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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Machnics v. Sloe 2013-G-3138CONTEMPT - agreed judgment entry; settlement; zoning violations; ambiguous provisions; contract law; abuse of discretion; parol evidence; intent of the parties; purge conditions; jail time; purposeful and continued violations.WrightGeauga 6/30/2015 6/30/2015 2015-Ohio-2592
Conneaut v. Buck 2014-A-0053CIVIL - attorney fees; declaratory judgment action; private or public street; further relief; separate complaint; R.C. 2721.09; based upon declaratory judgment action previously granted; not applicable; frivolous conduct; R.C. 2323.51; not conducting proper research; failed to establish that street was dedicated to public use; official plat map; established prima facie evidence; not filed to harass or maliciously injure; warranted under existing law; adverse possession; implies road was public and later abandoned; land owners benefitted from declaratory judgment complaint; no adverse effect; court abused discretion; cross-appeal moot.RiceAshtabula 6/30/2015 6/30/2015 2015-Ohio-2593
State ex rel. DeWine v. Big Sky Energy 2014-A-0060CIVIL -Ohio EPA; wetlands; damage; complaint for injunctive relief; civil penalties; R.C. Chapter 6111.; answer filed; hearing notice; defendant received no actual notice; did not appear for liability hearing; case proceeded; constructive notice; duty to check docket; request for permanent injunciton; greater attention to procedural safeguards; Loc.R. 7; case management guidelines; Loc.R. 6(B); scheduling conference; court must comply with general case management framework of local rules; counsel not responsible for lack of notice; active participation prior to and after liability hearing; Civ.R. 60(B); no final order; construe as motion for reconsideration; vacate judgment.RiceAshtabula 6/30/2015 6/30/2015 2015-Ohio-2594
State v. Karsikas 2014-A-0065CRIMINAL- Alford plea; motion to withdraw plea; abuse of discretion; basis for entering guilty plea; benefit received from Alford plea; sentencing; purposes and principles of sentencing; expression of remorse; maximum sentence; presumption of community control; R.C. 2929.13(B)GrendellAshtabula 6/30/2015 6/30/2015 2015-Ohio-2595
State v. Grega 2014-A-0075CIVIL - petition for post-conviction relief; successive; deny; appeal perfected; trial court; jurisdiction not inconsistent with appellate court's jurisdiction; appeal dismissed.RiceAshtabula 6/30/2015 6/30/2015 2015-Ohio-2596
State v. Curry 2015-A-0002CRIMINAL LAW - post-sentence motion to withdraw guilty plea; Crim.R. 32.1; amended charge; OVI; having physical control; ineffective assistance of counsel; compel discovery; due process; alleged non-jurisdictional errors; waived; res judicata.RiceAshtabula 6/30/2015 6/30/2015 2015-Ohio-2597
State v. Spragling 2015-A-0008CRIMINAL LAW - Revocation of community control; violation of term; validity of term; failure to contest validity in appeal of conviction; res judicata; defense of impossibility; inapplicable when inability to comply caused by defendant.WrightAshtabula 6/30/2015 6/30/2015 2015-Ohio-2598
Wells Fargo Bank v. Watson 2014-A-0062REAL PROPERTY - foreclosure; holder of note may convert a blank endorsement into a special endorsement; R.C. 1303.25(C); one may be a person entitled to enforce a note even though the person is not the owner of the note; R.C. 1303.31(B); mortgage is validly assigned although the assignment is signed by an agent of the assignee; mortgagor does not have standing to challenge the mortgage assignment; assertion of personal knowledge satisfies the personal knowledge requirement of Civ.R. 56 if nature of facts in affidavit combined with identity of affiant creates reasonable inference that affiant has personal knowledge of facts in affidavit; personal knowledge may be inferred from contents of affidavit; affiant need not have firsthand knowledge of the transaction at issue, but it must be shown the affiant is sufficiently familiar with operation of business and with circumstances of the record's preparation and maintenanceRiceAshtabula 6/30/2015 6/30/2015 2015-Ohio-2599
State v. Wright 2013-L-088CRIMINAL - repeat OVI offender specification; waiver of counsel; R.C. 2945.75(B)(3); constitutional defect in prior conviction; motion to suppress; reasonable suspicion or probable cause; marked-lanes violation.CannonLake 6/30/2015 6/30/2015 2015-Ohio-2600
State v. Wright 2013-L-089CRIMINAL - repeat OVI offender specification; equal protection; waiver of counsel; R.C. 2945.75(B)(3); constitutional defect in prior conviction. CannonLake 6/30/2015 6/30/2015 2015-Ohio-2601