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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Croley
| 24 CO 0011 | CRIMINAL LAW – escape; grand theft of a motor vehicle; felonious assault; vehicular assault; guilty plea; indefinite prison term; R.C. 2953.08(G); R.C. 2929.144(B)(2); R.C. 2929.14(A)(2)(a); the trial court erred in miscalculating Appellant’s maximum sentence on count three, felonious assault, a felony of the second degree, under the Reagan Tokes Law at the sentencing hearing and in its sentencing entry; sentence vacated and remanded for resentencing in accordance with the Reagan Tokes Law consistent with this court’s Opinion. | Dickey | Columbiana |
11/19/2024
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11/19/2024
| 2024-Ohio-5448 |
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State v. Howze
| 24 BE 0002 | CRIMINAL – Defense counsel’s suspension for failure to pay continuing legal education fine during two-day trial did not constitute per se violation of Sixth Amendment right to counsel. No Sixth Amendment violation occurs where Appellant fails to show defense counsel’s performance was deficient and that Appellant suffered outcome-determinative prejudice as a result. R.C. 2945.75(A)(2) does not apply to criminal statute that describes separate crimes in subsections. Order of forfeiture must be reversed and vacated where the trial court fails to conduct proportionality review. | Dickey | Belmont |
11/18/2024
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11/19/2024
| 2024-Ohio-5447 |
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State v. Ice
| 24 CO 0010 | OVI community control condition prohibiting “enter[ing] premises serving alcohol” is valid. | Robb | Columbiana |
11/6/2024
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11/8/2024
| 2024-Ohio-5341 |
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State v. Taylor
| 24 HA 0002 | self defense; notice of intent Crim.R. 12.2; R.C. 2901.05(B)(1); ineffective assistance of counsel; sufficiency of the evidence; manifest weight. | Robb | Harrison |
11/6/2024
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11/7/2024
| 2024-Ohio-5331 |
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State v. Martin
| 24 JE 0001 | jury verdict two counts of rape of child under 13, hearsay, confrontation clause, scope of testimony by child advocacy center physician, court allowed jury to watch victim’s mother assert privilege against self-incrimination, restriction on detailed questioning of child witness on romantic relationship with victim, ineffective assistance of counsel, testimony was not an opinion on victim veracity, sufficiency and weight of the evidence. | Robb | Jefferson |
11/6/2024
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11/7/2024
| 2024-Ohio-5332 |
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State v. Evans
| 24 BE 0008 | plain error; Crim.R. 43(A); defendant’s physical presence required absent waiver; actual prejudice. | Robb | Belmont |
11/4/2024
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11/7/2024
| 2024-Ohio-5330 |
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KeyBank, N.A. v. David
| 24 MA 0028 | capacity to contract; threshold issue for the court; motion to dismiss; motion to enforce arbitration agreement; R.C. 2711.02. | Robb | Mahoning |
11/1/2024
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11/7/2024
| 2024-Ohio-5333 |
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Cameron v. Mark W. Liberty Midstream & Resources, L.L.C.
| 23 JE 0020 | Oral contract; promise not gratuitous where supported by consideration; partial performance; right-of-way easement; agreement that specifies both parties to mutually agree on a path; cannot be ultimately selected by one party over other’s opposition; trespass; interlocutory order subject to revisitation; agreement that lacks a meeting of the minds on essential term not a final agreement. | Waite | Jefferson |
11/1/2024
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11/7/2024
| 2024-Ohio-5279 |
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State v. Bradley
| 24 BE 0003 | felonious assault; discharging a firearm into a habitation; self defense; transferred intent self defense; jury instruction; plain error; inconsistent verdicts; “without privilege to do so” element of the offense; affirmative defense. | Robb | Belmont |
10/30/2024
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10/31/2024
| 2024-Ohio-5225 |
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State v. Smith
| 23 NO 0512 | Motion to Suppress; search warrant affidavit; United States Constitution First Amendment; social media; parody page; defamatory statements are not protected speech; United States Second Amendment; New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022); United States v. Rahimi, 144 S.Ct. 1889, 1898 (2024); Crim.R. 11; factual basis; ineffective assistance of counsel. | Waite | Noble |
10/29/2024
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11/7/2024
| 2024-Ohio-5280 |
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Triad Hunter, L.L.C. v. Eagle Natrium, L.L.C.
