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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Martin
| 23CA702, 23CA703 | guilty plea; knowing, intelligent, and voluntary; Crim.R. 11(C)(2)(c); jury trial; unanimity | Hess | Vinton |
6/18/2024
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6/24/2024
| 2024-Ohio-2408 |
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Hoy v. Hoy
| 23CA704 | Divorce; appraisal; valuation of marital property; question of fact; manifest weight of the evidence | Wilkin | Vinton |
6/18/2024
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6/26/2024
| 2024-Ohio-2440 |
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State v. Darrington
| 22CA4007 | CRIMINAL-VOLUNTARINESS OF PLEA-JOINTLY RECOMMENDED SENTENCE - A trial court is not bound by a sentencing recommendation; no reversible error occurs when it is determined that a trial court sufficiently warned a defendant that a harsher sentence may be imposed than the one agreed upon if certain conditions are not met, or if certain events occur, between the plea and sentencing hearings. | Smith | Scioto |
6/12/2024
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6/17/2024
| 2024-Ohio-2299 |
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State v. Martin
| 23CA3 | In State v. Rhodes, 2 Ohio St.3d 74, 442 N.E. 2d 1299 (1982), the Supreme Court of Ohio explained that "for purposes of determining the commission of a theft offense under R.C. 2913.01, one need not hold a certificate of title to be in lawful possession of a motor vehicle" and the identity of the holder of a certificate of title to a motor vehicle is not the controlling issue. Thus, where it was up to the jury to determine the credibility of the witnesses and to resolve any conflicts in evidence, we cannot find that the jury clearly lost its way and created a manifest miscarriage of justice requiring reversal of Appellant's conviction for grand theft of a motor vehicle although motorcycle at issue was still titled in her name; where essence of theft offense is the wrongful taking by the defendant, trial court did not err in denying Appellant's Crim.R. 12(C) motion to dismiss when it would have been premature for the trial court to determine whether the State could satisfy its burden of proof and to rule on issues of fact; trial court did not abuse its discretion in granting the State of Ohio's motion in limine requesting exclusion of evidence regarding civil remedies Appellant could have availed herself of where said evidence would have added to confusion and had a genuine potential to mislead the jurors; while prosecutor improperly accused Appellant and her son of lying multiple times, prosecutor's remarks constituted harmless error where, had the remarks not been made and had her son not testified, Appellant would still have been convicted of grand theft and breaking and entering based on testimony of other witnesses and documentary evidence presented at trial; because the record does not contain evidence that the trial court considered Appellant's present and future ability to pay a financial sanction and because the record contains not testimony as to the amount of storage fees to be paid and as to the identity of the person or entity to be paid, restitution order is reversed and remanded for consideration of the issues. | Smith | Highland |
6/12/2024
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6/18/2024
| 2024-Ohio-2334 |
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In re I.G.
| 23CA27 | DELINQUENT CHILDREN - trial court incorrectly determined that it lacked subject-matter jurisdiction due to state's failure to present evidence at the adjudicatory hearing to establish that the child was less than 18 years of age; the record contained documents listing the child's birth date, which showed that she was less than 18 years of age; trial court observed child and never raised any concern that she was not less than 18 years of age; testimony presented at the adjudicatory hearing established that child was a middle school student. | Smith | Pickaway |
6/12/2024
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6/18/2024
| 2024-Ohio-2335 |
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State v. Underwood
| 21CA3974 | Jury instructions; self defense; defense of others; sufficiency of the evidence; manifest weight of the evidence; firearm specification; operability of firearm; ineffective assistance of counsel; cumulative error doctrine; expert witness; legal strategy; inferior offenses; aggravated assault; complicity | Hess | Scioto |
6/11/2024
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6/13/2024
| 2024-Ohio-2273 |
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In re Guardianship of Baker
| 23CA13 | R.C. 2111.02; abuse of discretion; third-party guardian; incompetent; application for guardianship; best interests; clear and convincing evidence; stranger as guardian | Wilkin | Athens |
6/11/2024
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6/20/2024
| 2024-Ohio-2350 |
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In re A.W.
