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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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In re Z.B.
| CA2024-06-075; CA2024-06-076; CA2024-06-077 | The juvenile court did not err in granting permanent custody to the Department of Job and Family Services. The decision was in the best interest of the children because of mother’s lack of suitable housing, stable employment, and parenting skills. Father was incarcerated or living in a halfway home in Florida for the entire proceedings. No plain error occurred regarding the Indian Child Welfare Act where mother's testimony indicated the children were not eligible for membership in an Indian tribe. Finally, a single statement by one child that she desired to see her father more did not create a conflict of interest when her GAL recommended the agency be granted custody. | Byrne | Butler |
11/14/2024
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11/14/2024
| 2024-Ohio-5387 |
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State v. Corrales-Baez
| CA2023-12-019 | Trial court abused its discretion in allowing the state to provide a drug analysis report to defense counsel only 14 days before trial in violation of Crim.R. 16(K) where the state failed to show good cause for its untimely disclosure. | M. Powell | Madison |
11/12/2024
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11/12/2024
| 2024-Ohio-5358 |
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State v. Pierce
| CA2023-12-015 | Library patron's conviction for menacing a library manager and telecommunications harassment was supported by sufficient evidence. WITH DISSENTING OPINION | M. Powell | Brown |
11/12/2024
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11/12/2024
| 2024-Ohio-5357 |
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State v. MacPhereson
| CA2024-03-016 | Appellant's convictions for gross sexual imposition and rape were supported by the manifest weight of the evidence. The victims detailed each sexual offense during their testimony and the trial court found their testimony to be credible. A conviction is not against the manifest weight of the evidence merely because there is conflicting evidence before the trier of fact or because the trier of fact believed the testimony of the state's witnesses. In addition, the trial court made the necessary consecutive sentencing finding under R.C. 2929.14(C)(4)(b) where the trial court discussed appellant's course of conduct in committing the sexual offenses, noted the different categories or "groups" of offenses, and stated that each offense or "group of offenses demanded an individual sentence. | M. Powell | Warren |
11/12/2024
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11/12/2024
| 2024-Ohio-5359 |
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State v. Heiser-Mullins
| CA2024-04-022 | The trial court did not err by accepting appellant's Alford plea to possession of a deadly weapon while under detention where appellant's decision to enter such a plea was supported by a factual basis and was a rational choice given the evidence that the state would have introduced against appellant at trial. The plea was knowingly, intelligently, and voluntarily made and appellant's due process rights were not violated by the state's failure to preserve video evidence where the evidence was not materially exculpatory and the state had not acted in bad faith. | Hendrickson | Warren |
11/12/2024
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11/12/2024
| 2024-Ohio-5360 |
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Humbarger v. Cassidy
| CA2024-04-024 | The domestic relations court did not err when it equally divided the gains on an IRA, that accrued during the marriage, between Husband and Wife. Husband failed to present any calculations or figures at the evidentiary hearing to trace any specific portion of the gains to his separate, premarital contributions to the IRA. | Piper | Warren |
11/12/2024
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11/12/2024
| 2024-Ohio-5361 |
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State v. Lindsey
| CA2024-01-001 | The trial court did not err by dismissing appellant's untimely and second or successive petition for postconviction relief where appellant failed to establish either of the two jurisdictional requirements necessary to afford a trial court subject-matter jurisdiction rule on such a petition as set forth in R.C. 2953.23(A)(1)(a) and (A)(1)(b). | Piper | Brown |
11/4/2024
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11/4/2024
| 2024-Ohio-5244 |
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State v. Creech
| CA2023-05-005 | Conviction affirmed. Defendant forfeited arguments regarding the jurisdiction of the arresting officer and whether a purported confession should be barred under 404(B) because they were not raised at the trial level. Officer had reasonable suspicion to detain and probable cause to arrest where defendant was behaving uncontrollably in his mother's home and, upon being detained, quickly admitted to destroying his mother's television. Defendant's right to represent himself and right to a speedy trial were not violated due to, among other delays, defendant's period of incompetency. The defendant's Fifth Amendment rights were not violated because the offending testimony was immediately stricken and the jury was given an instruction to disregard it. The defendant's conviction for illegal assembly or possession of chemicals for the manufacture of drugs was supported by the manifest weight of the evidence because the defendant possessed various substances and items used to make methamphetamine and admitted to making methamphetamine. | Byrne | Preble |
11/4/2024
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11/4/2024
| 2024-Ohio-5245 |
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Pitzer v. Wilmington
| CA2024-02-002 | The trial court did not err in denying a father's petition for a writ of mandamus to compel a city to provide him certain records related to the city's investigation of his daughter's death. | M. Powell | Clinton |
10/28/2024
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10/28/2024
| 2024-Ohio-5141 |
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State v. Burks
| CA2024-04-030 | Appellant's conviction to one count of fifth-degree felony theft in violation of R.C. 2913.02(A)(1) was affirmed where, although the trial court did not advise appellant of the potential he pay restitution, appellant failed to establish that the trial court's failure to advise him of the potential he pay restitution as part of the trial court's plea colloquy was prejudicial to him when considering this was the 19th such theft offense conviction appellant had within the preceding three years. | Piper | Clermont |
10/28/2024
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10/28/2024
| 2024-Ohio-5140 |
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In re J.W.