| 23 MO 0019 | elements of negligence met; expert not required on standard of care; elements of trespass met; intentional conduct required for trespass; oil and gas drilling; salt mining; brine caverns; motion for judgment notwithstanding the verdict; motion for new trial; stipulation as to ownership; evidence presented as to damages; denial of remittitur; punitive damages request denied; no actual malice; proper jury instructions; no permanent injunction; compensated for future damages; adequate remedy at law | Hanni | Monroe |
10/29/2024
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10/30/2024
| 2024-Ohio-5188 |
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State v. Middleton
| 2024-CO-0009 | Denial of motions to suppress on sufficiency of residential search warrant | King | Columbiana |
10/28/2024
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10/28/2024
| 2024-Ohio-5172 |
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Manshadi v. Bleggi
| 24 MA 0025 | CIVIL – Civ.R. 60(B); motion for relief from judgment; GTE prongs; timely filed; Appellants fail to demonstrate a meritorious defense or claim; Appellants are not entitled to relief under Civ.R. 60(B)(3) and (5); judgment affirmed. | Dickey | Mahoning |
10/28/2024
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10/30/2024
| 2024-Ohio-5191 |
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State v. Crespo
| 24 MA 0049 | For purposes of R.C. 2929.14(C)(3), a simultaneously imposed prison term falls within language referencing a prior or subsequently imposed prison term and must be ordered to run consecutively; requisite R.C. 2929.14(C)(4) factors need not be made where a trial court is mandated to impose a consecutive sentence. | Waite | Mahoning |
10/25/2024
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10/30/2024
| 2024-Ohio-5192 |
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State ex rel. Yost v. Crossridge, Inc.
| 24 JE 0009 | contempt of court; abuse of discretion in not imposing previously-ordered sanctions; law of the case | Hanni | Jefferson |
10/25/2024
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10/28/2024
| 2024-Ohio-5144 |
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State v. Anderson
| 24 BE 0004 | Obstruction of official business; sufficiency of the evidence; manifest weight of the evidence; serious fire burning out of control at defendant's home; she threated the fire chief and ordered them off the property; police arrived, defendant barricaded herself in the home and fled to the attic; defendant's actions delayed the fire department in performing its duties, constituting obstruction; judgment affirmed. | Waite | Belmont |
10/25/2024
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10/30/2024
| 2024-Ohio-5189 |
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State v. Hough
| 24 CO 0004 | Post-sentence motion to withdraw guilty plea; 80-count indictment for importuning, attempted unlawful sexual conduct with a minor, pandering obscenity involving a minor, and illegal use of a minor in nudity-oriented material; appellant argues his plea was coerced because he was in pain due to medical conditions when he entered his plea; trial judge repeatedly gave appellant opportunities to take breaks or postpone the change of plea hearing; judge carefully questioned appellant to ensure plea was voluntary contradictory answer from appellant on "defendant's response to court" thoroughly reviewed at the plea colloquy; trial judge satisfied appellant's pain did not render the plea involuntary; judgment affirmed. | Waite | Columbiana |
10/25/2024
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10/30/2024
| 2024-Ohio-5190 |
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Allen v. Mill Creek Metro. Park Dist.
| 24 MA 0050 | CIVIL - R.C. 1545.09; park district has implied authority to cull deer population to remedy ecological damage and protect the overall health and vitality of the deer population, based on park district’s actual authority to protect and preserve natural life therein. | Dickey | Mahoning |
10/23/2024
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10/24/2024
| 2024-Ohio-5105 |
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Gordon v. Smith
| 24 BE 0007 | habeas corpus; Civ.R. 12(B)(6) motion to dismiss for failure to a claim; procedural errors not cognizable in habeas corpus; charging instrument deficiencies; actual innocence; ineffective assistance of counsel; double-dismissal rule; voluntary dismissal | Per Curiam | Belmont |
10/22/2024
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10/22/2024
| 2024-Ohio-5065 |
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State v. Bunch
