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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Ballard
| 24 MA 0033 | Application to reopen appeal; App.R. 26(B). | Per Curiam | Mahoning |
3/14/2025
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3/21/2025
| 2025-Ohio-994 |
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Mineral Dev., Inc. v. SWN Prod., L.L.C.
| 24 MO 0013 | application for reconsideration denied; plain language of 1918 deed applied and lease royalties based on pooling of the premises at issue must be shared by the non-participating royalty interest. | Per Curiam | Monroe |
3/12/2025
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3/13/2025
| 2025-Ohio-827 |
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State v. Piatt
| 24 MO 0016 | Motion for early termination of sex offender registration requirements; trial court’s failure to provide basis for denial; res judicata does not bar a second motion for early termination of sex offender registration requirements so long as the second motion is not merely a substitute for an appeal of the earlier filed motion. | Waite | Monroe |
3/10/2025
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3/21/2025
| 2025-Ohio-995 |
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State v. McGrew
| 24 CO 0022 | Petition for reconsideration; mere disagreement with the Court’s logic insufficient to raise an issue for reconsideration; motion to certify a conflict; factual differences do not create conflicts of law. | Per Curiam | Columbiana |
3/5/2025
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3/21/2025
| 2025-Ohio-993 |
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JPMorgan Chase Bank, N.A. v. Gallabrese
| 24 JE 0015 | affirming summary judgment to bank on credit card account; no genuine issue of fact raised on unconscionability; contractual interest rate was not limited by 8% usury statute; no due process violation in ruling on bank’s motion for extension. | Robb | Jefferson |
3/5/2025
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3/6/2025
| 2025-Ohio-733 |
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A.M. v. Leone
| 24 MA 0077, 24 MA 0083 | CIVIL – domestic violence civil protection order; clear and convincing evidence; fear; change in routine; judicial bias; failure to assert property rights. | Dickey | Mahoning |
3/4/2025
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3/5/2025
| 2025-Ohio-728 |
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State v. Heath
| 24 MA 0062 | Witness identification of a perpetrator is sufficient evidence as to identity; where victim provides identification of a perpetrator and circumstantial evidence supports that identification, conviction not against the manifest weight of the evidence; untimely Crim.R. 33 motion filed without obtaining leave properly denied without hearing; no cumulative error where no harmless or reversible error is found. | Waite | Mahoning |
2/28/2025
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3/21/2025
| 2025-Ohio-996 |
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State v. Perkins
| 24 MA 0054 | Juror misconduct; challenge for cause, R.C. 2313.17(B)(9); abuse of discretion; peremptory challenge; new trial on basis of juror misconduct, Crim. R. 33(B)(2); child competency; competency determination, R.C. 2317.01; Evid. R. 601; child testimony; manifest weight of the evidence; sufficiency of the evidence; rape, R.C. 2907.02(A)(1)(b); gross sexual imposition, R.C. 2907.05(A)(4) | Hanni | Mahoning |
2/26/2025
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2/26/2025
| 2025-Ohio-634 |
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Ellyson v. Ellyson
| 24 CO 0026 | abuse of discretion; valuation of real property; factual issue; whether offer to purchase property was genuine goes to the weight of the evidence; date of appraisals goes to weight to be given the evidence, not admissibility; characterization of property as marital or separate involves a factual inquiry; credibility determinations afforded discretion. | Robb | Columbiana |
2/26/2025
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2/27/2025
| 2025-Ohio-639 |
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State v. Newberry
| 24 CO 0032 | illegal use of a minor or impaired person in nudity-oriented material or performance: engaging in prostitution; possessing criminal tools; sufficient evidence supported convictions; convictions not against manifest weight of the evidence; trial court made statutory consecutive-sentencing findings | Hanni | Columbiana |
2/21/2025
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2/24/2025
| 2025-Ohio-586 |
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State ex rel. Wise v. Belmont Cty. Common Pleas Court
| 24 BE 0052 | Original action; writ of mandamus; sui juris; court of common pleas not a legal entity capable of being sued; sua sponte dismissal. | Per Curiam | Belmont |
2/21/2025
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3/21/2025
| 2025-Ohio-992 |
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State v. Biddle
