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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Sheldon v. Ohio Assn. of Pub. School Emps.
| 25 CA 0985 | Complaint filed in court of common pleas alleging unfair labor practice of deducting union dues after employee withdrew from the union; dismissed on the pleadings; unfair labor practices are under exclusive jurisdiction of State Employment Relations Board ("SERB"); R.C. 4117.11; framing dispute in terms of contract law claims does not remove case from jurisdiction of SERB; Darling v. Am. Fedn. of State, Cty., & Mun. Emp., 2024-Ohio-2181 (10th Dist.); affirmed. | Waite | Carroll |
11/14/2025
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11/19/2025
| 2025-Ohio-5210 |
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Grange Indemn. Ins. Co. v. Harden
| 25 MA 0018, 25 MA 0019 | application for reconsideration; App.R. 26; no obvious error; no issue not fully considered | Per Curiam | Mahoning |
11/13/2025
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11/19/2025
| 2025-Ohio-5212 |
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State v. McCleary
| 25 MA 0028 | CRIMINAL LAW – disorderly conduct; guilty plea; no contact order; community control violation; 30-day jail sentence stayed by the trial court pending appeal; the court complied with the R.C. 2929.21 and 2929.22 statutory mandates and did not commit plain error or abuse its discretion; judgment affirmed. | Dickey | Mahoning |
11/13/2025
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11/19/2025
| 2025-Ohio-5213 |
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State v. Alexander
| 25 MA 0050 | CRIMINAL LAW – two counts of rape; 13-year-old stepdaughter; guilty plea; consecutively sentenced to an indefinite prison term; Tier III Sex Offender; the trial court considered R.C. 2929.11, 2929.12, and 2929.13, and its imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(b) is supported by the record; judgment affirmed. | Dickey | Mahoning |
11/13/2025
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11/19/2025
| 2025-Ohio-5215 |
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Carlton v. Palmer
| 25 MA 0069 | Habeas; alleged unsigned judgment entry of conviction and sentence; Civ.R. 12(B)(6) motion to dismiss; R.C. 2969.25(C); filing fee waiver requirement; R.C. 2725.04; failure to verify petition; adequate remedy at law; R.C. 2969.25(A); prior civil actions affidavit requirement; Crim.R. 32(C); final appealable order; adequate remedy at law; claim is not cognizable in habeas corpus; failure to attack jurisdiction of the sentencing court. | Per Curiam | Mahoning |
11/13/2025
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11/19/2025
| 2025-Ohio-5216 |
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In re P.M.
| 25 JE 0004 | reallocation of parental rights and responsibilities from mother to father; R.C. 3109.04; change in circumstances; best interest of the child; judicial notice of distance between residences | Hanni | Jefferson |
11/12/2025
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11/19/2025
| 2025-Ohio-5211 |
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State v. Haslam
| 24 BE 0019 | Application for reopening; App.R. 26(B); appellant violated App.R. 19 and 26(B)(3); appellate counsel need not raise every possible issue in order to render constitutionally effective assistance; appellant's eight proposed assignments of error do not present viable arguments for appeal; application denied. | Per Curiam | Belmont |
11/10/2025
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11/19/2025
| 2025-Ohio-5207 |
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State v. Linde
| 25 BE 0016 | CRIMINAL LAW – aggravated arson; aggravated menacing; jury trial; sufficiency; R.C. 2909.02(A)(1) and (2); R.C. 2903.21(A); the trial court did not err in overruling Appellant’s Crim.R. 29 motion. INEFFECTIVE ASSISTANCE OF COUNSEL – post-arrest silence; Appellant fails to show his trial counsel’s performance was deficient and that the deficient performance prejudiced the defense; judgment affirmed. | Dickey | Belmont |
11/10/2025
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11/19/2025
| 2025-Ohio-5209 |
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State v. Washington
| 22 MA 0128; 22 MA 0129 | Motion for leave to file delayed application for reopening; App.R. 26(B); untimely filed application; appellant failed to show good cause for the delay in filing the application to reopen; motion for leave denied and application dismissed. | Per Curiam | Mahoning |
11/10/2025
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11/19/2025
| 2025-Ohio-5206 |
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State v. Sykes
| 25 MA 0039 | Fourth Amendment; warrantless seizure of cell phone permissible where there is an actual threat of destruction; seizure of phone permitted under the plain view doctrine; defective search warrant did not incorporate affidavit by reference; good faith exception applied where searcher had both the warrant and affidavit and tailored search to find only the evidence sought; sufficiency of the evidence; manifest weight of the evidence; a recant is reasonably given no consideration where it is the result of pressure by a third party and is in contradiction of the credible evidence as a whole. | Waite | Mahoning |
11/7/2025
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11/19/2025
| 2025-Ohio-5214 |
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Sutherly v. Theaker
| 25 BE 0003 | Transfer on Death affidavit; res judicata; lack of authority to convey; representative capacity; de novo review; R.C. 5302.23(B); summary judgment; Civ.R. 15(A); abuse of discretion. | Robb | Belmont |
11/7/2025
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11/19/2025
| 2025-Ohio-5208 |
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Ney v. May Eng. Co., L.L.C.
