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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Cornett
| CA2023-11-077 | The trial court did not err by not holding a Daubert hearing on the reliability of appellant's SCRAM ankle bracelet where appellant admitted to violating the terms of her community control by tampering with the bracelet. | Piper | Clermont |
6/24/2024
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6/24/2024
| 2024-Ohio-2396 |
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State v. Baldwin
| CA2023-10-087 & CA2023-10-088 | Appellant's convictions for grand theft were supported by sufficient evidence and were not against the manifest weight of the evidence where the state demonstrated appellant entered into contracts to repair two homeowners' roofs and accepted insurance proceeds for the repairs, but appellant failed to communicate with the homeowners' after receiving the payments, failed to deliver any roofing materials, and failed to do any repair work on the homes. The trial court properly admitted a third homeowner's testimony about her similar experiences in contracting with appellant for unperformed roofing repairs pursuant to Evid.R. 404(B), as such evidence was relevant in demonstrating appellant's intent and the absence of mistake or lack of accident. | Hendrickson | Warren |
6/24/2024
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6/24/2024
| 2024-Ohio-2397 |
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Maanu v. Bobie
| CA2024-01-002 | The trial court's decision classifying certain debts as non-marital was not against the manifest weight of the evidence where the exhibits produced by appellant were dated after the valuation date established by the court and appellant failed to challenge the trial court's finding that the debts were incurred for personal, non-marital purposes. | S. Powell | Butler |
6/24/2024
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6/24/2024
| 2024-Ohio-2395 |
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State v. Brummett
| CA2023-10-085 | Appellant's conviction for one count of second-degree felony felonious assault in violation of R.C. 2903.11(A)(2) following a bench trial was supported by sufficient evidence and not against the manifest weight of the evidence where appellant was observed pointing a firearm at the victim and the circumstantial evidence indicated appellant then shot the firearm in the victim's direction. | S. Powell | Warren |
6/18/2024
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6/18/2024
| 2024-Ohio-2332 |
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Kienow v. Dir., Dept. of Job & Family Servs.
| CA2024-01-005 | The decision to disallow appellant's two applications for unemployment compensation benefits in accordance with R.C. 4141.29(D)(2)(a) was affirmed where the finding that appellant had quit her job without just cause was supported by the record and therefore not unlawful, unreasonable, or against the manifest weight of the evidence. | S. Powell | Butler |
6/17/2024
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6/17/2024
| 2024-Ohio-2306 |
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State v. Baca
| CA2024-02-009 | The trial court's decision denying appellant's motion requesting he be afforded certain driving privileges upon the trial court finding it lacked jurisdiction to rule on appellant's motion pursuant to R.C. 4511.197(A) was reversed and the matter remanded to the trial court with instructions to consider appellant's motion instead under R.C. Chapter 4510. | S. Powell | Clermont |
6/17/2024
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6/17/2024
| 2024-Ohio-2304 |
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State v. Haley
| CA2023-03-005 | Defendant appeals convictions for murder and felonious assault. The jury did not lose its way in finding that the state disproved the defendant's claim of self-defense. The evidence established that defendant was at all times the aggressor in the interaction with the victim and lacked a reasonable belief that deadly force was necessary. No prosecutorial misconduct where comments during closing argument were fair comment on evidence at trial. | Byrne | Clinton |
6/17/2024
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6/17/2024
| 2024-Ohio-2303 |
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Midlam v. Demartino
| CA2023-12-018 | Trial court did not err in denying appellant's petition for a writ of habeas corpus where the petition did not contain any facially valid claims. Res judicata barred appellant from relitigating issues through his habeas petition that were already adjudicated in his previous appeals. | Hendrickson | Madison |
6/17/2024
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6/17/2024
| 2024-Ohio-2301 |
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Hill v. Dorger
| CA2023-10-071 | The trial court did not abuse its discretion in denying Seller's Civ.R. 60(B) motion for relief from judgment. Seller failed to demonstrate that he has any meritorious claim or defense, or that he was entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5). | Piper | Clermont |
6/17/2024
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6/17/2024
| 2024-Ohio-2305 |
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Settlers Walk Home Owners' Assn. v. Phoenix Settlers Walk