| 24 BE 0035 | aggravated trafficking in drugs; having a weapon while under disability; guilty plea; court made required statutory consecutive sentencing findings; consecutive sentencing findings supported by record; no violation of right to allocution | Hanni | Belmont |
2/20/2025
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2/21/2025
| 2025-Ohio-568 |
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State v. Miller
| 24 BE 0031 | Illegal conveyance into a detention center; challenge to prison term imposed for fourth degree felony; court made the determination that appellant had prior felony record, which disqualified him for mandatory community control; prior felony record also gave the court discretion to impose a prison term under R.C. 2929.13(B)(1)(b); appellant's argument regarding lack of findings supporting R.C. 2929.11 and 2929.12 summarily overruled; argument that court failed to cite appellant's twenty-year record of law-abiding life is not supported by the record; judgment affirmed. | Waite | Belmont |
2/20/2025
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3/21/2025
| 2025-Ohio-991 |
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State v. Frye
| 24 CO 0028 | CRIMINAL LAW – illegal use of minor or impaired person in nudity oriented material or performance; pandering obscenity involving a minor or impaired person; guilty plea; Tier II Sex Offender; consecutive sentence; 32 years in prison; substantial compliance with non-constitutional notice provisions under Crim.R. 11(C)(2)(a)-(b); trial court not obligated to follow joint sentencing recommendation; Appellant’s sentence is not contrary to law; R.C. 2953.08(G); judgment affirmed. | Dickey | Columbiana |
2/20/2025
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2/21/2025
| 2025-Ohio-569 |
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Gamble v. Valley Oaks Care Ctr.
| 24 CO 0029 | refiled action barred by four-year statute of repose for medical claims; where original action was timely filed but then voluntarily dismissed, the saving statute may allow refiling within one year for purposes of the statute of limitation but this does not extend the statute of repose, as the Ohio Supreme Court considers the statute of repose a hard deadline that is not satisfied by refiling under saving statute. | Robb | Columbiana |
2/20/2025
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2/21/2025
| 2025-Ohio-570 |
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Johnson v. Sailor
| 24 MA 0063 | CERTIFICATION – App.R. 25(A); Ohio Constitution, Article IV, Section 3(B)(4); this court’s decision is not in conflict with the decisions cited by Appellant from the Second, Third, Fourth, Eighth, Ninth, and Tenth District Courts of Appeal. EN BANC – App.R. 26(A)(2); our decision is not in conflict with another decision from our district; Appellant has failed to identify a dispositive issue; there is no basis for en banc consideration; joint application denied. | Per Curiam | Mahoning |
2/20/2025
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2/21/2025
| 2025-Ohio-571 |
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Johnson v. Sailor
| 24 MA 0063 | RECONSIDERATION – App.R. 26(A); Appellant has not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law; application denied. | Per Curiam | Mahoning |
2/20/2025
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2/21/2025
| 2025-Ohio-572 |
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State v. Shurtleff
| 24 MA 0082 | CRIMINAL – non-violent fifth degree felonies, maximum sentence, presumption against incarceration, exception, commission of a felony, previously served prison time. | Dickey | Mahoning |
2/20/2025
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2/21/2025
| 2025-Ohio-574 |
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State v. Huntsman
| 24 MO 0014 | having weapons while under a disability; aggravated drug possession; guilty plea; no ineffective assistance of counsel; jointly recommended sentence | Hanni | Monroe |
2/20/2025
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2/21/2025
| 2025-Ohio-573 |
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State v. Olman
| 24 BE 0033 | CIVIL – Civ.R. 60(B); motion for relief from judgment; timeliness of appeal; denial of postconviction petition; GTE prongs; motion timely filed; Appellant fails to demonstrate a meritorious defense or claim; Appellant is not entitled to relief under Civ.R. 60(B)(1) or (5); judgment affirmed. | Dickey | Belmont |
2/10/2025
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2/11/2025
| 2025-Ohio-437 |
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Abruzzino v. Brown
| 24 CO 0021 | Vexatious litigator; R.C. 2323.52(D)(1); cases assigned by the administrative judge; Sup.R. 36; motions filed by counsel used in determining vexatious litigator where the filings are attributable to the party. | Waite | Columbiana |
2/6/2025
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2/11/2025
| 2025-Ohio-438 |
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Mineral Dev., Inc. v. SWN Prod. Co., L.L.C.
