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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Blus v. Civista Bank E-24-029, E-24-030Summary judgment to bank on consumers’ claims for breach of contract and unjust enrichment affirmed. The agreements unambiguously allow the bank to impose non-sufficient funds ("NSF") Fees on debit card transactions that authorize into a positive balance and settle into a negative balance. They also allow imposition of NSF Fees on each item returned unpaid regardless of whether it was presented for the first, second, or third time. Claims of unjust enrichment must fail where a contract exists covering the same subject matter.DuhartErie 9/12/2025 9/12/2025 2025-Ohio-3303
State v. McNeal L-24-1184Zmuda, J., writing for the majority, finds that trial court did not err in denying appellant’s motion to suppress. Judgment affirmed.ZmudaLucas 9/12/2025 9/12/2025 2025-Ohio-3304
State v. Al-Murshidy WD-24-070Per Mayle, J., appellant’s appeal is moot because he voluntarily served his misdemeanor sentence without seeking a stay pending appeal and the record does not contain evidence of a collateral disability or loss of civil rights arising from the conviction.MayleWood 9/12/2025 9/12/2025 2025-Ohio-3302
State v. Gonzales WD-24-073Trial court properly denied appellant’s Crim.R. 29(A) motion for acquittal following a Bowling Green Municipal Court bench trial on one count of resisting arrest, in violation of R.C. 2921.33(A), a misdemeanor of the second degree. Judgment affirmed.DuhartWood 9/12/2025 9/12/2025 2025-Ohio-3305
State v. Boyd OT-24-022, OT-24-023Duhart. The trial court did not err in denying motion to suppress. The convictions were based on sufficient evidence and are not against the manifest weight. Trial court did not abuse its discretion in admitting text message evidence or in giving a complicity instruction.DuhartOttawa 9/9/2025 9/9/2025 2025-Ohio-3248
State v. Matthews OT-24-045, OT-24-046Sulek - Trial court does not abuse its discretion in denying post-sentence motion to withdraw guilty plea where appellant argues that he would have gone to trial but for counsel’s failure to inform him of the existence of search warrants prior to his plea but does not provide any evidence that the search warrants were defective to support his claim that evidence would have been suppressed.SulekOttawa 9/5/2025 9/5/2025 2025-Ohio-3175
State v. Wright WM-24-014State’s failure to recommend sentences be served concurrently not plain error where the trial court sentenced defendant on its own independent examination of his criminal record and the facts of the case.SulekWilliams 9/5/2025 9/5/2025 2025-Ohio-3176
Smith v. Norfolk S. Ry. Co. E-24-049Per Mayle, J., In a Federal Employers' Liability Act ("FELA") claim, trial court improperly excluded employee’s experts’ causation opinions. Treating physician was not required to provide an expert report under Civ.R. 26(B)(7)(d). Expert ergonomist utilized proper scientific method, there existed sufficient factual basis for opinions, and acceptable methodology was used. Railroad’s criticisms go to weight and not admissibility of opinions. Summary judgment improperly granted for railroad.MayleErie 9/2/2025 9/2/2025 2025-Ohio-3122
State v. Hall H-24-022 & H-24-023Per Mayle, J., although defense counsel was deficient in failing to object to questions eliciting hearsay and opinions about victim’s credibility, he was not deficient in failing to object to questions concerning victim’s childhood. Defendant failed to establish prejudice caused by counsel’s deficient performance.MayleHuron 8/29/2025 8/29/2025 2025-Ohio-3099
State v. Manning L-24-1136Judge Duhart, R.C. 2953.08(D)(1), failure to hold restitution hearing was not error when amount of restitution was agreed to in plea agreement.DuhartLucas 8/29/2025 8/29/2025 2025-Ohio-3101