| 25 BE 0018 | summary judgment; de novo; wrongful termination; breach of employment agreement; at will employment; promissory estoppel; disciplinary policy; legitimate business reason; defamation; Greeley claim. | Robb | Belmont |
11/6/2025
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11/7/2025
| 2025-Ohio-5081 |
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Barnett v. Sanders
| 25 CO 0008 | plain language of lease, early termination clause validly employed by landlord, lease provided landlord right to cause vacation with 90-day notice (and tenant had right to vacate with 30-day notice). | Robb | Columbiana |
11/5/2025
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11/5/2025
| 2025-Ohio-5033 |
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State v. Madison
| 25 MA 0037 | no ineffective assistance of counsel at sentencing as to recess; court did not err in failing to impose a remedy after defense counsel recited an argument that the state breached the plea agreement by asking for consecutive sentences instead of standing silent where the written plea said, “The State of Ohio . . . has agreed to recommend . . . Prison term”; counsel disclosed what he advised appellant, who did not want to withdraw the plea and asked the court to proceed to sentencing. | Robb | Mahoning |
11/5/2025
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11/5/2025
| 2025-Ohio-5034 |
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State v. Craig
| 25 MA 0038 | guilty plea; Illusory promise; plea agreement; bond conditions; failure to comply; contingency. | Robb | Mahoning |
11/5/2025
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11/5/2025
| 2025-Ohio-5035 |
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In re Appointment of Special Prosecutor
| 24 MA 0110 | CRIMINAL LAW - petition to appoint special prosecutor; inherent authority; conflict of interest; private citizen complaint, R.C. 2935.09; R.C. 2935.10; trial court cannot summarily dismiss a petition filed pursuant to R.C. 2935.09. | Patton | Mahoning |
11/3/2025
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11/4/2025
| 2025-Ohio-5013 |
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Stewart v. Gentile
| 24 JE 0024 | CIVIL – motions for judgment on the pleadings granted; amended complaint dismissed; absolute immunity in a judicial proceeding; litigation privilege; malicious prosecution; abuse of process; intentional infliction of emotional distress; judgment affirmed. | Dickey | Jefferson |
11/3/2025
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11/4/2025
| 2025-Ohio-5012 |
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State v. Gaffney
| 25 CO 0012 | Plea deadline; no objection; plain error, Crim.R. 52(B); polling the jury; Crim.R. 31(A), (D); R.C. 2945.171; R.C. 2945.77; motion to suppress; photo lineup, R.C. 2933.83; “administrator,” “blind or blinded administrator,” R.C. 2933.83(B)(1), R.C. 2933.83(A); “second viewing,” R.C. 2933.83(A)(6)(g); exclusionary rule; Crim.R. 41 GPS tracking warrant; motion to sever trials; abuse of discretion; joinder, Crim.R. 8(A); sever offenses, Crim.R. 14; ineffective assistance of counsel; deficient performance; prejudice; motion for new trial, Crim.R. 33; probable cause for search warrant; consecutive sentences, R.C. 2929.14(C)(4); protect the public; punish defendant; no direct evidence of serious harm or actual harm with drugs; jury instructions; R.C. 2933.82 | Hanni | Columbiana |
10/30/2025
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10/30/2025
| 2025-Ohio-4963 |
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State v. Bishop
| 25 JE 0005 | Delayed motion for leave to file motion for new trial denied by trial court; appellant did not demonstrate he was unavoidably prevented from discovering new evidence; Crim.R. 33(B); res judicata; judgment affirmed. | Waite | Jefferson |
10/29/2025
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10/29/2025
| 2025-Ohio-4948 |
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Bazmore v. PT Auto Sales
| 25 CO 0009 | Small claims; default judgment to plaintiff for value of used car; auto dealer filed motion for reconsideration because he claimed he was not served with complaint; motion for reconsideration is a nullity; record shows service was properly made under the Ohio Rules of Civil Procedure; no evidence was submitted to rebut presumption of proper service; appeal dismissed. | Waite | Columbiana |
10/27/2025
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10/28/2025
| 2025-Ohio-4921 |
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State v. Talbert
| 25 CO 0012 | Guilty plea; knowing, voluntary, intelligent; Crim. R. 11; motion to withdraw guilty plea, Crim. R. 32.1; Fish factors; abuse of discretion; consecutive sentence; R.C. 2929.41; course of conduct; great harm; clearly and convincingly contrary to law; R.C. 2929.11; R.C. 2929.12; R.C. 2929.14(C)(4) | Hanni | Columbiana |
10/27/2025
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10/28/2025
| 2025-Ohio-4922 |
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Buckeye Boy Scout Found. v. Encino Energy, L.L.C.