| 24 MO 0013 | horizontal well traversing beneath surface plainly qualifies as a well drilled on the property for purposes of deed reserving royalty interest in oil and gas production; landowner’s pooling and unitization agreement does not exclude royalty interest from lease royalties but instead agreed a well on any unitized land will have the same effect as if located on the land subject to the lease; thus, even the fourth well, which did not traverse beneath the premises at issue, qualified as a well drilled on the premises to which the royalty interest in oil and gas produced applies. | Robb | Monroe |
2/6/2025
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2/7/2025
| 2025-Ohio-395 |
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Bernat v. EK Real Estate Fund I., L.L.C.
| 24 MA 0015 | motion for sanctions; appeal not frivolous; Seventh Dist.Loc.R. 23(A) | Per Curiam | Mahoning |
2/6/2025
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2/7/2025
| 2025-Ohio-393 |
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Patrick v. Mercy Health Youngstown, L.L.C.
| 24 MA 0034 | Whitelock v. Gilbane Bldg. Co., 66 Ohio St.3d 594, 596 (1993); App.R. 25; motion to certify a conflict; rule of law. | Per Curiam | Mahoning |
2/6/2025
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2/7/2025
| 2025-Ohio-394 |
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State v. Cruz
| 24 BE 0045 | double jeopardy; merger of allied offenses; R.C. 2941.25; consecutive sentences; R.C. 2929.14(C)(4); findings. | Robb | Belmont |
2/5/2025
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2/6/2025
| 2025-Ohio-379 |
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State v. Yost
| 24 CO 0016 | child-victim’s friend testimony on what victim told him would be harmless even assuming it was inadmissible hearsay as victim testified at trial; no plain error in allowing expert testimony on victim’s psychological diagnoses and self-harm as this was not akin to an opinion on child’s veracity; counsel was not ineffective; sufficiency and weight of the evidence on rape and gross sexual imposition. | Robb | Columbiana |
2/5/2025
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2/6/2025
| 2025-Ohio-380 |
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Blakeman v. Cline
| 24 CO 0019 | Motion for relief from judgment; Civ.R. 60(B); right to redeem; interlocutory order; excusable neglect; abuse of discretion. | Robb | Columbiana |
2/5/2025
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2/6/2025
| 2025-Ohio-381 |
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In re T.M.
| 24 MA 0072 | R.C. 5122.15; involuntary commitment; affidavit in support of commitment contained a preponderance of evidence to establish probable cause to justify further commitment proceedings; clear and convincing evidence presented to justify continued involuntary commitment; judgment affirmed. | Waite | Mahoning |
2/4/2025
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2/11/2025
| 2025-Ohio-439 |
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State v. Reese
| 14 MA 0116 | App.R. 26(B); untimely filing; lack of good cause | Per Curiam | Mahoning |
1/30/2025
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1/30/2025
| 2025-Ohio-288 |
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State v. Reese
| 24 MA 0075 | Postconviction relief; R.C. 2953.21; trial court not required to wait for response to the state's motion to dismiss petition; trial court may rule on meritless petition at any time; trial court has discretion to deny motion to amend petition filed nine years after the petition was filed and nine years after petition was denied; denial of petition for postconviction relief is a final appealable order even if court fails to timely file findings of fact and conclusions of law; judgment affirmed. | Waite | Mahoning |
1/30/2025
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2/3/2025
| 2025-Ohio-337 |
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State v. Sayles
| 24 JE 0012 | Crim.R. 33 motion for new trial; motion for leave to file Crim.R. 33 motion; trial court must rule on motion for leave to file Crim.R. 33 motion first; guilty plea bars Crim.R. 33 motion; App.R. 12(B); trial court correct judgment, but incorrect rationale | Hanni | Jefferson |
1/30/2025
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1/30/2025
| 2025-Ohio-290 |
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Bishop v. Bishop
| 24 CO 0030 | CIVIL – Judgment entry setting aside default judgment on pro se fraud claims entered without an evidentiary hearing is affirmed pursuant to Civ. R. 60(B)(5). Complaint alleged former wife intentionally misrepresented the paternity of children born during her marriage to Appellant. Trial court awarded almost one-and-a-half million dollars in damages, despite no evidence of damages in the record, and likelihood that the paternity of the children had been established in their divorce decree. Trial court should have held a hearing before finding excusable neglect under Civ. R. 60(B)(1) based on Appellee’s self-serving affidavit. Civ. R. 60(B)(4) must be based on event subsequent to the entry of default judgment. | Dickey | Columbiana |
