|
| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
|
State v. Spain
| CA2023-11-123 | Juvenile defendant appeals from his manslaughter conviction. Defendant argued that the court erred by failing to expressly consider R.C. 2929.19(B)(1)(b), the youth-mitigation factors, at sentencing. Sentencing record supported conclusion that trial court considered defendant's youth before imposing sentence. | Byrne | Butler |
3/31/2025
|
3/31/2025
| 2025-Ohio-1121 |
|
State v. Marcum
| CA2024-05-072 | Appellant's conviction for obstructing official business was not against the manifest weight of the evidence where the state demonstrated appellant obstructed and delayed officers in their duty to fully investigate a 9-1-1 hang-up call made by his wife. | Hendrickson | Butler |
3/31/2025
|
3/31/2025
| 2025-Ohio-1122 |
|
State v. McQueen
| CA2024-07-087 | Appellant's convictions for abduction and strangulation were not allied offenses of similar import as the offenses were committed with separate conduct and the harms that resulted from the two offenses were separate and identifiable. | Hendrickson | Butler |
3/31/2025
|
3/31/2025
| 2025-Ohio-1123 |
|
State v. Sweet
| CA2024-10-074 | Anders no error. | Per Curiam | Clermont |
3/31/2025
|
3/31/2025
| 2025-Ohio-1126 |
|
State v. Wu
| CA2024-05-027 | Appellant's plea was knowingly, intelligently, and voluntarily entered where the totality of the circumstances indicated appellant understood the nature of the charges and the bill of particulars, which served as the state's recitation of facts, provided a sufficient basis to satisfy the elements of the offenses and to establish venue in Warren County. As enrollment in the violent offender database, R.C. 2903.41 et seq., is a collateral consequence rather than a punishment, Crim.R. 11 does not require a trial court to inform a defendant of the registration and notification requirements before accepting the defendant's guilty plea. Appellant's convictions for aggravated burglary, kidnapping, felonious assault, and retaliation were not allied offenses of similar import. Notice of postrelease control provided at the plea hearing and set forth in the sentencing entry does not correct the trial court's failure to impose postrelease control at the sentencing hearing. | Hendrickson | Warren |
3/31/2025
|
3/31/2025
| 2025-Ohio-1138 |
|
State v. Hanson
| CA2024-07-049 | Appellant failed to file a transcript of the proceedings necessary for this appeal. When portions of the transcript necessary for resolving assigned errors are omitted from the record, the reviewing court has nothing to evaluate and must presume the regularity or validity of the lower court's proceedings and affirm. | Hendrickson | Warren |
3/31/2025
|
3/31/2025
| 2025-Ohio-1139 |
|
Kochaliyev v. Kochaliyeva
| CA2024-08-055 | Divorce decree affirmed. There was no plain error by the trial court where its consideration of affidavits submitted by husband and wife was agreed to by husband's counsel. There was also no error in determining husband's separate interest in the marital home's equity because husband did not sufficiently tie purported loans to the marital home. | Hendrickson | Warren |
3/31/2025
|
3/31/2025
| 2025-Ohio-1140 |
|
Bank of Am. N.A. v. Dickerson
| CA2024-10-068 | The trial court did not abuse its discretion in determining that debtor was liable for the balance of a credit card account opened in her name where the court did not find credible the debtor's testimony that the account was fraudulently opened and used without her knowledge or authorization. | Powell | Warren |
3/31/2025
|
3/31/2025
| 2025-Ohio-1141 |
|
Otterbeing Maineville, L.L.C. v. Carman
| CA2024-07-052 | Trial court did not err in entering final judgment where plaintiff's attempt to dismiss only remaining claims under Civ.R. 41(A)(1)(a), while preserving prior summary judgment rulings, was a legal nullity. Trial court did not err in granting summary judgment to nursing home where son's personal liability arose from breach of contractual duty to manage mother's resources rather than from prohibited third-party payment guarantee under Federal Nursing Home Reform Act. Trial court did not err in calculating damages based on diverted funds rather than Medicaid rates where nursing home was entitled to private-pay rates before resident established Medicaid eligibility. Trial court did not err in granting summary judgment on Consumer Sales Practices Act counterclaim where nursing home's contract enforcement and debt collection practices had colorable legal basis and did not constitute deceptive or unconscionable conduct. | M. Powell | Warren |