| 23CA18 & 23CA19 | Permanent custody—trial court's decision to grant agency permanent custody of the mother's two children was not against the manifest weight of the evidence; guardian ad litem's alleged failure to comply with Sup.R. 48.03 did not constitute reversible error | Wilkin | Hocking |
6/4/2024
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6/12/2024
| 2024-Ohio-2243 |
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Gaffin v. Haslam
| 23CA1180 | statute of repose; statute of limitations; legal malpractice; fraud; breach of fiduciary duty | Hess | Adams |
5/30/2024
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6/3/2024
| 2024-Ohio-2117 |
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State v. Petrey
| 23CA29 | bill of particulars, plain error, guilty plea, waiver | Hess | Athens |
5/30/2024
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6/3/2024
| 2024-Ohio-2118 |
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State v. Remy
| 23CA705 | jurisdiction; final appealable order; R.C. 2505.02; Crim.R. 32(C); judgment of conviction; counts remain unresolved | Hess | Vinton |
5/30/2024
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6/3/2024
| 2024-Ohio-2119 |
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State v. Williams
| 22CA16 | Operating a motor vehicle while under the influence of alcohol or drugs (OVI); traffic stop; marked lane violation; motion to suppress; Fourth Amendment of the United States Constitution; probable cause; reasonable and articulable suspicion; dash-camera video; credibility of witnesses; R.C. 4511.33(A)(1) | Wilkin | Pickaway |
5/28/2024
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6/4/2024
| 2024-Ohio-2146 |
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Lawler v. Green
| 23CA10 | Trial court did not abuse its discretion when it found father in contempt of court for failure to pay child support. | Abele | Pickaway |
5/22/2024
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5/29/2024
| 2024-Ohio-2046 |
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State v. Thomas
| 22CA35 | Prosecution did not vouch for expert witness, trial counsel did not render ineffective assistance of counsel by stipulating to prior conviction in weapons under disability trial, and no cumulative error occurred. | Abele | Ross |
5/22/2024
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6/13/2024
| 2024-Ohio-2281 |
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In re J.G.
| 23CA27, 23CA28, 23CA29, 23CA30 | ABUSED, NEGLECTED, DEPENDENT CHILDREN; JUV.R 29(D) - even if trial court did not substantially comply with Juv.R. 29(D) when accepting mother's admission to abuse and dependency complaints, evidence presented at adjudicatory hearing otherwise was sufficient to support adjudications. | Smith | Washington |
5/22/2024
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6/3/2024
| 2024-Ohio-2122 |
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State v. Johnson
| 23CA11 | Appellant's conviction not against the manifest weight of the evidence. | Abele | Highland |
5/22/2024
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5/29/2024
| 2024-Ohio-2058 |
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Kerns v. Hale
| 23CA4039 | Civ.R. 56, summary judgment, genuine issue of material fact, de novo review, R.C. 4511.21(A), assured clear distance ahead, pedestrian, negligence per se, R.C. 4511.48(A) and (E), R.C. 4511.46(B), limited access highway, freeway, R.C. 5511.02(D), punitive damages, malice, attorney fees, negligent entrustment | Wilkin | Scioto |
5/22/2024
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5/29/2024
| 2024-Ohio-2061 |
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Thompson v. Thompson
| 22CA21 | Divorce, Evid.R. 803(3), hearsay exception, abuse of discretion, marital property, separate property, R.C. 3105.171, manifest weight of the evidence, transfer on death affidavit, parol evidence rule, waiver, plain error, spousal support, R.C. 31.05.18(C) | Wilkin | Washington |
5/22/2024
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6/4/2024
| 2024-Ohio-2147 |
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State v. Harp
| 23CA1170 | CRIMINAL-VOLUNTARINESS OF PLEA-JOINTLY RECOMMENDED SENTENCE - A trial court is not bound by a sentencing recommendation; no reversible error occurs when it is determined that a trial court sufficiently warned a defendant that a harsher sentence may be imposed than the one agreed upon if certain conditions are not met, or if certain events occur, between the plea and sentencing hearings. | Smith | Adams |
5/22/2024
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6/3/2024
| 2024-Ohio-2120 |
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State v. Bridges
| 23CA8 | Trial court may impose supervisory costs for costs associated with post-release control, appellate counsel received appropriate access to the defendant's presentence report (PSI), but cause remanded for consideration of State v. Taylor, 163 Ohio St.3d 508, 2020-Ohio-6786, 171 N.E.3d 290. | Abele | Gallia |
5/15/2024
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5/22/2024
| 2024-Ohio-1967 |
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Beacon Funding Corp. v. CV Transp. & Towing, Inc.