| CA2024-05-008 & CA2024-05-009 | A children services agency has made reasonable efforts to reunify a family where a case has been going on for several years and multiple attempts at reunification have been made. That an agency has not conducted a formal kinship placement study for a relative does not mean that the agency has failed to make reasonable efforts where the agency believed that the relative would not pass the study. Granting permanent custody to a children services agency may be in a child's best interest where the issues that led to the child's removal have not been addressed and the relative caring for the child is unable to parent the child properly. | Piper | Clinton |
10/28/2024
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10/28/2024
| 2024-Ohio-5142 |
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State v. Howe
| CA2023-10-014 | Conviction for misdemeanor child endangering. Undefined verb "abuse" as used in R.C. 2919.22(B)(1) did not require evidence of "serious" physical harm. "Abuse," as commonly understood, referred to cruel or violent behavior that may include physical harm, but did not require physical harm, let alone "serious" physical harm. | Byrne | Fayette |
10/28/2024
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10/28/2024
| 2024-Ohio-5143 |
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State v. Speckert
| CA2024-04-055 | Anders no error. | Per Curiam | Butler |
10/21/2024
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10/21/2024
| 2024-Ohio-5046 |
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State v. Spaulding
| CA2024-04-056 | Anders no error. | Per Curiam | Butler |
10/21/2024
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10/21/2024
| 2024-Ohio-5047 |
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State v. Brotherton
| CA2024-01-014 | Appellant was not denied due process and he did not receive ineffective representation by defense counsel where appellant entered an admission to violating the terms of his intervention in lieu of conviction plan. The trial court’s imposition of consecutive sentences following appellant’s admission to violating his ILC plan was not contrary to law where the court made the requisite findings under R.C. 2929.14(C)(4) and the findings were not clearly and convincingly unsupported by the record. | Hendrickson | Butler |
10/21/2024
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10/21/2024
| 2024-Ohio-5045 |
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EGAP Mason I, L.L.C. v. Warren Cty. Bd. of Revision
| CA2024-05-030 | The common pleas court did not err by denying appellant's appeal from a county board of revision's decision to uphold the county auditor's appraisal of certain property where the auditor was not acting systematically and intentionally discriminating against appellant by revaluing its property based upon appellant purchasing the property in an arm's length transaction. | Hendrickson | Warren |
10/21/2024
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10/21/2024
| 2024-Ohio-5049 |
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Sorrentino v. Louis
| CA2024-03-047 | Trial court's designation of a life insurance policy in husband's name as wife's separate property was not against the manifest weight of the evidence because the assignment document executed by husband gifting the policy to wife was not made expressly conditional on the parties successfully reconciling their marriage. | Hendrickson | Butler |
10/15/2024
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10/15/2024
| 2024-Ohio-4957 |
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Hyden v. Ingram
| CA2023-12-018 | Municipal court's decision granting judgment in favor of a former horse racing partner on the ground he had incurred more expenses related to the parties' horses was not against the manifest weight of the evidence. | M. Powell | Preble |
10/15/2024
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10/15/2024
| 2024-Ohio-4959 |
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Yantos v. Berardo
| CA2024-05-028 | Magistrate did not err in finding appellant’s uncashed wage checks from his LLC were personal earnings subject to garnishment and did not err in finding appellant had received funds from the sale of his butcher shop that should have been paid to the appellees for tort damages owed. Trial court erred in calculating the total amount appellant had to pay appellees to purge the contempt order when it failed to cap the garnishment of his personal earnings at 25 percent in accordance with R.C. 2716.02. | Hendrickson | Warren |
10/15/2024
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10/15/2024
| 2024-Ohio-4961 |
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In re P.M.