| CA2023-06-045 | The trial court abused its discretion in concluding that postjudgment interest did not accrue on a restitution award because the judgment entry did not resolve all claims between the parties. R.C. 1343.03 does not require a final appealable order prior to the imposition of postjudgment interest. | Hendrickson | Warren |
6/17/2024
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6/17/2024
| 2024-Ohio-2296 |
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State v. Rojas
| CA2023-07-007; CA2023-06-006 | The juvenile court did not abuse its discretion in finding that appellant, who was 19.5 years old at the time of the court's decision, was not amenable to rehabilitation in the juvenile system. The factors in favor of bindover to adult court set forth in R.C. 2152.12(D) outweighed the factors against bindover set forth in R.C. 2152.12(E). In weighing the factors, the trial court was entitled to find the state's expert's opinion more credible than the defense's expert's opinion on amenability. | Hendrickson | Preble |
6/10/2024
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6/10/2024
| 2024-Ohio-2209 |
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State v. Dollar
| CA2024-02-020 | Anders no error. | Per Curiam | Butler |
6/10/2024
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6/10/2024
| 2024-Ohio-2208 |
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State v. Brummett
| CA2023-10-085 | Appellant's conviction for one count of second-degree felony felonious assault in violation of R.C. 2903.11(A)(2) following a bench trial was supported by sufficient evidence and not against the manifest weight of the evidence where appellant was observed pointing a firearm at the victim and the circumstantial evidence indicated appellant then shot the firearm in the victim's direction. | S. Powell | Warren |
6/10/2024
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6/10/2024
| 2024-Ohio-2211 |
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State v. Willis
| CA2023-07-060 | Defendant appeals convictions for aggravated robbery. Defendant claimed that the state failed to prove his identity in an armed home invasion where three home invaders wore masks. Defendant's convictions were supported by sufficient evidence and the greater weight of the evidence. The circumstantial evidence overwhelmingly demonstrated the defendant's identity as one of the home invaders. | Byrne | Warren |
6/10/2024
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6/10/2024
| 2024-Ohio-2210 |
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In re K.H.
| CA2024-02-002 | The juvenile court did not err in granting permanent custody of child to the Department of Job and Family Services. The decision was in the best interest of the child because Mother had not remedied the conditions that led to child's removal, including mental health concerns, lack of housing, and potentially substance abuse. The child was placed in a loving foster home that had interest in adoption. In addition, the child could not be placed with Mother within a reasonable time due to Mother's ongoing issues and unwillingness to participate in recommended, cost-free programs. Mother's arguments amounted to a plea for an indefinite period to regain custody because nothing in the record showed she would ever take advantage of the resources being offered to her. | Byrne | Preble |
6/3/2024
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6/3/2024
| 2024-Ohio-2113 |
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State v. Frazier
| CA2023-11-097 | The trial court did not err by accepting appellant's Alford plea to one count of first-degree felony aggravated robbery with an attached three-year firearm specification where appellant's decision to enter such a plea was supported by a factual basis and rationale choice given the evidence that the state would have attempted to introduce against appellant at a trial, thus rendering appellant's plea knowingly, intelligently, and voluntarily made despite the trial court never inquiring into the reason why appellant was entering an Alford plea rather than a standard guilty plea. | S. Powell | Warren |
6/3/2024
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6/3/2024
| 2024-Ohio-2114 |
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A.W. v. Kircher
| CA2023-11-108 | Municipal court erred in dismissing a plaintiff's defamation claim pursuant to Civ.R. 12(B)(6) and in granting summary judgment to plaintiff's former attorney on plaintiff's R.C. 2307.60 claim. | M. Powell | Warren |
6/3/2024
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6/3/2024
| 2024-Ohio-2115 |
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State v. Thompson
| CA2023-03-003 | Appellant's convictions for intimidation, OVI with a firearm specification, and having weapons under disability were supported by sufficient evidence and the manifest weight of the evidence. The trial court did not err in finding appellant competent to stand trial, by not merging appellant's offenses, or by imposing consecutive sentences. Appellant's "sovereign citizen" arguments have no basis in law and are rejected as meritless. | Piper | Madison |
6/3/2024
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6/3/2024
| 2024-Ohio-2112 |
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Schooler v. Combs
