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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Payne 2017-L-157, 2017-L-158CRIMINAL LAW - felony sentencing; consecutive sentences; 27 months imprisonment; statutory factors; proper findings; supported by the record.RiceLake 9/17/2018 9/17/2018 2018-Ohio-3740
State v. McKee 2017-P-0033CRIMINAL LAW - aggravated murder; aggravated robbery; grand theft of a motor vehicle; aggravated arson; firearm specifications; phone records; search warrant; lawful seizure; manifest weight of the evidence; sufficient, credible evidence to support convictions. RicePortage 9/17/2018 9/17/2018 2018-Ohio-3741
State v. Peace 2017-P-0037CRIMINAL LAW - Merger not warranted when offenses are based on separate acts; post-release control mandatory for first-degree felony sex offenses; R.C. 2929.19(B)(2)(f) does not contain a notification requirement.WrightPortage 9/17/2018 9/17/2018 2018-Ohio-3742
Kent v. CDC-Kent, L.L.C. 2017-P-0081CIVIL - planning commission; codified ordinances; zoning; amendment; constitutionality; void ab initio; R.C. 713.121; statute of limitations; procedural error; preliminary injunction; permanent injunction; declaratory judgment; counterclaim; motion to vacate; void judgment; jurisdiction; Civ.R. 60(B); voidable judgment; any other reason justifying relief from judgment; court errors and omissions beyond control of the movant; due process; notice; opportunity to be heard; no notice that counterclaim was subject to dismissal; movant's burden is to allege a meritorious claim not to prevail on the merits; injustice. OTHER CIVIL RULES - Civ.R. 53; judgment; interim order; magistrate's decision; magistrate's order; Civ.R. 41(A); notice of voluntary dismissal; self-executing; without order of court; Civ.R. 56; summary judgment; Civ.R. 54(B); no just reason for delay; final appealable order.CannonPortage 9/17/2018 9/17/2018 2018-Ohio-3743
McCormack v. Jefferson Area Local School Dist. 2018-A-0005CIVIL - PUBLIC EMPLOYMENT - PROVISION OF DEFENSE AT PUBLIC EXPENSE - R.C. 2744.07(A)(1); following amendment to this statute, in order for a political subdivision to be required to provide a defense for its employee, the trial court must determine that the employee's act occurred while he was acting both in good faith and not manifestly outside the scope of his employment; the pleadings themselves no longer provide an alternative basis on which to require a subdivision to provide its employee with a defense; appellate court held the trial court's finding that the girls basketball coach's sexual activity with two of his students could not reasonably be considered to be in the scope of his employment was supported by competent, credible evidence.RiceAshtabula 9/17/2018 9/17/2018 2018-Ohio-3744
State v. Lao 2018-A-0038CRIMINAL LAW - plea of guilty; preliminary hearing; hearing on motion to suppress; no transcripts of proceedings; unreviewable; no ineffective assistance of counsel. RiceAshtabula 9/17/2018 9/17/2018 2018-Ohio-3745
Andolsek v. Polstein 2018-L-054APPELLATE REVIEW - Motion for reconsideration is a nullity; does not extend the time to appeal a final judgment; App.R. 4; Civ.R. 58(B), untimely appeal.GrendellLake 9/10/2018 9/12/2018 2018-Ohio-3626
State v. Hubbard 2017-P-0042CRIMINAL - Nonsupport of Dependents; R.C. 2919.21(A)(2) and (B); State v. Pittman; current obligation to pay support; arrearage-only order; emancipationGrendellPortage 9/10/2018 9/10/2018 2018-Ohio-3627
State v. Braun 2017-L-003CRIMINAL LAW - domestic violence; fair trial; due process of law; abuse of discretion standard; Evid.R. 401, 402, 403(A), 404(B); R.C. 2903.211; manifest weight of the evidence.O'TooleLake 9/10/2018 9/10/2018 2018-Ohio-3628
Kennedy v. Specht 2017-A-0079CIVIL - conversion; bailment; failure to state a claim; dismissal; Civ.R. 12(B)(6); prosecutorial immunity; R.C. 2744.03(A)(7); common law; investigative/administrative functionsGrendellAshtabula 9/10/2018 9/10/2018 2018-Ohio-3629