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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Hayes 2014-P-0044CRIMINAL LAW - PLEAS, MOTIONS & OTHER HEARINGS - rape; App.R. 5(A); delayed appeal; Crim.R. 11(C); the standard of review for whether a trial court accepted a plea in compliance with Crim.R. 11(C) is de novo; a trial court must strictly comply when advising a defendant of constitutional rights; the test for strict compliance is whether the record shows the trial court explained a defendant's constitutional rights in a manner reasonably intelligible to the defendant. O'ToolePortage 5/2/2016 5/2/2016 2016-Ohio-2794
State v. Aikens 2014-T-0124CRIMINAL LAW - rape; gross sexual imposition; child; manifest weight of the evidence; R.C. 2929.14(C)(4); trial court must make findings before imposing consecutive sentences on multiple offenses; plain error; sentencing court is not required to give reasons for a consecutive sentence; trial court's failure to incorporate findings required by R.C. 2929.14 in the sentencing entry after making those findings at sentencing hearing does not render sentence contrary to law; such clerical mistake can be corrected via nunc pro tunc entry; trial court's failure to make the findings at the sentencing hearing makes the sentence contrary to law, requiring vacation of sentence and remand for resentencing; because trial court failed to make findings of fact before imposing consecutive sentences on multiple offenses, sentence is contrary to law and constitutes plain error.WrightTrumbull 5/2/2016 5/2/2016 2016-Ohio-2795
Janson v. John Beninato Zoning Inspector 2015-A-0039 & 2015-A-0040REAL PROPERTY - Non-conforming use; voluntarily discontinued; two years; burden of proof; legal title to property held in trust; intent of trustees to discontinue use; majority vote.WrightAshtabula 5/2/2016 5/2/2016 2016-Ohio-2796
In re D.B.M. 2015-G-0018JUVENILE - juvenile sex offender; Tier II; timing; classification; after release from a secure facility; R.C. 2152.83(A)(1); double jeopardy; no legitimate expectation of finality.RiceGeauga 5/2/2016 5/2/2016 2016-Ohio-2797
State v. Olp 2015-G-0037DRUNK DRIVING - the OVI repeat offender specification set forth at R.C. 2941.1413 does not violate equal protection.O'TooleGeauga 5/2/2016 5/2/2016 2016-Ohio-2798
State v. Sutton 2015-L-095CRIMINAL LAW - Felony Sentencing; R.C. 2953.08(G)(2); imposition of prison term within statutory range; consideration of statutory range; contray to law; consecuutive sentences; R.C. 2929.14(C)(4); clear and convincing evidence that trial court's findings were incorrect; protection of public; disproportionate to danger posed.WrightLake 5/2/2016 5/2/2016 2016-Ohio-2799
State v. Dawson 2015-L-109CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - appellate courts must apply standard of review in R.C. 2953.08(G)(2) when reviewing felony sentences; reviewing court presumes trial court considered all appropriate sentencing factors even if record is silent; court is not required to state on record it considered statutory sentencing factors; trial court satisfies its obligation to consider statutory principles and factors by stating it considered them; trial court is not required to give any particular weight or emphasis to a given set of circumstances; it is merely required to consider the factors in exercising its discretionRiceLake 5/2/2016 5/2/2016 2016-Ohio-2800
Shalersville Twp. Bd. of Trustees v. Hawkins 2015-P-0071ZONING - Township zoning; R.C. 519.21(A); agriculture exception; use of building for agriculture; primary or ancillary use; residential use of mobile home.WrightPortage 5/2/2016 5/2/2016 2016-Ohio-2801
Meeker R&D, Inc. v. Evenflo Co., Inc 2014-P-0060 & 2015-P-0017CONTRACTS - bench trial; breach of contract and royalty claims; state court jurisdiction proper over claims arising from federal patents; subsequent version of child's play center still "covered by" patent and during the patent period; parties bound to plain language of contract.WrightPortage 4/25/2016 4/25/2016 2016-Ohio-2688
State v. Starr 2015-L-113CRIMINAL - sentencing; consecutive sentences; findings.CannonTrumbull 4/25/2016 4/25/2016 2016-Ohio-2689
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