| CA2024-06-048 | The juvenile court's decision to grant permanent custody of the minor child to a children services agency was in the child's best interest and was not against the manifest weight of the evidence where Father failed to demonstrate the ability to maintain sobriety, provide for the needs of the child, or obtain and maintain stable housing and income. | Hendrickson | Clermont |
10/15/2024
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10/15/2024
| 2024-Ohio-4958 |
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Plum Tree Realty v. Huff-Drees Realty
| CA2024-03-008 | When parties agree to submit their dispute to binding arbitration, they agree to accept the result, even if it is legally or factually wrong. Moreover, without a transcript of the proceedings, this court has no way to determine if appellants' arguments have any merit. | Piper | Warren |
10/15/2024
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10/15/2024
| 2024-Ohio-4960 |
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State v. Wallace
| CA2024-09-059 | Trial court erred in denying child victim’s motion to testify remotely pursuant to R.C. 2945.481. The “shall” language in 2945.481(C)(1)(a) is mandatory and requires a court to grant a motion filed under that section where the defendant is charged with one of the applicable offenses and the child is under 13 years old at the time of the offense. Reversed and remanded. WITH DISSENTING OPINION | Byrne | Warren |
10/14/2024
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10/14/2024
| 2024-Ohio-4955 |
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In re A.R.B.
| CA2024-04-057; CA2024-04-058; CA2024-04-059; CA2024-05-066 | The juvenile court did not err in granting permanent custody of children to the Department of Job and Family Services. Despite the children’s wishes for reunification, their bond with their grandmother, and the fact no adoptive placement was identified, the record demonstrated the children were unsafe in grandmother’s custody because grandmother had not remedied the concern of an ongoing relationship with a man who sexually abused grandmother’s at the time minor daughter who subsequently gave birth to the three children subject to the proceedings. Additionally, the magistrate's failure to properly inquire whether the Indian Child Welfare Act applied was not plain error because that issue could have easily been raised and litigated at the trial level after the grandmother and mother were put on notice. | M. Powell | Butler |
10/7/2024
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10/7/2024
| 2024-Ohio-4830 |
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State v. Phipps
| CA2024-04-006; CA2024-04-007 | Appellant's argument that he was deprived of his right to a speedy trial was without merit, as appellant failed to file a motion to dismiss on speedy trial grounds with the trial court. In addition, appellant's argument fails to elaborate on multiple tolling events apparent from review of the record, instead offering only conclusory assertions. | Piper | Fayette |
10/7/2024
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10/7/2024
| 2024-Ohio-4832 |
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Marck v. Partin
| CA2023-11-013 | The trial court did not abuse its discretion by certifying a class action under Civ.R. 23(B)(2) and (B)(3) consisting of individuals who entered into rent-to-own or lease-with-option-to-buy written agreements. | M. Powell | Brown |
10/7/2024
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10/7/2024
| 2024-Ohio-4829 |
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State v. Edmonson
| CA2024-04-024 | The trial court did not err by accepting appellant's plea of no contest to a count of fourth-degree felony gross sexual imposition in violation of R.C. 2907.05(A)(1) where the state's recitation of the facts did not completely negate the "force" element necessary to sustain the conviction despite the victim having reached the age of majority by the date of the alleged offense. | Piper | Clermont |
10/7/2024
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10/7/2024
| 2024-Ohio-4831 |
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State v. Ramsden-Cooke
| CA2024-02-005 | Trial court did not err in convicting defendant of trespass where, although defendant believed he had accrued a right to be on the property, he failed to establish that right in a civil action. The neighbors conducted a survey and established the titled rights to the land with survey stakes, which defendant ignored. | Piper | Warren |
10/7/2024
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10/7/2024
| 2024-Ohio-4833 |
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State v. Barrow
| CA2024-04-021 | Anders no error. | Per Curiam | Warren |
10/7/2024
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10/7/2024
| 2024-Ohio-4834 |
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Guyon v. Guyon
| CA2024-02-023 | The trial court did not err by entering a clarifying order, as there is an inherent authority to clarify a judgment entry where confusion exists as to its meaning. | Piper | Butler |
9/30/2024
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9/30/2024
| 2024-Ohio-4731 |
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Tate v. Butler Cty. Dog Warden
| CA2024-03-042 | The trial court erred by upholding the dog warden's decision designating appellant's dog as a "dangerous dog" under R.C. 955.11(A)(1)(a)(ii) where the dog warden failed to provide any evidence that appellant's dog killed his neighbor's dog without provocation, regardless of whether that be by someone or something, as such decision was against the manifest weight of the evidence. | Piper | Butler |
9/30/2024
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9/30/2024