| 23CA21 | Breach of contract-appellants failed to establish genuine issue of material fact remained when they simply submitted conclusory allegations challenging the amount due | Abele | Ross |
5/14/2024
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5/23/2024
| 2024-Ohio-1993 |
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DCI Rentals, L.L.C. v. Sammons
| 23CA4030 | Negligence-permanent injury to real property; trial court correctly determined that appellant's measure of damages was the market value of the property before and after the injury when the injury to appellant's property was permanent. | Abele | Scioto |
5/14/2024
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5/22/2024
| 2024-Ohio-1962 |
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State v. Conn
| 23CA1175 | consecutive sentences; R.C. 2929.14(C)(4); R.C. 2953.08(G)(2) | Hess | Adams |
5/10/2024
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5/20/2024
| 2024-Ohio-1920 |
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State v. Guice
| 22CA4010 | Fourth Amendment; warrantless search; consent; rental car; expectation of privacy; right to exclude; undercarriage of vehicle; multiplicitous counts; sufficiency of the evidence; manifest weight of the evidence; hidden compartment; Fifth Amendment; right to remain silent | Hess | Scioto |
5/10/2024
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5/20/2024
| 2024-Ohio-1914 |
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In re D.E.
| 23CA15 | juvenile delinquent; R.C. 2152.16; R.C. 2152.01; plain error; findings on the record; jointly recommended sentence | Hess | Washington |
5/8/2024
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5/10/2024
| 2024-Ohio-1796 |
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State Dept. of Natural Resources, Div. of Forestry v. Srofe
| 22CA3996 | Quiet Title; Department of Natural Resources, Division of Forestry; bench trial; de novo; manifest weight of the evidence; credibility of witnesses; land surveyor experts; survey standards; Virginia Military Survey (“VMS”); boundary line agreement; deed; due process; service by mail; service by publication; res judicata; claim preclusion; issue preclusion; void judgment; inherent power to vacate void judgment; Civ.R. 60(B) – relief from judgment; R.C. 5301.21 | Wilkin | Scioto |
5/7/2024
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5/13/2024
| 2024-Ohio-1842 |
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State v. Price
| 23CA6 & 23CA7 | felony sentencing; contrary to law; plain error; Reagan Tokes Act; R.C. 2929.19 | Hess | Meigs |
4/26/2024
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4/29/2024
| 2024-Ohio-1641 |
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Storer v. Natl. Coop. Bank
| 23CA8 | Civ.R. 12(B)(6); failure to state a claim; wrongful termination; clear public policy; pregnancy discrimination; temporal nexus | Hess | Highland |
4/26/2024
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5/1/2024
| 2024-Ohio-1676 |
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State v. Kuntz
| 23CA11 | CRIMINAL-SUFFICIENCY-MANIFEST WEIGHT-INEFFECTIVE ASSISTANCE OF COUNSEL-WAIVER - Kuntz's convictions for felony murder and felonious assault were supported by sufficient evidence and were not against the manifest weight of the evidence; trial counsel was not constitutionally ineffective despite the fact that a portion of Kuntz's video containing prejudicial material was accidentally played for the jury; Kuntz's independent felony/merger doctrine argument was not preserved for purposes of appeal. | Smith | Ross |
4/26/2024
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5/1/2024
| 2024-Ohio-1680 |
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State v. Avery
| 23CA12 | OVI, manifest weight of the evidence, R.C. 4511.19(A)(1)(a), alcohol, marijuana, field sobriety tests | Hess | Ross |
4/26/2024
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4/29/2024
| 2024-Ohio-1642 |
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State v. Gay
| 22CA3999 | Appellant's felonious assault conviction supported by sufficient evidence and not against the manifest weight of the evidence. | Abele | Scioto |
4/25/2024
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5/1/2024
| 2024-Ohio-1673 |
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State v. Stewart