| 24 MA 0030 | POST CONVICTION RELIEF – post-conviction petition; dismissed following a hearing before the trial court on remand from the Supreme Court of Ohio; abuse of discretion standard of review. INEFFECTIVE ASSISTANCE OF COUNSEL – decision not to employ an eyewitness identification expert at the jury trial; trial strategy; counsel’s performance was neither deficient nor prejudicial; judgment affirmed. | Dickey | Mahoning |
10/22/2024
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10/23/2024
| 2024-Ohio-5085 |
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RL Clark, L.L.C. v. Hammond
| 23 BE 0047 | 1902 oil and gas reservation extinguished in a 1956 deed by marketable title act; Blackstone v. Moore, 2018-Ohio-4959; prior mineral interest reference was general, no specific identification of a prior recorded interest as part of the reference; mere mention of a prior recorded interest somewhere in a deed does not prevent extinguishment under Blackstone 3-part test; oil and gas lease can be a title transaction that acts as a savings event under the MTA, but the interest to be saved must arise out of the lease; mere filing of an oil and gas lease by the surface owner does not preserve a non-participating royalty interest under the MTA; judgment affirmed. | Waite | Belmont |
10/18/2024
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10/21/2024
| 2024-Ohio-5051 |
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State v. Joubert
| 24 MA 0023 | Misdemeanor conviction for domestic violence; sufficiency of the evidence; R.C. 2919.25; if the victim is a person living as spouse, cohabitation must be proven; if the assailant and the victim were not living together, factors in State v. Williams, 79 Ohio St.3d 459 (1997) must be proven; if the parties are living together, the Williams factors need not be proven; State v. McGlothan, 2014-Ohio-85 (2014); the state proved that the victim lived at appellant's house, kept her clothes and personal belongings there, parked her car in his garage, had complete access to his home, and that they slept together; cohabitation was proven; judgment affirmed. | Waite | Mahoning |
10/18/2024
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10/21/2024
| 2024-Ohio-5052 |
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State v. Flenniken
| 24 HA 0003 | CRIMINAL – presentence motion to withdraw plea; prejudice to state must focus on specific case against Appellant; motion for new counsel; reviewing court must presume regularity of proceedings where Appellant fails to provide transcript of hearing on motion; allied offenses of similar import; merger; trail court commits plain error where it fails to address merger at sentencing hearing. | Dickey | Harrison |
10/18/2024
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10/21/2024
| 2024-Ohio-5041 |
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State v. Bunch
| 21 MA 0067 | POST CONVICTION RELIEF – first amended post-conviction petition; dismissed without a hearing; abuse of discretion standard of review; R.C. 2953.21(C). INEFFECTIVE ASSISTANCE OF COUNSEL – re-sentencing; counsel’s performance was neither deficient nor prejudicial; judgment affirmed. | Dickey | Mahoning |
10/18/2024
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10/21/2024
| 2024-Ohio-5040 |
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Bone v. K.A. Brown Oil & Gas, L.L.C.
| 24 MO 0002 | Standing to sue; de novo review; injury in fact; personal stake; fairly traceable; redressability; actual notice; mandamus, R.C. 2731.04; Civ. R. 15(A); motion for leave to file amended complaint; abuse of discretion; untimeliness | Hanni | Monroe |
10/18/2024
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10/21/2024
| 2024-Ohio-5044 |
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State v. Tubbs
| 24 MA 0013, 24 MA 0018 | Appellate briefs by criminal appellant and counsel; waiver of issue raised on appeal; double jeopardy; dual sovereignty; res judicata; jail-time credit; state and federal sentences; abuse of discretion | Hanni | Mahoning |
10/17/2024
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10/21/2024
| 2024-Ohio-5042 |
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Bernat v. EK Real Estate Fund I, L.L.C.
| 24 MA 0015 | sell & stay agreement; arbitration provision in one of three contracts; motion to stay proceedings and compel arbitration; option agreement; unilateral contract; waiver of right to arbitrate | Hanni | Mahoning |
10/17/2024
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10/21/2024
| 2024-Ohio-5043 |
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In re J.L.C.