| 2024-Ohio-4732 |
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State v. Nuthak
| CA024-02-017 | The imposition of consecutive sentences following appellant's guilty plea to two counts of gross sexual imposition was not contrary to law where the court made the requisite findings under R.C. 2929.14(C)(4) and the findings were not clearly and convincingly unsupported by the record. | Hendrickson | Butler |
9/30/2024
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9/30/2024
| 2024-Ohio-4730 |
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Spirit Realty, LP v. Warren Cty. Bd. of Revision
| CA2024-05-029 | The common pleas court did not err by denying appellant’s appeal from a county board of revision’s decision to uphold the county auditor’s appraisal of certain property where the auditor was not acting systematically and intentionally discriminating against appellant by revaluing its property based upon appellant purchasing the property in an arm’s length transaction. | S. Powell | Warren |
9/30/2024
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9/30/2024
| 2024-Ohio-4734 |
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State v. Bates
| CA2024-04-017; CA2024-04-018 | The record supports the trial court's consecutive sentence findings under R.C. 2929.14(C)(4). | M. Powell | Warren |
9/30/2024
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9/30/2024
| 2024-Ohio-4733 |
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State v. Hale
| CA2023-11-124 | An adult court has subject-matter jurisdiction over a force specification in a defendant's indictment for rape even if the juvenile court does not explicitly find probable cause to support the specification in the bindover process, where the juvenile court found probable cause to support the alleged rape. | Hendrickson | Butler |
9/23/2024
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9/23/2024
| 2024-Ohio-4621 |
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State v. Curtis
| CA2024-01-001 | Appellant's conviction for importuning was supported by sufficient evidence and was not against the manifest weight of the evidence. Contrary to appellant's assertion, the victim hearing the defendant's solicitation for sexual activity is not an essential element of R.C. 2907.07(A). R.C. 2907.07(A) does not infringe on the right to free speech under the First Amendment to the United States Constitution as the statute is not overbroad and does not restrict more conduct or speech than is necessary to achieve the interests of the state in promoting the welfare of children. WITH DISSENTING OPINION. | Hendrickson | Fayette |
9/23/2024
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9/23/2024
| 2024-Ohio-4625 |
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State v. Mahmoud
| CA2023-12-019 | The trial court did not err in finding appellant’s conviction for failure to comply was supported by the manifest weight of the evidence. The jury did not clearly lose its way in finding the police officer’s testimony credible, where the officer testified that he identified appellant through the partially tinted driver’s window of the stolen vehicle. | Piper | Fayette |
9/23/2024
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9/23/2024
| 2024-Ohio-4624 |
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State v. Flack
| CA2024-01-010; CA2024-01-012 | Appellant’s burglary and safecracking convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. Trial counsel was not ineffective for not requesting a jury instruction on the lesser-included offense of attempted safecracking. The trial court erred in failing to merge the offenses of safecracking and criminal damaging as allied offenses of similar import where the offenses were committed with the same conduct and the same animus and resulted in the same harm to the same victim. | Hendrickson | Butler |
9/23/2024
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9/23/2024
| 2024-Ohio-4622 |
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State v. Romero
| CA2024-04-031 | Anders no error. | Per Curiam | Clermont |
9/23/2024
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9/23/2024
| 2024-Ohio-4623 |
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Todor v. Ballesteros-Cuberos
| CA2024-02-025 | Trial court did not err in classifying apartment as separate property where competent, credible evidence shows that it was given as a gift to one spouse alone. | Piper | Butler |
9/16/2024
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9/16/2024
| 2024-Ohio-4525 |
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State v. Morren
| CA2023-11-022 | No speedy trial violation occurred. Law enforcement's investigation discovering additional instances of pandering obscenity involving a minor after receiving a tip regarding one specific event meant the subsequent indictment was not subject to the speedy trial deadline of the criminal complaints filed prior. Defendant's speedy trial time was also tolled by the trial court's docket and at the defendant's request. | Hendrickson | Clinton |
9/16/2024
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9/16/2024
| 2024-Ohio-4528 |
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Reyes v. Kiwewa
| CA2023-08-096; C2023-09-099 | Homeowner appeals from decision granting a money judgment in favor of contractor in a dispute over a home modeling project. The homeowner objected to a magistrate's decision but failed to provide the trial court with a transcript. Due to homeowner's failure to file a transcript with the trial court, the appellate court was precluded from considering the transcript submitted with the appeal. | Byrne | Butler |
9/16/2024
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9/16/2024
| 2024-Ohio-4524 |
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In re K.J.C.