| 25 CA 0986 | oil and gas lease arbitration provision; motion for stay pending arbitration; American Arbitration Association (AAA) Rules; party to initiate arbitration; claimant; Fligiel v. Encino Energy, LLC, 2025-Ohio-1647 (7th Dist.); Wolfe v. Encino Energy, LLC, 2025-Ohio-1584 (7th Dist.); Johnson v. Encino Energy, LLC, 2025-Ohio-1593 (7th Dist.) | Hanni | Carroll |
10/23/2025
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10/23/2025
| 2025-Ohio-4868 |
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Girard Technologies, Inc. v. Stiles
| 25 MA 0030 | CIVIL – magistrate’s decision; bench trial; corporate assets; preponderance of the evidence; manifest weight; sufficiency; law of gifts; conversion; replevin; agency; notary public; judgment affirmed. | Dickey | Mahoning |
10/23/2025
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10/23/2025
| 2025-Ohio-4869 |
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Pagani v. Mercy Health
| 25 MA 0044 | summary judgment on complaint for medical negligence and wrongful death; Civ.R. 53(C); magistrate has authority to rule on any motion; no jury trial; magistrate allowed amendment of complaint | Hanni | Mahoning |
10/23/2025
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10/23/2025
| 2025-Ohio-4870 |
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State v. Toliver
| 25 NO 0524 | CRIMINAL LAW – illegal conveyance of drugs of abuse onto grounds of specified governmental facility (CH-PIATA, a Schedule I Substance); jury trial; 24-month prison sentence; sufficient evidence; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; no prosecutorial misconduct during closing arguments; plain error; no equal protection violation; Batson challenge; judgment affirmed. | Dickey | Noble |
10/23/2025
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10/23/2025
| 2025-Ohio-4871 |
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Hertlein v. Busic
| 25 BE 0026 | writ of procedendo; clear legal right; clear legal duty; adequate remedy at law; Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); R.C. 3127.21; inconvenient forum; interstate child custody jurisdiction; forum non conveniens; motion to transfer jurisdiction; stay of proceedings; jurisdictional determination; subject matter jurisdiction; parenting time modification; motion for contempt; Sup.R. 40(a)(3) | Per Curiam | Belmont |
10/22/2025
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10/23/2025
| 2025-Ohio-4836 |
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In re M.B.
| 25 BE 0041 | mother permanently surrendered parental rights; father-appellant was incarcerated on ten child-related felonies in another state; permanent custody to agency affirmed. | Robb | Belmont |
10/22/2025
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10/23/2025
| 2025-Ohio-4837 |
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State ex rel. Wise v. Vavra
| 25 BE 0035 | original action; mandamus; appellate mandate; resentencing rendered moot by withdrawal of revocation charges | Per Curiam | Belmont |
10/20/2025
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10/21/2025
| 2025-Ohio-4805 |
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State v. Chestnut
| 25 CO 0006 | CRIMINAL – oral motion to withdraw plea at sentencing hearing; post-sentence; manifest injustice; trial court has no obligation to examine the defendant or to help him develop his allegations; trial court has no obligation to schedule oral motion for a hearing. | Dickey | Columbiana |
10/17/2025
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10/20/2025
| 2025-Ohio-4787 |
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State v. Hamilton
| 25 MA 0026 | guilty plea; consecutive sentencing; bill of particulars; facts underlying offenses; presentence investigation report; plain error. | Robb | Mahoning |
10/17/2025
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10/23/2025
| 2025-Ohio-4838 |
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In re R.W.