| CA2023-08-061 | Defendant appeals denial of motion for relief from default judgment. Defendant failed to appeal from the default judgment. Defendant also failed to appeal denial of Civ.R. 60(B) motion. Defendant's motion on appeal was barred by res judicata. | Byrne | Clermont |
6/3/2024
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6/3/2024
| 2024-Ohio-2111 |
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State v. Pennington
| CA2023-11-020 & CA2023-11-021 | The trial court did not err by accepting appellant's guilty pleas to one count of third-degree felony failure to comply with order or signal of police officer and one count of fourth-degree felony operating a vehicle while under the influence of alcohol upon finding appellant's guilty pleas were knowingly, intelligently, and voluntarily entered despite appellant's claim that a determination on appellant's psychiatric evaluation was left outstanding as such a claim was waived by appellant pleading guilty. The trial court also did not err by denying either of appellant's presentence motions to withdraw his guilty pleas where appellant failed to provide a reasonable or legitimate basis for the withdrawal of his guilty pleas. | S. Powell | Clinton |
5/28/2024
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5/28/2024
| 2024-Ohio-2020 |
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Corcoran v. Bostic
| CA2023-08-053 | Trial court did not err by finding appellant did not have a garageman's lien on a vehicle. The matter was controlled by the language of the written contract. In addition, R.C. 4505.04 applies only to litigation where there are rival claimants to title. Since appellant was not a rival claimant, R.C. 4505.04 was inapplicable to the facts in this case. | Piper | Clermont |
5/28/2024
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5/28/2024
| 2024-Ohio-2019 |
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State v. Babb
| CA2023-10-113 | The trial court did not commit any error, plain or otherwise, by failing to aggregate and "merge" at sentencing appellant's conviction for grand theft in violation of R.C. 2913.02(A)(2) and misuse of credit cards in violation of R.C. 2913.21(B)(2) where appellant's conduct in committing those offenses was separate and distinct. The trial court also did not commit an error requiring appellant's 18-month prison sentence to be reversed and a new sentencing hearing be had due to the trial court's failure to adhere to the requirements set forth in R.C. 2947.06(B) at sentencing as it relates to the forensic mitigation report generated in this case. | S. Powell | Butler |
5/28/2024
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5/28/2024
| 2024-Ohio-2018 |
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State v. Keltner
| CA2023-09-097 | The record does not show that appellant expressly pled guilty to the charged offense and, therefore, there was no basis for a conviction. | Piper | Butler |
5/28/2024
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5/28/2024
| 2024-Ohio-2017 |
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Williamson v. Williamson
| CA2023-05-058 | Divorcee appeals from decision finding residential home marital property. Divorcee argued that the home was purchased entirely with separate property. Competent and credible evidence supported the court's determination that the divorcee failed to trace her separate property. Disclaimer provision in trust executed in 1997 violated R.C. 3103.06, which prohibited spouses from entering into postnuptial agreements during the marriage. | Byrne | Butler |
5/20/2024
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5/20/2024
| 2024-Ohio-1919 |
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State v. Chisenhall
| CA2023-08-058 | Appellant's conviction for 25 felony offenses, including 19 counts of third-degree felony unlawful sexual conduct with a minor, was affirmed over appellant's claims that the trial court erred by denying his motion for a mistrial and motion to dismiss based on speedy trial grounds, as well as appellant's claims that the trial court erred by admitting allegedly hearsay statements into evidence, that the prosecutor engaged in prosecutorial misconduct, and that he received ineffective assistance of trial counsel where appellant's conviction was supported by sufficient evidence and not against the manifest weight of the evidence given the victims' testimony and supporting evidence presented by the state at trial. | S. Powell | Clermont |
5/20/2024
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5/20/2024
| 2024-Ohio-1918 |
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State v. Burnett
| CA2023-06-010 | Anders no error. | Per Curiam | Madison |
5/20/2024
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5/20/2024
| 2024-Ohio-1915 |
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State v. Cullen
| CA2022-08-016 | A defendant appeals from decision finding him competent to stand trial and denying motion for professional competency evaluation. Reliable, credible evidence supported the trial court's conclusion that defendant was competent to stand trial. Evidence presented at competency hearing demonstrated that court did not abuse its discretion in failing to order professional competency evaluation. WITH DISSENTING OPINION. | Byrne | Madison |
5/20/2024
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5/20/2024
| 2024-Ohio-1916 |
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In re J.C.