3/24/2025
|
3/24/2025
| 2025-Ohio-1013 |
|
State v. Lopez
| CA2024-10-072 | Trial court did not err in denying defendant's request for new counsel where defendant later withdrew his request and entered a valid guilty plea. | Siebert | Clermont |
3/24/2025
|
3/24/2025
| 2025-Ohio-1011 |
|
State v. Rucker
| CA2024-11-027 | The trial court did not err in accepting appellant's guilty plea where the record reflects the court complied with Crim. R. 11 and his plea was knowing, voluntary, and intelligent in all respects. | Siebert | Fayette |
3/24/2025
|
3/24/2025
| 2025-Ohio-1012 |
|
Evans v. Evans
| CA2024-07-097 | The trial court erred in awarding spousal support to appellee where appellee had specifically withdrawn his request for spousal support and appellant relied upon that withdrawal in the presentation of his case. | Siebert | Butler |
3/24/2025
|
3/24/2025
| 2025-Ohio-1010 |
|
State v. Faircloth
| CA2024-02-028 | Appellant's conviction for theft by deception in violation of R.C. 2913.02(A)(3) was supported by sufficient evidence and not against the manifest weight of the evidence. However, because the trial court did not afford appellant her right to allocution at sentencing, the trial court's judgment was reversed and remanded for the limited purpose of resentencing to afford appellant her right to allocution as provided by Crim.R. 32(A)(1). WITH DISSENTING OPINION. | Piper | Butler |
3/17/2025
|
3/17/2025
| 2025-Ohio-878 |
|
State v. Stewart
| CA2024-03-045 | By stipulating to the admission of a cell phone download, which included text messages recovered from the phone, and by failing to object to any of the individual text messages offered by the state into evidence, appellant waived his right to challenge the admissibility of the evidence. Appellant's weapons and drug-related convictions were not against the manifest weight of the evidence. WITH CONCURRING OPINION. | Hendrickson | Butler |
3/17/2025
|
3/17/2025
| 2025-Ohio-879 |
|
Richter v. Richter
| CA2024-08-105 | Trial court did not abuse its discretion in confirming a commissioners' report and finding that land owned by appellant and appellee could not be partitioned, because doing so would cause manifest injury to its value where the resulting parcels would not comply with local zoning requirements. The trial court provided adequate notice that zoning variance issues would be considered at the final evidentiary hearing, the commissioners' report was supported by competent credible evidence, and the court was under no obligation to provide appellant additional time to seek a zoning variance that was unlikely to be granted. | Siebert | Butler |
3/17/2025
|
3/17/2025
| 2025-Ohio-880 |
|
State v. Shrophshire
| CA2024-02-012; CA2024-02-013 | The trial court erred in accepting appellant's no contest plea where the trial court failed to advise appellant during the plea colloquy that by entering his no contest plea, he was waiving his right to have compulsory process for obtaining witnesses. As the trial court failed to explain a constitutional right set forth in Crim.R. 11(C)(2)(c), we presume the plea was entered involuntarily and unknowingly and appellant did not need to show prejudice to have his plea vacated. WITH DISSENTING OPINION. | Hendrickson | Clermont |
3/17/2025
|
3/17/2025
| 2025-Ohio-881 |
|
Johnson v. First Key Homes, L.L.C.
| CA2024-09-067 | Release of escrowed rent to tenant affirmed. Landlord waived notice of rent escrow proceedings because it did not provide tenant with an Ohio address as required by R.C. 5321.18. Tenant's testimony that mold at rental home was not addressed by landlord was uncontroverted and merited release of the escrowed rent to her. | Siebert | Clermont |
3/17/2025
|
3/17/2025
| 2025-Ohio-882 |
|
State v. Watson
| CA2024-09-026 | Defendant's conviction for having a weapon while under disability was not against the manifest weight of the evidence. | Powell | Fayette |
3/17/2025
|
3/17/2025
| 2025-Ohio-883 |
|
In re J.D.L.
| CA2024-08-012 | Although it was unclear whether Preble County was the proper venue, the Preble County Juvenile Court had subject-matter jurisdiction over the dependency cases of the appellant's children. | Powell | Preble |
3/17/2025
|
3/17/2025
| 2025-Ohio-884 |
|
In re T.T.