State v. Snow L-24-1194Sulek, J. Trial counsel was not ineffective in failing to request that rape counts, involving separate victims, be severed for trial as the evidence in each case was simple and direct. Counsel’s failure to object to nonprejudicial statements made by the prosecutor during closing argument was not ineffective. Crim.R. 8; Crim.R. 14; prosecutorial misconduct; plain error.SulekLucas 8/29/2025 8/29/2025 2025-Ohio-3104
State v. Williams L-24-1138Trial court error granting new trial because there was no extraneous prejudicial information on the jurors. Judgment reversed. Osowik.OsowikLucas 8/29/2025 8/29/2025 2025-Ohio-3105
State v. Durst S-24-029Sulek, P.J. The trial court erred by failing to hold an evidentiary hearing on the State’s failure to return appellant’s cellphone as previously ordered.SulekSandusky 8/29/2025 8/29/2025 2025-Ohio-3103
Johnson v. Port Clinton OT-24-036Trial court errs in dismissing defamation claim where complaint alleges all elements of the claim. Claim for intentional infliction of emotional distress properly dismissed where facts alleged are not, as a matter of law, extreme or outrageous. Claim for retaliation properly dismissed where no basis exists to extend statutory claim for discrimination into a non-discrimination context. Declaratory judgment action for violation of due process does not state a claim where constitution does not provide an independent cause of action and where R.C. Chapter 124 provides adequate remedy of appeal.DuhartOttawa 8/29/2025 8/29/2025 2025-Ohio-3100
State v. Newsome WD-24-074Judge Duhart. Clerical error. Sentence. Nunc pro tunc entry.DuhartWood 8/29/2025 8/29/2025 2025-Ohio-3102
McKitrick v. State S-24-030Sulek, J. The trial court erred by summarily denying appellant’s petition for a Certificate of Qualification for Employment under R.C. 2953.25 as untimely without considering the criteria set forth in Adm.Code 5120-15-01.SulekLucas 8/26/2025 8/26/2025 2025-Ohio-3047
State v. Walker WD-24-068Duhart. Reversing judgment of sentence on grounds that Walker was denied his right to allocution under Crim.R. 32(A)(1).DuhartLucas 8/26/2025 8/26/2025 2025-Ohio-3049
Univ. of Toledo v. Am. Assn. Univ. Professors L-24-1221Per Mayle, J., trial court improperly vacated arbitrator’s award because the arbitrator did not exceed his authority, the award drew its essence from the parties’ collective bargaining agreement, and the award was not arbitrary, capricious, or unlawful.MayleLucas 8/22/2025 8/22/2025 2025-Ohio-3008
State v. Jones E-24-009Duhart. Trial court erred by admitting other-acts evidence because state failed to show that it was for a non-propensity purpose, however the error was harmless. Also, appellant’s convictions are supported by sufficient evidence and were not against the weight of the evidence. Finally, appellant failed to establish that his trial counsel was ineffective.DuhartLucas 8/19/2025 8/19/2025 2025-Ohio-2958
State v. Kincade L-24-1200Sulek, J. In a felony case involving a mandatory fine, ineffective assistance of counsel is not shown where the record lacks evidence that had counsel filed an affidavit of indigency it would have been granted. R.C. 2929.18.SulekLucas 8/19/2025 8/19/2025 2025-Ohio-2959
T.M. v. McNair OT-24-039Appellant failed to file timely objections to the trial court’s adoption of the magistrate’s decision granting a Civil Stalking Protection Order ("CSPO") as required by Civ.R. 65.1(G). For this reason, the appeal is dismissed.SulekOttawa 8/19/2025 8/19/2025 2025-Ohio-2960
Baber v. Mikolayczyk S-24-022Where the servient estate holder challenged the validity and location of an express easement over his property but failed to include the hearing transcript and evidence on appeal, the lower court’s judgment would be affirmed. Osowik.OsowikSandusky 8/15/2025 8/15/2025 2025-Ohio-2910
In re R.M. H-24-028 & H-24-029Under R.C. 2151.28(L), where the juvenile court has failed to make the specific findings of fact and conclusions of law in support of its adjudication of dependency, the judgment must be reversed and the matter remanded to the juvenile court to make the statutorily required written findings. Osowik.OsowikHuron 8/15/2025 8/15/2025 2025-Ohio-2909
