/2024
| 2024-Ohio-1806 |
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A.B. v. I.E.
| WD-23-018 | Trial court’s issuance of R.C. 3113.31 CPO was supported by credible and competent evidence, thus, in accord with Rangel and Spaulding, it was not an abuse of discretion. Judgment affirmed. | Osowik | Wood |
5/10/2024
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5/10/2024
| 2024-Ohio-1809 |
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Murtha v. Rossford Exempted Village Schools
| WD-23-022 | Zmuda, J., writing for the majority, reverses the judgment of the trial court denying summary judgment to appellant on political subdivision employee immunity. No genuine issues of material fact exist regarding the exception to immunity in R.C. 27044.03(A)(6)(b), and whether the exception in R.C. 27044.03(A)(6)(c) applies is not ripe for review | Zmuda | Wood |
5/10/2024
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5/10/2024
| 2024-Ohio-1798 |
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In re: G.W.
| L-23-1153 | Trial court did not err in granting appellees’ motion to modify R.C. 3109.11 grandparents’ visitation order for the minor children of their deceased son. Judgment affirmed. | Osowik | Lucas |
5/3/2024
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5/3/2024
| 2024-Ohio-1709 |
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Hignight v. Knepp
| L-23-1305 | Relator has an adequate remedy by way of appeal, and respondent does not patently and unambiguously lack jurisdiction over a custody action controlled by the UCCJEA, so respondent is entitled to summary judgment on relator’s prohibition complaint. | MAYLE | Lucas |
5/3/2024
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5/3/2024
| 2024-Ohio-1708 |
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State v. Watson
| L-23-1082 | Appellant’s conviction is supported by sufficient evidence and is not against the manifest weight of the evidence, despite evidence that the victim temporarily recanted her accusations. | Mayle | Lucas |
5/3/2024
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5/3/2024
| 2024-Ohio-1711 |
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Yarbrough v. Erie Inspection Servs., Inc.
| OT-23-022 | Affirming order granting summary judgment against appellants in declaratory judgment action filed by intervenor plaintiff Frankenmuth Mutual Ins. Co. | Duhart | Ottawa |
5/3/2024
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5/3/2024
| 2024-Ohio-1712 |
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State v. Kamer
| WD-23-019 | The record shows that the charges of which appellant was convicted are distinguishable from those of which he was acquitted. Thus, the record sufficiently shows that retrial on the charges underlying the convictions, which were vacated in appellant’s first appeal, will not violate appellant’s double-jeopardy rights. | Mayle | Wood |
5/3/2024
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5/3/2024
| 2024-Ohio-1710 |
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Moore v. ThorWorks Indus., Inc.
| E-22-048 & E-23-032 | On workplace intentional tort claim, summary judgment to employer is appropriate where employee presents no facts to show that employer acted with specific, deliberate intent to injure him. Denial of Civ.R. 60(B)(3) motion for relief from judgment based on alteration of a form not an abuse of discretion where alteration was not material to the claim, not providing original form in discovery was an oversight, and where the act of altering the form supports the underlying claim, not fraud under 60(B)(3). | Duhart | Erie |
4/26/2024
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4/26/2024
| 2024-Ohio-1617 |
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