| CA2023-05-009 | The victim's statements were properly admitted as excited utterances where the record shows that the victim was afraid and was frantically informing authorities that appellant had a sword and was looking for a gun. The admission of these statements did not violate appellant's confrontation rights because the admitted statements were nontestimonial. The circumstances objectively indicated that the victim's primary purpose was to obtain assistance from law enforcement. He was not acting as a witness; he was not testifying. He was frantically attempting to get help. In addition, appellant's adjudication was supported by sufficient evidence and was not against the manifest weight of the evidence. The trier of fact was in the best position to weigh the evidence and evaluate the witnesses' credibility. | Piper | Clinton |
5/13/2024
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5/13/2024
| 2024-Ohio-1839 |
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In re A.J.
| CA2023-11-121 | Juvenile court did not abuse its discretion by ordering that visitation with noncustodial father be at the discretion of his 17-year-old daughter in a dependency action. | M. Powell | Butler |
5/13/2024
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5/13/2024
| 2024-Ohio-1836 |
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State v. Combs
| CA2023-11-078 | Trial court did not abuse its discretion when it summarily denied appellant's petition for postconviction relief. Appellant's petition was untimely filed and appellant was not unavoidably prevented from discovering the evidence upon which his petition relied as the state did not unlawfully suppress the evidence. | S. Powell | Clermont |
5/13/2024
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5/13/2024
| 2024-Ohio-1838 |
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State v. Buck
| CA2023-02-001 | Bail bond company appeals forfeiture of a surety bond after the defendant failed to appear at sentencing. Bond company argued it was not liable on bond transferred from municipal court to common pleas court. Statutory authority permitted bond posted in municipal court to be transferred to common pleas court. Bond company remained liable on the transferred bond and there were no due process concerns. | Byrne | Fayette |
5/13/2024
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5/13/2024
| 2024-Ohio-1840 |
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State v. Napier
| CA2023-04-019 | Defendant's convictions for rape supported by sufficient evidence and weight of the evidence. The defendant's arguments premised on an erroneous argument. Trial court's consecutive sentence finding, that the defendant posed a danger to the public, was not clearly and convincingly not supported by the record. | Byrne | Clermont |
5/13/2024
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5/13/2024
| 2024-Ohio-1837 |
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State v. Burson
| CA2022-12-012 | Defendant appeals rape convictions. Minor victim ruled incompetent to testify at trial. Hearsay statements by child victim to social worker admissible under Evid.R. 803(4). | Byrne | Brown |
5/13/2024
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5/13/2024
| 2024-Ohio-1834 |
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State v. Reynolds
| CA2023-04-043 | Because the state presented insufficient evidence that the defendant “secure[d] authorization of any public contract,” as required by statute, the trial court erred by denying the defendant’s Crim.R. 29(C) motion for judgment of acquittal, and defendant’s conviction for having an unlawful interest in a public contract is reversed and the defendant is discharged. | Beatty Blunt | Butler |
5/13/2024
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5/13/2024
| 2024-Ohio-1835 |
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In re Estate of Parks