| 23CA1 | R.C. 2907.02(A)(2), rape, sufficiency of the evidence, manifest weight of the evidence, R.C. 2953.08(G)(2), R.C. 2929.18(A), fine, R.C. 2947.23(C), court costs, R.C. 2929.11, R.C. 2929.12(F) | Hess | Lawrence |
4/24/2024
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4/29/2024
| 2024-Ohio-1640 |
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State v. Rowland
| 21CA11 | Rape, gross sexual imposition, plain error, unfairly prejudicial evidence, Evid.R. 403(A), abuse of discretion, ineffective assistance of counsel, hearsay, Confrontation Clause, de novo, Evid.R. 804(A)(3), Evid.R. 804(B)(6), Evid.R. 801(D)(1)(c), sufficiency of the evidence, manifest weight of the evidence, community control sanction, no contact order, cumulative errors | Wilkin | Jackson |
4/23/2024
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4/30/2024
| 2024-Ohio-1660 |
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State v. Peaks
| 23CA1 | CRIMINAL-SUFFICIENCY-MANIFEST WEIGHT-INEFFECTIVE ASSISTANCE OF COUNSEL - The judgment of the trial court is affirmed where the conviction for sexual imposition was supported by sufficient evidence and was not against the manifest weight of the evidence; appellant failed to demonstrate he received ineffective assistance of counsel where the errors alleged were either presumed to be sound trial strategy or where the alleged deficiency did not result in prejudice. | Smith | Gallia |
4/22/2024
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5/1/2024
| 2024-Ohio-1678 |
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State v. Boyd
| 23CA4, 23CA5 | ineffective assistance, speedy trial, R.C. 2945.71(C)(2), R.C. 2945.72(H), failure to appear, waiver, consecutive sentences, R.C. 2929.14(C)(4), R.C. 2953.08(G)(2) | Hess | Jackson |
4/18/2024
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4/22/2024
| 2024-Ohio-1517 |
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Kesler v. JM Harper, L.L.C.
| 23CA2 | Dram Shop Act, R.C. 4399.18; Motion for Judgment on the Pleadings, Civ.R. 12(C); de novo; Plain Error | Wilkin | Hocking |
4/18/2024
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4/24/2024
| 2024-Ohio-1575 |
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Knab v. Washington Cty. Bd. of Commrs.
| 23CA2 | Summary judgment-political subdivision-negligent maintenance of sewer-record did not establish genuine issues of material fact as to whether political subdivisions negligently maintained sewer; no evidence showed that political subdivision had prior actual or constructive notice that sewer was clogged or that it acted unreasonably once it learned that sewer was clogged; even if political subdivision failed to conduct routine maintenance and inspection, the evidence failed to demonstrate that routine maintenance and inspection would have prevented the clog from forming or the sewage from intruding into appellant's home. | Abele | Washington |
4/18/2024
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4/24/2024
| 2024-Ohio-1569 |
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State v. Gutierrez
| 23CA10 | jurisdiction; hanging charges; final appealable order | Hess | Ross |
4/15/2024
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4/15/2024
| 2024-Ohio-1404 |
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State v. Bell
| 22CA1160 | Trial counsel not ineffective; guilty plea knowing, intelligent and voluntary; sentence not contrary to law. | Abele | Adams |
4/12/2024
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4/19/2024
| 2024-Ohio-1502 |
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State v. Shepard
| 23CA10 | Sixth Amendment; cross-examination; Evid. R. 608; character for truthfulness; manifest weight of the evidence | Hess | Highland |
4/12/2024
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4/15/2024
| 2024-Ohio-1408 |
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Neal v. Gersten
| 22CA11 | foreclosure; Civ.R. 12(B)(2); lack of personal jurisdiction; proper service; certified mail; hearing; Civ.R. 60(B); Civ.R. 4.1(A); Civ.R. 55; motion for default judgment; App.R. 16; supersedeas bond; Civ.R. 62(B); R.C. 2505.14 | Hess | Ross |
4/12/2024
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4/15/2024
| 2024-Ohio-1405 |
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In re D.A.