| CA2024-02-007 | Juvenile appeals adjudication for obstructing official business. Juvenile's adjudication was supported by the evidence. Juvenile "actually interfered" with performance of the officer's duties, by touching the officer from behind during an arrest, causing the officer to turn around and push juvenile away. | Byrne | Clermont |
9/16/2024
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9/16/2024
| 2024-Ohio-4527 |
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Christie v. McNeely
| CA2024-03-002 | The trial court did not err by granting summary judgment to appellee on appellant's action for wrongful death where appellant failed to establish a genuine issue of material fact that appellee negligently caused the decedent's death after striking the decedent with a car since the uncontradicted evidence established appellee could not avoid the collision within the time and distance available upon appellee first having the opportunity to perceive the decedent within appellee's right of way. | M. Powell | Brown |
9/16/2024
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9/16/2024
| 2024-Ohio-4523 |
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State v. Ishimwe
| CA2024-03-043 | Anders no error. | Per Curiam | Butler |
9/16/2024
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9/16/2024
| 2024-Ohio-4526 |
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State v. Meyers
| CA2023-12-112 | Trial court did not err in imposing a mandatory term of postrelease control pursuant to R.C. 2967.28(B) because appellant's failure to comply offense qualified as an offense of violence pursuant to R.C. 2901(A)(9)(c). | Hendrickson | Warren |
9/16/2024
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9/16/2024
| 2024-Ohio-4533 |
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State v. Norvell
| CA2024-05-071 | Case remanded to the trial court for further proceedings where the court failed to conduct the statutorily required analysis set forth under R.C. 2953.32(D)(1) before issuing its decision to deny appellant's motion to have the record of his conviction on one count of fourth-degree misdemeanor sealed. | S. Powell | Butler |
9/9/2024
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9/9/2024
| 2024-Ohio-4443 |
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State v. Brown
| CA2023-09-010; CA2023-09-011 | The trial court erred in its imposition of consecutive sentences where it failed to make each of the findings mandated by R.C. 2929.14(C)(4) at the sentencing hearing and failed to incorporate the consecutive sentencing findings in the sentencing entry. | Hendrickson | Preble |
9/9/2024
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9/9/2024
| 2024-Ohio-4450 |
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State v. Marshall
| CA2023-10-079 | Appellant was not entitled to a new trial where he raises an issue for the first time on appeal. Moreover, appellant failed to establish that an unknown individual entered the jury room in violation of R.C. 2945.33. Appellant did not receive ineffective assistance of counsel based upon his trial counsel's reasonable trial strategy. Appellant's convictions are supported by sufficient evidence and are not against the manifest weight of the evidence where there was ample testimony proving appellant was the driver of the vehicle. The state did not fail to establish the identity of the perpetrator of the offenses. | Piper | Warren |
9/9/2024
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9/9/2024
| 2024-Ohio-4445 |
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State v. Bechtol
| CA2023-12-021 | Defendant appeals sentence following negotiated guilty plea. State agreed to cap sentencing recommendation at 16 and one-half years in prison. The trial court imposed consecutive sentences, exceeding the cap. Defendant's plea was voluntary. The court was not a party to the plea agreement and was not bound by state's recommended cap. | Byrne | Preble |
9/9/2024
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9/9/2024
| 2024-Ohio-4444 |
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State v. Cummings
| CA2023-12-018 | Defendant's conviction for assault on a peace officer was proper, and he did not receive ineffective assistance of counsel. Defendant cannot show a reasonable probability that a motion to dismiss on speedy-trial grounds would have been successful at the trial court level despite ambiguities with the trial court's sua sponte continuances because the defendant did not affirmatively assert his right at the trial level and provide the State an opportunity to present evidence that the continuances tolled the defendant's time. Additionally, overwhelming evidence of defendant's guilt makes it clear that the outcome of the trial could not have been different even if another trial strategy was pursued by counsel. | Hendrickson | Fayette |
9/3/2024
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9/3/2024
| 2024-Ohio-3356 |
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