| CA2023-10-081 | The probate court's decision declaring a special administrator's appointment void ab initio and reopening an estate was not a final order because issues regarding the estate could still be reviewed by the court. A subsequent 60(B) motion to reverse that order was thus actually a motion to reconsider. The trial court's granting of the motion to reconsider was not an abuse of discretion because R.C. 2113.06 and R.C. 2113.07's requirements of notice and a hearing before appointment of an executor or administrator are inapplicable to the appointment of a special administrator under R.C. 2113.15. The statutes clearly distinguish between executors, administrators, and special administrators. Additionally, a special administrator is simply a stakeholder, and their appointment deprives a person with priority to be an executor or administrator, such as a surviving spouse, of no rights which requires notice and a hearing. | S. Powell | Warren |
5/13/2024
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5/13/2024
| 2024-Ohio-1841 |
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State v. Andrews
| CA2023-07-012 | Appellant's conviction for two counts of violating a protection order was not against the manifest weight of the evidence where the evidence provided by the victim, appellant's ex-wife and legal custodian of their two children, and the victim's father, if believed, established that appellant contacted the victim and the victim's father via telephone or text message in violation of a protection order that the victim had obtained against appellant following their divorce. | S. Powell | Fayette |
5/6/2024
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5/6/2024
| 2024-Ohio-1730 |
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Simpson v. Moreland
| CA2023-10-116 | Trial court did not err in dismissing a plaintiff's pro se complaint under Civ.R. 12(B)(6) but erred in dismissing it with prejudice. | M. Powell | Butler |
5/6/2024
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5/6/2024
| 2024-Ohio-1728 |
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Baldwin v. Church of God of Trenton
| CA2023-01-004 | If tortious supervision of a child engaged in a recreational activity that involves inherent risks is alleged, the plaintiff must show that the defendant intentionally or recklessly failed to provide appropriate supervision. Swimming is a recreational activity that involves the inherent risk of drowning. A child who voluntarily participates in this activity assumes the risk of drowning. A supervisor of a child who is swimming in a pool has no duty to decrease the inherent risk of drowning; the supervisor has only to avoid intentionally or recklessly increasing the risk. A supervisor of a child who is swimming in a pool does not consciously disregard a substantial and unjustifiable risk that a child will drown by not acting to decrease the inherent risk of drowning, where the supervisor did not know or have reason to know that there was an unreasonable risk of a serious danger that had a strong probability of causing harm. WITH Dissenting Opinion. | Byrne | Butler |
5/6/2024
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5/6/2024
| 2024-Ohio-1726 |
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In re B.O.
| CA2023-11-102; CA2023-11-104; CA2023-11-105; CA2023-11-106; CA2023-11-107 | The juvenile court did not err by granting permanent custody of appellants' four children to appellee, a local county's children services agency, where the juvenile court's decision complied with the necessary statutory requirements for granting permanent custody and was in the children's best interest. | M. Powell | Warren |
5/6/2024
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5/6/2024
| 2024-Ohio-1732 |
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In re J.N.
| CA2023-09-105 | The juvenile court's decision adjudicating appellant a delinquent child for committing acts that would be charged as three counts of first-degree felony rape in violation of R.C. 2907.02(A)(1)(b) and one count of third-degree felony gross sexual imposition in violation of R.C. 2907.05(A)(4) if committed by an adult was supported by sufficient evidence and not against the manifest weight of the evidence where the alleged victim provided testimony that, if believed, established each of the necessary elements for each of the four charged offenses beyond a reasonable doubt. | S. Powell | Butler |
5/6/2024
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5/6/2024
| 2024-Ohio-1727 |
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In re B.G.