Valero v. Futrell L-24-1295Zmuda, J., writing for the majority, affirms the trial court’s judgment finding the police officers entitled to statutory immunity under R.C. Chapter 2744 based on the lack of evidence to support a finding of recklessness by the officers in the performance of their duties.ZmudaLucas 8/12/2025 8/12/2025 2025-Ohio-2843
State v. Villolovos L-24-1192Judge Duhart. Sufficiency of the Evidence. Manifest Weight.DuhartLucas 8/12/2025 8/12/2025 2025-Ohio-2844
State v. Ridener WD-24-029Judge Duhart, trial court was required to impose a prison sentence on an underlying felony as appellant was found guilty of a corresponding firearm specification.DuhartWood 8/12/2025 8/12/2025 2025-Ohio-2845
In re B. WD-24-071No probate court error in determining appellee’s written consent was required and dismissing appellant-petitioner’s petition for adoption of minor child. Judgment affirmed. OsowikOsowikWood 8/8/2025 8/8/2025 2025-Ohio-2801
Veller v. K.B. WD-24-066Duhart. Homeowner’s insurance. Car accident. Coverage.DuhartWood 8/8/2025 8/8/2025 2025-Ohio-2802
State v. Adams L-24-1234Trial court properly denied motion to suppress. The record shows that the subject traffic stop was attempted, but was not effectuated; appellant fled the attempted stop, triggering a high speed chase, followed by appellant’s abandonment of his vehicle, and flight on foot. Judgment affirmed.OsowikLucas 8/8/2025 8/8/2025 2025-Ohio-2800
Galloro v. SAR Hospitality, L.L.C. L-24-1273Duhart. Motion for default. Civ.R. 12(B)(6) motion to dismiss. Statute of limitations.DuhartLucas 8/5/2025 8/5/2025 2025-Ohio-2751
State v. Smith L-24-1097No trial court sentencing error for imposing penalty enhancement for firearm specification in addition to underlying felony and for staying the firearm destruction pending appeal. Judgment affirmed. Osowik.OsowikLucas 8/5/2025 8/5/2025 2025-Ohio-2752
Davis v. Stoykoff L-24-1281Trial court erred granting summary judgment to appellee because the probable-cause element in the negligence claim was a genuine issue of material fact to defeat summary judgment. Judgment reversed. Osowik.OsowikLucas 8/1/2025 8/1/2025 2025-Ohio-2710
State v. Holz E-24-025 & E-24-035Because the defendant failed to make an offer of proof when the trial court barred his sole witness from testifying at trial, defendant’s claim—that the trial court violated his right to a fair trial—was not preserved for appeal and could not be reviewed.OsowikLucas 8/1/2025 8/1/2025 2025-Ohio-2711
State v. Mitchell L-24-1275Zmuda, J., writing for the majority, finds that the trial court did not err in denying appellant’s petition for post-conviction relief. State did not commit Brady violation as it had provided all allegedly concealed evidence during discovery.ZmudaLucas 8/1/2025 8/1/2025 2025-Ohio-2712
State v. Morse WD-24-072Per Mayle, J., appellant failed to prove that trial court’s proportionality finding under R.C. 2929.14(C)(4) was clearly and convincingly not supported by the record, so trial court properly imposed consecutive sentences.MayleWood 8/1/2025 8/1/2025 2025-Ohio-2713
State v. Coker WD-22-054Sulek, J. Trial court was not ineffective by failing to challenge the constitutionality of the Reagan Tokes Law and defendant was not unfairly prejudiced by prosecutorial misconduct.SulekWood 7/29/2025 7/29/2025 2025-Ohio-2656
State v. Rickman WD-24-051 & WD-24-052Judge Duhart; res judicataDuhartWood 7/29/2025 7/29/2025 2025-Ohio-2657
State v. Eames L-24-1189Zmuda, J., writing for the majority, affirms the judgment, finding no error as to the trial court’s denial of merger based on finding the offenses of involuntary manslaughter and kidnapping were not allied offense of similar import, subject to merger.ZmudaLucas 7/25/2025 7/25/2025 2025-Ohio-2617
In re J.J. L-25-00046Termination of parental rights is not against the manifest weight of the evidence where father failed to substantially remedy the conditions that led to the child being removed from his care, and the juvenile court did not abuse its discretion in failing to extend agency’s temporary custody.SulekLucas 7/25/2025 7/25/2025 2025-Ohio-2618