1/29/2025
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1/30/2025
| 2025-Ohio-289 |
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State v. McGrew
| 24 CO 0022 | Failure to comply; ineffective assistance; plain error; verdict form error; suspect identification is credibility issue; manifest weight of the evidence; sufficiency of the evidence; alleged juror bias; jurors not automatically excused simply for being acquainted with or related to law enforcement; prosecutorial error; prior bad acts. | Waite | Columbiana |
1/29/2025
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2/3/2025
| 2025-Ohio-333 |
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State v. Venable
| 24 MA 0059 | Murder conviction with two gun specifications; defendant admitted to shooting the victim, but relied on the defense of self-defense at trial; court properly disallowed other acts evidence intended to show a fearful state of mind because the evidence was remote in time from the murder; manifest weight of the evidence supported the murder conviction and did not support a theory of self-defense; trial court properly imposed two separate sentences for gun specifications under R.C. 2941.145 and 2941.146; there was no double jeopardy violation in imposing both gun specifications because they involved sentencing rather than being part of the offense; judgment affirmed. | Waite | Mahoning |
1/29/2025
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2/3/2025
| 2025-Ohio-335 |
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Craig v. Athey
| 24 MA 0069 | Motion to reallocate parental rights; trial court determined that no change in circumstances had occurred; record show that mother was the residential parent and she moved from Austintown to Canton, a 45-minute drive away; the move did not have adverse effects on the child and may have improved prior difficulties with the transfer of the child for visitation; both parties admitted violating the visitation order; when no change of circumstances has occurred, the court does not need to perform a best interest analysis; the court, though, as a precaution, also found that the change of custody would not be in the best interests of the child; judge was presumed to follow the best interest factors in R.C. 3109.04; judgment affirmed. | Waite | Mahoning |
1/29/2025
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2/3/2025
| 2025-Ohio-336 |
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Claugus Family Farm & Forests, L.P. v. Piatt
| 24 MO 0015 | CIVIL – The residuary clause of a recorded will constitutes a recorded title transaction for the purposes of the Marketable Title Act, and prevents extinguishment of a pre-root royalty interest. The recorded will of a royalty interest owner using a different first name than the transaction creating her interest is a recorded title transaction, where the woman’s identity can be confirmed through public records. The preservation of one fractional royalty interest does not preserve a separate and distinct fractional interest transferred to a different person albeit in the same sale of royalty. | Dickey | Monroe |
1/29/2025
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1/30/2025
| 2025-Ohio-291 |
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Turner v. Pontones
| 23 CA 0972, 23 CA 0973 | De novo review; Civ. R. 56, summary judgment; insurance contract; interpretation against the drafter; undefined words in insurance contract; ambiguity; common and plain meaning; “non-owned” auto; recreational vehicle | Hanni | Carroll |
1/28/2025
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1/29/2025
| 2025-Ohio-253 |
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State v. Horst
| 24 CO 0007 | A peremptory challenge to exclude a juror based on religion and additional grounds is not a violation of law; expert testimony regarding Perception Response Time is properly excluded where it is irrelevant and does not assist the trier of fact; the failure to instruct a jury on the lesser included offense is not an abuse of discretion where it is not legally supported; State v. Robertson, 2023-Ohio-2200 (3rd Dist.). | Waite | Columbiana |
1/28/2025
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2/3/2025
| 2025-Ohio-332 |
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Menges v. Strunk
| 24 BE 0018 | CIVIL – 2013 judgment entry finding abandonment of mineral interest in 280-acre property is void in part, where intervening complaints, which asserted new claims and additional damages, as well as the same claim (abandonment) as the properly-served original complaint (10 acres) but related to additional 270 acres, were not served on defaulting defendants. Neither actual notice of claims in intervening complaints by defaulting defendants nor equitable doctrines revive the 2013 void judgment based on lack of jurisdiction. | Dickey | Belmont |
1/28/2025
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1/29/2025
| 2025-Ohio-252 |
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State v. Herring