| 25 CO 0023 | CIVIL – termination of parental rights; best interest of the child; R.C. 2151.414(B)(1)(d); credibility. | Dickey | Columbiana |
10/16/2025
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10/16/2025
| 2025-Ohio-4766 |
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In re Adoption of W.E.B.
| 25 CA 0987 | Adoption petition alleged natural father's consent was not needed due to de minimis contact; R.C. 3107.07(A); father claimed justification for lack of contact due to interference of mother; mother temporarily blocked his cell phone number, moved to a new address, and ended voluntary visitation under grandparents supervision; he claimed fear of arrest if he tried to contact children; mother's actions were not significant interference with father's ability to contact children; father's alcoholism and violent behavior were contributing factors; no basis for father's fear of arrest; father had no contact with children for over two years with no justifiable cause; judgment affirmed. | Waite | Carroll |
10/16/2025
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10/16/2025
| 2025-Ohio-4764 |
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Rutan v. Kelly
| 25 CO 0005 | Brother and sister complaint in common pleas court alleging intentional interference with expectancy of inheritance, fraud, conversion, undue influence and other torts against siblings; all counts alleged underlying fraud regarding family business; plaintiffs aware of the fraud from the 1990s until 2014; court held the statute of limitations for fraud applied; discovery rule did not preserve claims; ripeness and standing raised for the first time on appeal and are waived; counts eight and nine contingent on success of the first seven counts and are moot; summary judgment affirmed. | Waite | Columbiana |
10/10/2025
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10/16/2025
| 2025-Ohio-4765 |
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State v. Harris
| 25 BE 0022 | CRIMINAL – pandering obscenity; R.C. 2907.32(A)(5); single download; allied offense of similar import; plain error; consecutive sentences. | Dickey | Belmont |
10/8/2025
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10/9/2025
| 2025-Ohio-4664 |
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In re L.M.
| 25 BE 0025 | CIVIL – termination of parental rights; R.C. 2151.414(E)(2); unable to provide an adequate permanent home at the present time and, as anticipated, within one year after the permanent custody hearing; best interest of the child; ineffective assistance; continuance of permanent custody hearing. | Dickey | Belmont |
10/7/2025
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10/8/2025
| 2025-Ohio-4653 |
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State v. Russell
| 25 NO 0523 | Counsel withdrew motion for a competency evaluation based on finding of competence by a different court; evaluation completed by the same evaluator the instant court typically employs and was completed in the same general time period; court appropriately accepts request to withdraw after it investigates the prior findings and current understanding of the matter by Appellant. | Waite | Noble |
10/7/2025
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10/8/2025
| 2025-Ohio-4654 |
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State v. Bruno
| 25 MA 0016 | Ineffective assistance of counsel; not guilty by reason of insanity plea, R.C. 2945.71; court-ordered sanity evaluation not performed; guilty plea implies sanity; thorough plea colloquy | Hanni | Mahoning |
10/3/2025
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10/6/2025
| 2025-Ohio-4618 |
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State v. Runion
| 25 MA 0027 | Sex offender change of address, R.C. 2950.05(F)(2); notice of a change of address, 2950.05(F)(1)(a); fixed residence address, R.C. 2950.01(AA) does not include temporary address; notification when away from residence for 7 or more days, 28 C.F.R. 72.6(c)(2); Sex Offender Registration and Notification Act ("SORNA") registration requirements, 28 C.F.R. 72.6; insufficient evidence; confession of error | Hanni | Mahoning |
10/3/2025
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10/6/2025
| 2025-Ohio-4619 |
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SAI Hospitality, Inc. v. RCVV, Inc.