| CA2024-10-067 | Anders no error. | Per Curiam | Warren |
3/17/2025
|
3/17/2025
| 2025-Ohio-885 |
|
Garrett v. Kronk
| CA2024-05-010 | The juvenile court's decision naming Father the residential parent and legal custodian of the parties' minor child was supported by the manifest weight of the evidence and was not an abuse of discretion where there was ample evidence in the record to support that such a designation was in the best interest of the child. | M. Powell | Madison |
3/10/2025
|
3/10/2025
| 2025-Ohio-783 |
|
State v. Montgomery
| CA2024-01-002 | Defendant's convictions for, among other charges, aggravated murder and aggravated robbery are affirmed. The trial court did not abuse its discretion in denying a self-defense instruction where no evidence supported defendant's assertion he believed marijuana would be purchased (as opposed to taken) from the victim. Even if his testimony were believed, defendant unreasonably escalated a dispute over the theft of the victim's marijuana by drawing a gun and shooting the victim. Testimony and evidence regarding other activity done by defendant and his associates throughout the day was not propensity evidence but instead context that demonstrated intent, preparation, planning, and opportunity to rob the victim. Finally, defendant's convictions were not against the manifest weight of the evidence because the jury believed the testimony and evidence presented by the state. Defendant's testimony of his actions following the incident demonstrated consciousness of guilt. | Hendrickson | Clermont |
3/10/2025
|
3/10/2025
| 2025-Ohio-784 |
|
State v. Isreal
| CA2024-10-119 | Anders no error. | Per Curiam | Butler |
3/10/2025
|
3/10/2025
| 2025-Ohio-785 |
|
State v. Vickers
| CA2024-08-107 | Anders no error. | Per Curiam | Butler |
3/10/2025
|
3/10/2025
| 2025-Ohio-786 |
|
State v. Robinson
| CA2024-08-111 | Anders no error. | Per Curiam | Butler |
3/3/2025
|
3/3/2025
| 2025-Ohio-695 |
|
State v. Rollins
| CA2024-06-053 | Anders no error. | Per Curiam | Clermont |
3/3/2025
|
3/3/2025
| 2025-Ohio-696 |
|
State v. Harner
| CA2023-11-017 | Defendant appeals from conviction for aggravated murder following a plea negotiation and a jointly-recommended sentence. Defendant's plea was made knowingly, intelligently, and voluntarily notwithstanding fact that trial court did not inform defendant that he could not appeal a jointly-recommended sentence pursuant to R.C. 2953.08(D)(1). Crim.R. 11(C) does not require court to advise defendant of effect of jointly-recommended sentence. | Byrne | Madison |
3/3/2025
|
3/3/2025
| 2025-Ohio-698 |
|
State v. Hudson
| CA2024-08-013 | Anders no error. | Per Curiam | Clinton |
3/3/2025
|
3/3/2025
| 2025-Ohio-697 |
|
State v. Bussell
| CA2024-06-040 | Appellant's conviction for gross sexual imposition in violation of R.C. 2907.05(A)(4) was supported by sufficient evidence and was not against the manifest weight of the evidence, and the trial court did not err by providing the jury with a course of conduct instruction or in sentencing appellant to prison, where it was proven beyond a reasonable doubt that appellant had engaged in sexual contact with the child victim by touching her leg and upper thigh for the purposes of his own sexual gratification. Appellant's sentence was nevertheless reversed for the trial court to employ the postrelease control correction procedures set forth in R.C. 2929.191. | Piper | Warren |
3/3/2025
|
3/3/2025
| 2025-Ohio-699 |
|
In re M.P.A.S.