| 24 CA 0976 | CIVIL – R.C. 2151.23(A)(2), custody, nonparents; grandparents; parental suitability; detrimental to the child, alcohol consumption; best interest of the child. | Dickey | Carroll |
10/16/2024
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10/17/2024
| 2024-Ohio-4999 |
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Ohio Dept. of Taxation v. Skeels
| 24 CO 0006 | CIVIL – Appeal is moot where nonresident nonparty complies with judgment entry despite pending motion for stay. Voluntary compliance renders issue presented capable of repetition, but not evading review, where courts are likely to grant stay, and future litigants are unlikely to voluntarily comply with order compelling compliance when motion to stay is pending. | Dickey | Columbiana |
10/16/2024
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10/17/2024
| 2024-Ohio-5000 |
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State v. Vidale
| 24 MA 0043 | Crim. R. 16, discovery sanctions; abuse of discretion; willful withholding of discovery; speeding violation; laser detector; officer training on laser device | Hanni | Mahoning |
10/15/2024
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10/17/2024
| 2024-Ohio-5001 |
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State v. Gawron
| 24 BE 0013 | pandering sexually-oriented matter involving a minor; rape of a minor under 13 years of age; illegal use of a minor in nudity-oriented material; untimely postconviction petition; trial court lacked subject matter jurisdiction | Hanni | Belmont |
10/10/2024
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10/17/2024
| 2024-Ohio-4998 |
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State v. Harrison
| 19 JE 0009 | Failure to carry out appellate court order; sentence not vacated in accordance with court order; limited hearing to address vacated sentence. | Per Curiam | Jefferson |
10/10/2024
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10/17/2024
| 2024-Ohio-5016 |
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Katsigianis v. Burdick
| 24 MA 0052 | motion for shared parenting; motion for visitation; decision dismissing objections to magistrate’s decision; Juv.R. 40(D)(3)(b); R.C. 2323.311; indigent status; appellant's burden to provide an adequate record on appeal; R.C. 2701.03(A) | Hanni | Mahoning |
10/10/2024
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10/17/2024
| 2024-Ohio-5002 |
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State v. Kinney
| 22 MO 0002 | Application for reopening; App.R. 26(B); application filed 5 months after 90-day filing deadline; appellant argued that he delayed filing because he wanted to see how his appeal to the Ohio Supreme Court was resolved first; this reason does not constitute good cause for the delay in filing; application denied. | Per Curiam | Monroe |
10/9/2024
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10/17/2024
| 2024-Ohio-5018 |
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State v. Messenheimer
| 22 MA 0037 | Application for reopening; App.R. 26(B); application filed 7 months after 90-day filing deadline; appellant raises same issue that was raised in the direct appeal; res judicata; application denied. | Per Curiam | Mahoning |
10/9/2024
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10/17/2024
| 2024-Ohio-5017 |
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Eric Petroleum Corp. v. Ascent Resources-Utica, L.L.C.
| 23 CO 0055 | Arbitration is proper where express terms of the parties’ agreement reflect they intended disputes to be resolved through arbitration; choice-of-law provision; R.C. 2711.01(B); Ohio real estate exception to arbitration; law of the case doctrine; parties entitled to participate in arbitration. | Waite | Columbiana |
10/7/2024
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10/17/2024
| 2024-Ohio-5019 |
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Lumsden v. True N. Holdings, Inc.
| 23 MA 0119 | Negligence; premises liability; trip and fall; open and obvious doctrine; where a plaintiff admits that they would have seen a hazard if they had looked down and the hazard is otherwise open and obvious, no recovery. | Waite | Mahoning |
10/7/2024
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10/17/2024
| 2024-Ohio-5020 |
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State v. Notte
| 24 MA 0038 | sufficiency of the evidence; manifest weight of the evidence, R.C. 2913.02(A), theft offense | Hanni | Mahoning |
10/4/2024
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10/8/2024
| 2024-Ohio-4873 |
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State v. Rivers
| 23 MA 0124, 23 MA 0126 | CRIMINAL LAW – aggravated robbery; robbery; felonious assault; having weapons while under disability; grand theft; jury trial; consecutively sentenced to an aggregate prison term of 20 years (minimum) to 23 and one-half years (maximum); sentence ordered to be served concurrently to a sentence Appellant was serving for a conviction in Trumbull County; consolidated appeals; waiver of counsel; Sixth Amendment; Appellant remained steadfast in his choice to proceed pro se; the trial court discussed the risks of self-representation and even took the extra step in appointing standby counsel; Appellant’s waiver was knowing, intelligent, and voluntary; Appellant was not “compelled” to appear in jail clothing; Appellant neither filed a motion to appear in civilian clothing nor objected to being present at trial in his jail uniform; the trial court gave a cautionary instruction to the jury; no prejudice; Crim.R. 8(A); joinder; Crim.R. 14; Crim.R. 33; motion for new trial; manifest weight; the trial court’s imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(c) is supported by the record. INEFFECTIVE ASSISTANCE OF COUNSEL – standby counsel’s performance was neither deficient nor prejudicial; no cumulative error; judgment affirmed. | Dickey | Mahoning |
10/4/2024
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10/8/2024
| 2024-Ohio-4868 |
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State v. Weaver
| 24 MA 0029, 24 MA 0036 | CRIMINAL – A trial court strictly complies with the Crim.R. 11(C)(2)(c) notice requirement regarding the constitutional right against self-incrimination by informing a defendant that he is waiving his right not to testify. | Dickey | Mahoning |
10/3/2024
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10/8/2024
| 2024-Ohio-4872 |
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Prey v. Franciscan Univ. of Steubenville
| 24 JE 0004 | CIVIL – App.R. 26; application for reconsideration; ecclesiastical abstention doctrine; First Amendment, employee of religious institution. | Per Curiam | Jefferson |
10/3/2024
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10/8/2024
| 2024-Ohio-4871 |
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Dunn v. W. Roofing Sys., Inc.