| 23CA25 | Permanent Custody; manifest weight of the evidence; best interest of the child; R.C. 2151.414 | Hess | Athens |
4/10/2024
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4/15/2024
| 2024-Ohio-1416 |
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State v. Howard
| 22CA6 | 6th Amendment right to confrontation; motion to severe; testimonial statement; stacking inference; manifest weight of the evidence; ineffective assistance of counsel; indigency affidavit | Hess | Highland |
4/10/2024
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4/15/2024
| 2024-Ohio-1409 |
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State v. Dunbar
| 22CA14 | Trial court did not err when it denied appellant's motions to suppress evidence. | Abele | Gallia |
4/10/2024
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4/17/2024
| 2024-Ohio-1460 |
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In re L.M.
| 23CA14 | Permanent custody—trial court's decision to place children in the agency's permanent custody was not against the manifest weight of the evidence; evidence showed that children had been in the agency's temporary custody for 12 or more months of a consecutive 22-month period; evidence supported trial court's finding that placing children in the agency's permanent custody is in their best interests | Wilkin | Jackson |
4/8/2024
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4/16/2024
| 2024-Ohio-1435 |
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Mollett v. Lawrence Cty. Bd. of Dev. Disabilities
| 22CA6 | Employment contract, breach of contract, contract interpretation, condition precedent, Faithless Servant Doctrine, duty of loyalty, de novo review | Wilkin | Lawrence |
4/8/2024
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4/16/2024
| 2024-Ohio-1434 |
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State v. Platt
| 23CA9 | Trial court properly articulated the R.C. 2929.20(J) factors to support a grant of judicial release. | Abele | Athens |
4/2/2024
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4/9/2024
| 2024-Ohio-1331 |
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State v. Platt
| 22CA2 | Involuntary manslaughter and endangering children - Sufficient evidence supported appellant's involuntary-manslaughter and endangering-children convictions; appellant's failure to secure loaded guns in a locked location inaccessible to children and his failure to properly supervise the three weapons-curious children created a substantial risk of serious harm to his two children and their overnight guest; appellant's conduct or failure to act caused the death of 11-year-old child as a proximate result of committing endangering children, even though appellant did not actually fire the weapon; appellant's conduct or failure to act was a substantial factor in causing the child's death; the child's death was a foreseeable risk of appellant's failure to secure loaded guns in a lock location inaccessible to children and failure to properly supervise the three weapons-curious children - Trial court did not plainly err by permitting law enforcement officer to testify about his gun-safety and gun-storage practices; officer's testimony helped explain how a reasonable parent might choose to store guns so as to reduce risk that children will be able to access loaded weapons - Trial counsel was not ineffective for failing to raise 31 objections to various testimony - Cumulative error doctrine did not apply - Appellant's sentencing argument meritless based upon State v. Hacker, __ Ohio St.3d __, 2023-Ohio-2535, __ N.E.3d __. | Abele | Athens |
4/2/2024
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4/9/2024
| 2024-Ohio-1330 |
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In re C.B.
| 23CA17, 23CA18, 23CA19, 23CA20 | Permanent-custody proceeding-trial court's decision to place children in agency's permanent custody was not against the manifest weight of the evidence when parents remained addicted to drugs despite nearly two years of agency involvement. | Abele | Highland |
4/2/2024
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4/9/2024
| 2024-Ohio-1332 |
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State v. Nolan
| 23CA1169 | R.C. 2953.08(G)(2); R.C. 2929.14(C)(4); consecutive sentences; aggregate sentence; R.C. 2929.11; R.C. 2929.12; contrary to law | Hess | Adams |
3/27/2024
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4/1/2024
| 2024-Ohio-1245 |
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