| CA2024-10-066 | Juvenile's delinquency adjudication for receiving stolen property was not supported by sufficient evidence as the state failed to show the juvenile knew or had reasonable cause to believe the vehicle was stolen. | Powell | Warren |
3/3/2025
|
3/3/2025
| 2025-Ohio-700 |
|
Lawless v. Henderson
| CA2024-07-018 | Issuance of civil protection order ("CPO") affirmed. Respondent was constructively served CPO petition and ex parte CPO at the time he attempted to deliberately avoid personal service of process from sheriff. The trial court therefore had jurisdiction to issue a full CPO after conducting a hearing the respondent did not attend. Further, respondent's judicial admission that he called to the court to advise he would be late to the hearing demonstrated he had notice of the hearing. | Powell | Fayette |
2/24/2025
|
2/24/2025
| 2025-Ohio-588 |
|
Myers v. First Energy
| CA2024-08-016 | The trial court did not err in dismissing appellant’s complaint for lack of subject-matter jurisdiction because disputes over electrical service rates and charges fall within the exclusive jurisdiction of the Public Utilities Commission of Ohio ("PUCO") and merely casting allegations as a breach of contract does not confer jurisdiction on the trial court. Appellant’s arguments regarding the magistrate’s bias were waived, and arguments regarding the trial judge’s bias were not a proper subject for appellate review. Appellant’s eighth amendment claims regarding entirely separate proceedings were not properly before the appellate court and were therefore disregarded. | Hendrickson | Madison |
2/24/2025
|
2/24/2025
| 2025-Ohio-589 |
|
State v. Perez-Echeniquez
| CA2024-12-025 | The trial court erred by sentencing appellant to one year in jail, six months more than what was statutorily permissible under R.C. 2929.16(A)(2), thereby rendering the trial court's sentence otherwise contrary to law in violation of R.C. 2953.08(G)(2)(b). | Piper | Madison |
2/24/2025
|
2/24/2025
| 2025-Ohio-590 |
|
State v. Tye
| CA2024-02-021 | Appellant's conviction was reversed and vacated where the record did not show that appellant expressly pled guilty to the charged offense and, therefore, there was no basis for the conviction. | Piper | Butler |
2/24/2025
|
2/24/2025
| 2025-Ohio-587 |
|
State v. Burson
| CA2024-08-006 | Appellant was not provided with ineffective assistance of counsel, was not subject to prosecutorial misconduct, and the trial court did not err by denying appellant's motion to suppress, by allowing a certain witness to testify as an expert witness, or in sentencing appellant to prison, where appellant was arrested and charged with two counts of third-degree felony operating a vehicle while intoxicated ("OVI"), both of which included a specification for certain repeat OVI offenders, as well as one count of fourth-degree felony failure to comply with an order or signal of a police officer, and one count of second-degree misdemeanor resisting arrest, following a chase that ultimately resulted in appellant being removed from a creek by law enforcement suffering from symptoms of hypothermia that required him to receive medical treatment, which included having his blood drawn and tested for drugs and alcohol. | Piper | Brown |
2/18/2025
|
2/18/2025
| 2025-Ohio-499 |
|
State v. Brown
| CA2024-03-019 | Appellant's convictions for violating a protection order and resisting arrest were supported by the weight of the evidence where appellant was informed about the protection order but refused to leave the residence he was ordered to vacate and then resisted lawful arrest. Appellant did not receive ineffective assistance of counsel, nor did the trial court abuse its discretion in rendering its misdemeanor sentencing decision. | M. Powell | Clermont |
2/18/2025
|
2/18/2025
| 2025-Ohio-500 |
|
Gauthier v. Gauthier
| CA2024-05-026 | Trial court erred in finding that a husband's patent costs claim against his former wife was barred by the statute of limitations in R.C. 2305.06. | M. Powell | Warren |
2/18/2025
|
2/18/2025
| 2025-Ohio-501 |
|
State v. Vicars
| CA2024-07-047 | Anders no error. | Per Curiam | Warren |
2/10/2025
|
2/10/2025
| 2025-Ohio-412 |
|
State v. Mauch
| CA2024-04-008 | Appellant's guilty plea to one count of first-degree felony aggravated possession of drugs was knowingly, intelligently, and voluntarily entered despite the trial court not advising appellant of his truncated appellate rights because the failure to inform a defendant that a guilty plea waives certain rights on appeal is not one of the specifically enumerated rights the trial court is required to discuss during the Crim.R. 11 colloquy. | Piper | Madison |
2/10/2025
|
2/10/2025
| 2025-Ohio-413 |
|
Auto Recyclers of Middletown, Inc. v. Stein, L.L.C.