Martin v. Toledo Clinic, Inc. L-24-1276Per Mayle, J., summary judgment reversed as to first treating orthopedist where expert’s testimony, viewed in its entirety, expressed reasonable probability that displacement of fracture was proximately caused by failure to advise patient not to bear weight. Question of fact whether patient was advised not to bear weight. Summary judgment affirmed as to second treating orthopedist. No expert testified to reasonable probability that failure to prescribe antibiotic proximately caused patient’s injuries.MayleLucas 7/25/2025 7/25/2025 2025-Ohio-2619
State v. Diebert WD-24-062Sulek, J., writing for the majority, affirms the trial court’s issuance of a civil stalking protection order.SulekLucas 7/25/2025 7/25/2025 2025-Ohio-2620
Weitzel v. Bryson/Tucker Elec., L.L.C. L-24-1114Zmuda, J., writing for the majority, affirms the trial court’s order granting summary judgment and dismissing intentional tort claim against appellant’s employer and negligence claims against general contractor and another subcontractor. No genuine issue of material fact that appellant’s employer acted with deliberate intent to injure or that general contractor and subcontractor actively participated in appellant’s work activities.ZmudaLucas 7/22/2025 7/22/2025 2025-Ohio-2577
State v. Dawes OT-24-031Duhart. Reversing judgment of sentence on grounds that trial judge improperly relied on Dawes’s refusal to give officers consent to search his cell phone.DuhartOttawa 7/22/2025 7/22/2025 2025-Ohio-2576
State v. Carter WD-24-063Sulek - Trial court’s imposition of consecutive sentences in child pornography case not clearly and convincingly unsupported by the record where defendant possessed around 10,000 images and videos including some depicting him performing sexual acts on an infant family member.SulekWood 7/18/2025 7/18/2025 2025-Ohio-2545
State v. Arnold WD-24-059Judge Zmuda, writing for the majority, affirms the judgment of the trial court, finding nothing in the record to support the claim that the defendant suffered from insanity at the time of the offenses for which the trial court entered convictions, where defendant entered a guilty plea to three charges in return for dismissal of an earlier case and 29 charges in the present case, negotiated through trial counsel after restoration to competency.ZmudaWood 7/18/2025 7/18/2025 2025-Ohio-2547
State v. Gingrich L-24-1237Trial court did not err in not merging kidnapping and involuntary manslaughter offenses; they were committed separately, with separate victims, separate harm, and thus, they were not R.C. 2941.25 allied offenses of similar import. Judgment affirmed.OsowikLucas 7/18/2025 7/18/2025 2025-Ohio-2546
Bursley v. Crisp H-25-006In a real estate tax foreclosure case, summary judgment was properly granted to the plaintiff county treasurer because she provided prima facie evidence of tax delinquency and defendant did not counter with any evidence. Real estate was subject to taxation under Ohio law. Summary judgment did not violate defendant’s due process rights.MayleLucas 7/15/2025 7/15/2025 2025-Ohio-2500
State v. Roe WD-24-044Judge Duhart, consecutive sentences, appellate court’s inability to review sentence for trial court’s compliance with R.C. 2929.11 and 2929.12.DuhartLucas 7/15/2025 7/15/2025 2025-Ohio-2501
State v. Sutton L-24-1067Duhart. Venue. Free Speech. Manifest weight of the evidence challenge.DuhartLucas 7/11/2025 7/11/2025 2025-Ohio-2469
Williams v. Chelsea Place Apts. L-24-1173Per Osowik, J., Payment of two months’ rent was consideration for Buyout Option, pursuant to which residential landlord allowed early termination of lease; it was not liquidated damages provision nor an unenforceable penalty. While landlord would have owed duty to mitigate damages owed by tenant for breach of lease agreement, by entering into Buyout Option, tenant was not entitled to offset for rent collected from new tenant.OsowikLucas 7/8/2025 7/8/2025 2025-Ohio-2417
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