| CA2024-01-001 | Juvenile court's decision to grant permanent custody of child to the children services agency was in the best interest of the child and not against the manifest weight of the evidence where Mother failed to complete any of the objectives mandated in her case plan, except for one parenting class. | Hendrickson | Preble |
5/6/2024
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5/6/2024
| 2024-Ohio-1731 |
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Hogg v. Grace Community Church
| CA2023-02-002 & CA2023-03-004 | A court may compel arbitration of disputes that are covered by a binding arbitration agreement. A statute of limitations does not automatically prevent arbitration of a claim if the arbitration agreement does not make arbitration contingent on compliance with the statute of limitations, and if the relevant arbitration rules authorize the arbitrator to determine its own jurisdiction. A party cannot be compelled to arbitrate a dispute unless the party has agreed in writing to do so, or if an exception applies that binds the nonsignatory party to an arbitration agreement. The agency exception that can bind a nonsignatory to an arbitration agreement does not apply if there is no principal-agent relationship between the signatory and the nonsignatory. The estoppel exception does not apply if the nonsignatory has not directly benefited from the agreement containing the arbitration provision. A court may conclude that a party has not waived its right to arbitration if, based on the relevant factors and the procedural context, the party has not acted inconsistently with that right. | Piper | Fayette |
5/6/2024
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5/6/2024
| 2024-Ohio-1729 |
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State v. Rogers
| CA2023-08-063 | Appellant did not receive ineffective assistance of counsel based upon his counsel's failure to challenge an alleged biased juror for cause pursuant to R.C. 2313.17(B)(9), and the prosecutor did not engage in misconduct by making improper comments throughout appellant's trial, where appellant was tried and ultimately convicted of one count of first-degree felony rape and five counts of third-degree felony gross sexual imposition of a child and close family member who, at all times relevant, was under the age of ten years old. | S. Powell | Warren |
4/29/2024
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4/29/2024
| 2024-Ohio-1637 |
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Murray v. Dunn
| CA2023-10-084 | Trial court erred in awarding summary judgment to a landlord where a genuine issue of material fact exists regarding the amount of past due rent. Trial court erred in awarding attorney fees to a landlord without determining the reasonableness of the attorney fees. | M. Powell | Warren |
4/29/2024
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4/29/2024
| 2024-Ohio-1639 |
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In re X.S.R.S.
| CA2023-12-128 | The juvenile court did not err in granting permanent custody of the children to the children services agency where the children had been in the temporary custody of the agency for more than 12 months of a consecutive 22-month period and the grant of permanent custody to the agency was in the children's best interest. The overwhelming weight of the evidence was that Mother had failed continuously and repeatedly to remedy the conditions that caused the children to be removed from the home. | Piper | Butler |
4/29/2024
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4/29/2024
| 2024-Ohio-1636 |
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State v. Bowling
| CA2023-10-078 | Appellant appeals convictions. Appellant failed to comply with App.R. 12(A)(2) and 16(A)(7) by failing to present any argument and to support any argument with citations to the record. Court of appeals disregarded the sole assignment of error presented and dismissed the appeal. | Byrne | Warren |
4/29/2024
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4/29/2024
| 2024-Ohio-1638 |
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Steve Robertson Trucking, L.L.C. v. Todd
| CA2023-03-031 | Trial court did not abuse its discretion by denying appellant's Civ.R. 60(B) motion for relief from judgment. The record shows that appellant was well aware of his claimed injury and that he was unrepresented. Appellant simply failed to present operative facts to suggest a medical condition prevented him from obtaining counsel, defending the action himself, or providing the trial court with updates to his condition. He offered only general, vague, and conclusory statements about his "brain injury." | Piper | Butler |
4/29/2024
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4/29/2024
| 2024-Ohio-1634 |
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State v. Spires
| CA2023-07-011 | Defendant convicted of multiple counts of felonious assault appeals the imposition of consecutive sentences. Defendant failed to demonstrate that the trial court's consecutive sentence findings were clearly and convincingly not supported by the record. | Byrne | Brown |
4/29/2024
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4/29/2024
| 2024-Ohio-1633 |
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State v. Metz
| CA2023-09-109 | Applying the felony sentencing standard set forth under R.C. 2953.08(G)(2)(a), the trial court's decision to impose consecutive sentences upon appellant following appellant's guilty pleas to three counts of third-degree felony gross sexual imposition in violation of R.C. 2907.05(A)(4) was affirmed where the trial court's consecutive sentence findings made pursuant to R.C. 2929.14(C)(4) were not clearly and convincingly unsupported by the record. | S. Powell | Butler |
4/29/2024
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4/29/2024
| 2024-Ohio-1635 |
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State v. Morris
| CA2024-01-001 | Anders no error. | Per Curiam | Butler |
4/22/2024
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4/22/2024
| 2024-Ohio-1520 |
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