| 24 JE 0010 | Domestic violence conviction; manifest weight of the evidence supports conviction despite victim blacking out during altercation; proof of physical harm; ineffective assistance; joinder; no ineffective assistance in failing to request severance; effect of acquittal on ineffective assistance claim. | Waite | Jefferson |
1/28/2025
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2/3/2025
| 2025-Ohio-334 |
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State v. Billman
| 24 BE 0040 | aggravated possession of drugs; guilty plea; agreed-upon sentence; plea entered knowingly, voluntarily, and intelligently | Hanni | Belmont |
1/24/2025
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1/24/2025
| 2025-Ohio-211 |
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State v. Warren
| 24 BE 0016 | No abuse of discretion in denying motion for leave to file a motion to suppress where counsel was derelict and no nexus exists between discovery and basis for suppression; Fourth Amendment; consent; scope of consent; Brady v. Maryland, 373 U.S. 83 (1963); ineffective assistance of counsel. | Waite | Belmont |
1/24/2025
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1/29/2025
| 2025-Ohio-256 |
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Johnson v. Sailor
| 24 MA 0063 | MUNICIPAL COURT – small claims; hearing; magistrate’s decisions adopted; $3,000.00 judgment; verbal agreement; song recordings; Civ.R. 60(A); service perfected under Civ.R. 3(A); continuance; R.C. 1925.10(B); counterclaim; breach of contract; manifest weight of the evidence; judgments affirmed. | Dickey | Mahoning |
1/24/2025
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1/24/2025
| 2025-Ohio-212 |
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Grace v. Perkins Restaurant
| 24 MA 0079 | complaint dismissed for failure to state a claim upon which relief could be granted; Ohio Consumer Sales Protection Act ("CSPA"); Civ.R. 4.1; no authority for appellate court to consider recusal or disqualification of judge | Hanni | Mahoning |
1/24/2025
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1/24/2025
| 2025-Ohio-213 |
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State v. Green
| 24 MA 0014 | Aggravated murder; denial of request for jury instructions for voluntary manslaughter; rape; sufficiency of the evidence; manifest weight of the evidence; valid waiver of Miranda rights during police interview; harmless error. | Waite | Mahoning |
1/24/2025
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1/29/2025
| 2025-Ohio-255 |
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State v. Payne
| 24 CO 0012, 24 CO 0013, 24 CO 0014 | motion for reconsideration; motion for en banc review; motion to certify a conflict | Per Curiam | Columbiana |
1/23/2025
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1/24/2025
| 2025-Ohio-200 |
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Luke v. Short Creek Joint Fire Dist.
| 24 JE 0005 | reversing the denial of summary judgment motion filed by political subdivision and employees, who were immune from liability; no evidence of negligence as required for the immunity exceptions involving the operation of a motor vehicle or the performance of a proprietary function; no duty; no recklessness as required to defeat primary assumption of the risk doctrine; employees’ performance was not manifestly outside scope of employment or reckless. | Robb | Jefferson |
1/23/2025
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1/24/2025
| 2025-Ohio-203 |
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State v. Tullio
| 24 MA 0068 | Sufficiency of the evidence; manifest weight of the evidence; gross sexual imposition, R.C. 2907.05(A); sexual contact, R.C. 2907.01(B); felony sentencing, R.C. 2929.11; consecutive sentencing, R.C. 2929.14. | Hanni | Mahoning |
1/21/2025
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1/24/2025
| 2025-Ohio-206 |
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Hodkinson v. Hodkinson
| 24 HA 0007 | CIVIL – The trial court properly applied the best interest standard when terminating a shared parenting plan. Trial court did not abuse its discretion in terminating the shared parenting plan and designating Father the residential and custodial parent where Mother persisted in her belief that children were being molested by paternal relatives despite four investigations by independent agencies finding the allegations were unsubstantiated, denied Father’s parenting time, and violated the shared parenting plan. | Dickey | Harrison |
1/21/2025
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1/24/2025
| 2025-Ohio-202 |
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State v. Rose
| 24 JE 0013 | felonious assault; direct evidence; circumstantial evidence; conviction not against the manifest weight of the evidence; Evid.R. 615(A); counsel not ineffective for failing to move to separate the witnesses prior to trial | Hanni | Jefferson |
1/21/2025
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1/24/2025
| 2025-Ohio-204 |
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