| 23 MO 0024 | Motion to dismiss; claims for death benefits; right to participate; R.C. 4123.512(A); R.C. 4123.59(D); standing. | Waite | Monroe |
9/26/2024
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10/7/2024
| 2024-Ohio-4856 |
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State v. McBride
| 24 CO 0005 | Misdemeanor assault; no contest plea; appellant claimed he suffered from epilepsy and was disabled when he entered his plea, judge failed to make further inquiries; post-sentence motion to withdraw plea only granted upon showing of manifest injustice; record does not indicate appellant was suffering from the effects of epilepsy when he entered his plea, no indications of any type of impairment that required judge to investigate further; judge substantially complied with requirements to inform appellant of the right to retain counsel, right to continuance to obtain counsel, and right to appointed counsel; judgment affirmed. | Waite | Columbiana |
9/19/2024
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10/8/2024
| 2024-Ohio-4870 |
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State v. Yerkey
| 23 CO 0054 | Probation revocation proceedings must be initiated before expiration of community control sentence; state timely initiated probation revocation by filing a notification of hearing and violations and setting a show cause hearing two months before community control expired; court substantially complied with requirement to notify appellant of the right to retained counsel, Crim.R. 32.3(B); court failed to follow State v. Fugate by not applying jail time credit to all concurrent sentences; case remanded to apply 44 days of jail time credit to sentence. | Waite | Columbiana |
9/19/2024
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10/7/2024
| 2024-Ohio-4849 |
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State v. Curry
| 24 MA 0016 | Motion to suppress; search warrant issued solely on facts presented in affidavit in support of the warrant; affidavit connected a police investigation for domestic violence and possession of cocaine to the apartment where the perpetrators were staying; good faith exception to the exclusionary rule also applies; judgment affirmed. | Waite | Mahoning |
9/18/2024
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10/7/2024
| 2024-Ohio-4858 |
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Gabriel v. Kladitis
| 23 MA 0020 | Abuse of process; conversion; for invasion of privacy; mental distress may be demonstrated through the victim’s testimony; a victim need not show that mental distress required therapy. | Waite | Mahoning |
9/18/2024
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10/7/2024
| 2024-Ohio-4850 |
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State v. Faiola
| 23 CO 0049 | Illegal conveyance of drugs into a detention center; challenge to consecutive sentence; appellant argues that court did not take into account prison death threats that coerced him and his mother to bring fentanyl soaked papers into prison; record supports trial court’s consideration of all appropriate factors in imposing consecutive sentence; judgment affirmed. | Waite | Columbiana |
9/18/2024
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10/7/2024
| 2024-Ohio-4848 |
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State v. Henderson
| 23 MA 0122 | A trial court must make all postrelease control advisements at the sentencing hearing and within its judgment entry; absent limited circumstances, a trial court must impose concurrent sentences for felony and misdemeanor convictions; a defendant must demonstrate prejudice when attempting to demonstrate non-compliance with a Crim.R. 11 nonconstitutional right; where two felony drug convictions involve drugs that are classified and penalized differently, no merger in required; crimes committed separately and with a separate animus and cannot be considered allied offenses of similar import. | Waite | Mahoning |
9/18/2024
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10/7/2024
| 2024-Ohio-4854 |
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Bell v. Ohio Living Communities
| 22 MA 0131; 23 MA 0002 | Medical malpractice; wrongful death; saving statute R.C. 2305.19, revised in 2004; complaint filed a third time after two previous dismissals not on the merits; trial court dismissed because saving statute could be used only once and statutes of limitation had expired; prior law limiting saving statute to one-time-use overruled by McCullough v. Bennett, 2024-Ohio-2783, decided July 24, 2024; dicta in Thomas v. Freeman, 79 Ohio St.3d 221 (1997) based on prior version of saving statute; saving statute no longer dependent on expiration of statute of limitations; both refilings of the complaint were within requirements of the current version of saving statute; trial court judgment reversed; no attorney fees because complaint reinstated and remanded to trial court for further proceedings. | Waite | Mahoning |
9/17/2024
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10/7/2024
| 2024-Ohio-4843 |
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State v. Turner
| 23 BE 0043 | Motion to withdraw plea; State v. Xie, 62 Ohio St.3d 521, 584 N.E.2d 715 (1992); prejudice and the completeness of a Crim.R. 11 analysis are not outcome determinative in reviewing a pre-sentence motion to withdraw a plea. | Waite | Belmont |
9/16/2024
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10/7/2024
| 2024-Ohio-4845 |
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