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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Crandall 2016-A-0030CRIMINAL - Felonious Assault; Aggravated Assault; lesser-included offense; offense of an inferior degree; serious provocation; deadly force; ineffective assistance of counsel; sentencing; contrary to law; balancing of factorsGrendellAshtabula 11/28/2016 11/28/2016 2016-Ohio-7920
In re Marriage of Stafford 2016-L-019DOMESTIC RELATIONS - GENERAL - oral motion for continuance; fourth request; pro se appellant; abuse of discretion standard; magistrate's decision; no transcript filed; presume regularity; trial court used its discretion in controlling its own docket; ineffective assistance of counsel claim; proper remedy in a civil suit is through a legal malpractice action. O'TooleLake 11/28/2016 11/28/2016 2016-Ohio-7921
Kreiser v. Hamrick 2016-P-0044APPELLATE REVIEW - Appellate court can only entertain final orders; R.C. 2505.02(B); Civ.R. 54(B); denial of motion to dismiss is ordinarily not a final order; interlocutory order.GrendellPortage 11/28/2016 11/28/2016 2016-Ohio-7922
State v. Gotshall 2016-P-0052APPELLATE REVIEW - App.R. 5(A) cannot be used to reopen a previous appeal and have an evidentiary hearing.CannonPortage 11/28/2016 11/28/2016 2016-Ohio-7923
State v. Vinson 2015-L-138CIVIL - Civ.R. 60(B) motion to vacate; a request for a delayed appeal is not available for an appeal of a post-conviction relief determination because the post-conviction relief remedy is treated as a quasi-civil matter; Civ.R. 60(B) cannot be used to revive a lost right of appeal. CannonLake 11/21/2016 11/21/2016 2016-Ohio-7839
Wright v. Therm-O-Link 2015-P-0059EMPLOYER/EMPLOYEE - Intentional tort; R.C. 2745.01; deliberate intent to injure; definition of substantial certainty; wrongful discharge; common law; violation of public policy; overrriding legitimate business justification; enforcement of cell phone rule as pretext; burden of proof.WrightPortage 11/21/2016 11/21/2016 2016-Ohio-7840
State v. Armstrong 2015-P-0075CRIMINAL LAW - corrupting another with drugs; juvenile; methamphetamine; indictment; did not charge in the alternative; did not specify suboxone; assumption; inference-stacking; insufficient evidence.RicePortage 11/21/2016 11/21/2016 2016-Ohio-7841
State v. Barnard 2016-A-0010, 2016-A-0011CRIMINAL LAW - ALLIED OFFENSES LESSER INCLUDED - defendant has burden to demonstrate reasonable probability that his multiple convictions are for allied offenses of similar import; without such showing he cannot show the trial court's failure to inquire whether the convictions merge was plain error; depending on the defendant's conduct, illegal manufacture of methamphetamine and possession of chemicals and criminal tools used to manufacture meth may be allied offenses of similar import; where defendant demonstrated reasonable probability that the subject offenses were allied offenses, the trial court's failure to inquire into whether the convictions merge was plain error; on remand trial court must conduct re-sentencing during which court must determine whether his crimes merge.RiceAshtabula 11/21/2016 11/21/2016 2016-Ohio-7842
In re J.C.E. 2016-G-0062JUVENILE - R.C. 2152.18(b) provides a juvenile is entitled to credit toward his institutionalization at DYS for the time he was confined in connection with his complaint; in determining whether juvenile was confined for purposes of credit for time served, this court followed the test adopted by the Supreme Court of Ohio in State v. Napier, 93 Ohio St.3d 646 (2001), which defined that term in the adult criminal context; accordingly, the juvenile's confinement must be in a secure facility that contains lockups and other measures sufficient to ensure the safety of the surrounding community; the trial court should consider the qualities of the facility and the specific nature of the juvenile's experience at the facility to determine whether he had been sufficiently restricted so as to constitute confinement; fact that juvenile was permitted off-site family visits is not determinative of whether he was confined; this court remanded for trial court to make findings and determine whether juvenile was confined as that term is interpreted by Napier, supra.RiceGeauga 11/21/2016 11/21/2016 2016-Ohio-7843
In re K.E.W. 2016-L-020JUVENILE - delinquency proceeding; robbery if committed by an adult; theft offense; inflict physical harm; knowingly; purposely; circumstantial evidence; stacking of inferences; no evidence to support appellant had specific intent to commit theft or aid in the commission of theft; insufficient evidence; finding vacated.RiceLake 11/21/2016 11/21/2016 2016-Ohio-7844
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