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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Osborne v. Leroy Twp. 2015-L-118ZONING - Zoning ordinance; outdoor sign; advertisement; interpretation of provision; unambiguous language; waiver of constitutional argument; plain error analysis.WrightLake 4/24/2017 4/24/2017 2017-Ohio-1506
State v. Moss 2016-A-0047CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - appellant kept his three adopted children, including a developmentally-delayed child, locked in their rooms nearly all day every day and severely beat them over a two-year period; trial court is presumed to have considered all appropriate sentencing factors even if the record is silent; trial court satisfied its obligation to consider seriousness and recidivism factors by stating it considered them; even if court discussed only the more serious factors, that does not mean it did not consider the less serious factors.RiceAshtabula 4/24/2017 4/24/2017 2017-Ohio-1507
State v. Sprott 2016-A-0066CRIMINAL - sentencing; clear and convincing evidence; contrary to law; R.C. 2929.12 factors; seriousness; recidivism; mitigation; remorse; burden on defendant; "strikingly inconsistent"GrendellAshtabula 4/24/2017 4/24/2017 2017-Ohio-1508
State ex rel. DeWine v. Deer Lake Mobile Park, Inc. 2016-G-0077JUDGMENTS - motion for relief from judgment; appellant cannot use motion for relief from judgment as substitute for appeal; appellants could have raised trial court's denial of their motion to continue the trial on appeal; thus, they cannot assert this issue as basis for relief from judgment; neglect without substantial extenuating circumstances does not constitute excusable neglect under Civ.R. 60; appellants were required to present operative facts supporting their defense in order to be entitled to relief from judgment; appellants' expert report, which was prepared subsequent to trial, was not newly discovered evidence because such evidence must have been in existence prior to trial but the moving party was excusably unaware of it.RiceGeauga 4/24/2017 4/24/2017 2017-Ohio-1509
State v. Petromilli 2016-L-042CRIMINAL LAW - receiving stolen property; forgery; painting work; rental properties; paid in cash; checks missing; Crim.R. 29; sufficiency of the evidence; manifest weight of the evidence; permission to cash; jury believed victim over defendant; sufficient, credible evidence supports convictions.RiceLake 4/24/2017 4/24/2017 2017-Ohio-1510
State v. Petromilli 2016-L-045CRIMINAL LAW - deception to obtain a dangerous drug; three different physicians; oxycodone; pre-existing prescriptions; Crim.R. 29; sufficiency of the evidence; manifest weight of the evidence; defendant did not disclose he was seeing another physician; Ohio Automated Rx Reporting System; conviction supported by sufficient, credible evidence.RiceLake 4/24/2017 4/24/2017 2017-Ohio-1511
State v. Askew 2016-L-093PUBLIC RECORDS - R.C. 149.43(B)(8); prison inmate; records request; pre-approval by sentencing judge; sufficiency of application to judge; failure to state justiciable claim.WrightLake 4/24/2017 4/24/2017 2017-Ohio-1512
State v. Lusane 2016-P-0036CRIMINAL LAW - Motion to withdraw guilty plea; res judicata; issue as to whether plea hearing was held; could have been raised in direct appeal; defendant could have used App.R. 9(D) to show hearing was never held.WrightPortage 4/24/2017 4/24/2017 2017-Ohio-1513
State v. Morris 2016-T-0026CRIMINAL LAW - Domestic violence; physical harm to family member; manifest weight; credibility determination; deference to trier of fact.WrightTrumbull 4/24/2017 4/24/2017 2017-Ohio-1514
State v. Perry 2016-T-0098CIVIL - Aggravated Murder; void sentence; R.C. 2929.02(A) and .03(A); parole eligibility; Adm.Code 5120-2-10(B)GrendellTrumbull 4/24/2017 4/24/2017 2017-Ohio-1515
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