| CA2024-07-089 | The trial court did not abuse its discretion in holding that appellants were precluded from presenting expert testimony due to their failure to disclose any expert reports as required by Civ.R. 26(B)(7) and the trial court's pretrial scheduling order. The "thousands of pages of documents" appellants produced during discovery did not constitute an expert report. Summary judgment was appropriately rendered in appellees' favor on appellant's nuisance, negligence, tortious interference with business relationships, and trespass claims where appellants were precluded from presenting expert opinion to demonstrate to a reasonable degree of scientific probability that appellees steelmaking or slag-processing operations were the proximate cause of the fugitive dust and particulate matter they claimed harmed their businesses. | Hendrickson | Butler |
2/10/2025
|
2/10/2025
| 2025-Ohio-414 |
|
Adkins v. Middletown
| CA2024-02-024 | Former city manager appeals from decision granting summary judgment in favor of employer and dismissing city manager's claims for age, sex, and race discrimination, and retaliation under R.C. Chapter 4112. City manager failed to establish prima facie case of discrimination or retaliation. City manager failed to establish cat's paw theory of discrimination and retaliation. Reverse race discrimination claim rejected. | Byrne | Butler |
2/3/2025
|
2/3/2025
| 2025-Ohio-317 |
|
OZ Property Mgt., Inc. v. Williams
| CA2024-07-088 | The trial court did not err by dismissing appellant's complaint for eviction and money damages brought against appellant's now former tenant, appellee, where appellant accepted a partial payment of rent for the same month in which it was attempting to evict its tenant for non-payment of rent. WITH DISSENTING OPINION. | Piper | Butler |
2/3/2025
|
2/3/2025
| 2025-Ohio-318 |
|
In re S.M.
| CA2024-07-011 | A juvenile court's decision adjudicating appellant a delinquent child was not a final appealable order where no dispositional decision had been entered prior to appellant filing his appeal challenging that adjudication. | Piper | Clinton |
2/3/2025
|
2/3/2025
| 2025-Ohio-321 |
|
State v. Harris
| CA2024-06-045 | Anders no error. | Per Curiam | Clermont |
2/3/2025
|
2/3/2025
| 2025-Ohio-319 |
|
Schaible v. Schaible
| CA2024-06-049 | Appellant's appeal challenging a domestic relation court's decision denying her emergency motion to stay the issuance of a passport to her and appellee's minor son was frivolous where, at a hearing, appellant expressly consented to having a passport issued to the minor so that he could travel out of the country with appellee for a fishing trip to Canada, thereby entitling appellee to reasonable attorney fees in accordance with the appellate court's local rules. | Piper | Clermont |
2/3/2025
|
2/3/2025
| 2025-Ohio-320 |
|
State v. O'Neill
| CA2024-11-130 | Defendant's constitutional rights were not of sufficient magnitude to outweigh the victim's statutory and constitutional rights. Under a due process analysis, defendant's stated reasons for the medical records did not show that the records were material to his defense. | Hendrickson | Butler |
1/30/2025
|
1/30/2025
| 2025-Ohio-287 |
|
Gambrel v. Segal
| CA2024-04-028 | The trial court's decision granting a dating violence civil protection order to appellee against appellant was dismissed where appellant failed to file an objection to the magistrate's decision granting the civil protection order to appellee as initially required to file an appeal pursuant to Civ.R. 65.1(G). | Piper | Clermont |
1/27/2025
|
1/27/2025
| 2025-Ohio-215 |
|
State v. Snyder
| CA2024-04-023 | The defendant's conviction for violating a protection order is affirmed. The trial court did not abuse its discretion in denying defendant's motion for a continuance on the day of trial where the trial had previously been continued, and the defendant was able to present copies of documents prepared by the defendant despite them containing handwriting. While each side may have been able to more thoroughly demonstrate their respective positions, the defendant's conviction was not against the manifest weight of the evidence simply because trial court believed the testimony and evidence presented by the State. | M. Powell | Warren |
1/27/2025
|
1/27/2025
| 2025-Ohio-216 |
|
Nichols v. Croplands, L.L.C.
| CA2024-02-005 | Trial court erred in resorting to extrinsic evidence to find "exclusive occupancy" agreement granted tenants a life estate. The tenants' right of exclusive occupancy was not measured by their lives, but rather by meeting other conditions. The agreement was a rental agreement subject to R.C. Chapter 5321. | Byrne | Madison |
1/21/2025
|
1/21/2025
| 2025-Ohio-128 |
|
State v. Lemasters
| CA2024-01-002 | Defendant failed to establish violation of double jeopardy. Destruction of defendant's alleged property was accomplished through a separate civil forfeiture proceeding and was not a second penalty for the same offense. | Byrne | Madison |
1/21/2025
|
1/21/2025
| 2025-Ohio-129 |
|