| 25 JE 0003 | Summary judgment, Civ. R. 56; initial burden on summary judgment; reciprocal burden on summary judgment; lack of time deadline in contract; reasonable time inferred; unreasonable time delay cause be a matter of law; unexcused significant delay | Hanni | Jefferson |
10/2/2025
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10/2/2025
| 2025-Ohio-4596 |
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Grange Indemn. Ins. Co. v. Harden
| 25 MA 0018 & 25 MA 0019 | declaratory judgment in favor of insurance company; misrepresentation by policy owner did not void coverage otherwise owed to insured; trial court failed to make factual findings necessary | Hanni | Mahoning |
10/1/2025
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10/1/2025
| 2025-Ohio-4579 |
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Abrahamson v. Dept. of Commerce, Div. of Real Estate & Professional Licensing
| 25 MA 0022 | CIVIL – administrative appeal; abuse of discretion; R.C. 4763.11; Ohio Real Estate Appraiser’s Board; failure to provide copies of records; failure to response to subpoena; subpoena; inexcusable neglect; imputed to client; failure to file appellate brief; abandonment by trial counsel. | Dickey | Mahoning |
10/1/2025
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10/2/2025
| 2025-Ohio-4581 |
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State v. Smith
| 24 BE 0058 | CRIMINAL LAW – possession of a fentanyl-related compound; aggravated possession of drugs (methamphetamine); bench trial; consecutively sentenced to a total aggregate prison term of 15 to 20 and one-half years; convictions are supported by the manifest weight of the evidence; the trial court considered R.C. 2929.11, 2929.12, and 2929.13, and its imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(b) and (c) is supported by the record; judgment affirmed. | Dickey | Belmont |
9/30/2025
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10/1/2025
| 2025-Ohio-4578 |
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State v. E.T.
| 24 MA 0093 | Application for reopening; App.R. 26(B)(5); ineffective assistance of appellate counsel; manifest weight of the evidence; serious youthful offender. | Per Curiam | Mahoning |
9/23/2025
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9/24/2025
| 2025-Ohio-4456 |
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State v. Schneider
| 25 MA 0014 | guilty plea to six sexual offenses involving six different children and receiving a jointly recommended total sentence of 18 years; defendant claims plea was not knowingly, voluntarily, and intelligently entered and he received ineffective assistance of counsel because at the initial hearing, the court, his attorney, and the state misadvised him on the maximum penalty; they believed indefinite sentencing under Reagan-Tokes was applicable to three offenses; within hours of the hearing and before any judgment was rendered, they realized only one count could invoke this type of sentencing (as only one count had a date range extending after the statute’s effective date); the day after the initial hearing, plea discussions were resumed, the written plea agreement was amended, the hearing was reopened, and the court adopted the agreed sentence. | Robb | Mahoning |
9/17/2025
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9/17/2025
| 2025-Ohio-4366 |
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State v. Friend
| 24 BE 0055 | manifest weight of the evidence; sufficiency of the evidence; speedy trial; hostile witness; consecutive sentence findings affirmed but sentence modified where trial court erred in labeling all four prison terms mandatory as only the first prison term was mandatory as conceded by state. | Robb | Belmont |
9/10/2025
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9/11/2025
| 2025-Ohio-3270 |
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State v. Hlinovsky
| 25 BE 0010 | Challenge to whether guilty plea was made knowingly and intelligently; one nonconstitutional provision of Crim.R. 11(C)(2)(a) is a requirement to insure defendant has an understanding of the nature of the charges; defendant commented during allocution he was dissatisfied with conviction for failure to appear because he was hospitalized at the time; defendant's dissatisfaction with criminal does not show lack of understanding of the nature of the charge; failure to make R.C. 2929.14(C)(4) consecutive sentence findings; defendant cannot appeal consecutive sentence that is part of an agreed sentence; R.C. 2953.08(D)(1); judgment affirmed. | Waite | Belmont |
9/10/2025
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9/12/2025
| 2025-Ohio-3299 |
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State v. Gentile
| 25 BE 0009 | Speedy trial; R.C. 2941.401; a guilty plea waives both a statutory and constitutional challenge to an alleged speedy trial violation. | Waite | Belmont |
9/9/2025
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9/10/2025
| 2025-Ohio-3267 |
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State v. Spencer
| 25 MA 0012 | Convictions for gross sexual imposition; competency of child witness; Evid.R. 601; R.C. 2317.01; sufficiency of the evidence; manifest weight of the evidence; Megan's Law; challenge to the enhancement of sexual offender classification by referencing a prior conviction that occurred before the effective date of the Adam Walsh Act; judgment affirmed. | Waite | Mahoning |
9/8/2025
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9/10/2025
| 2025-Ohio-3268 |
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Benson v. Harrison's Home Improvement
| 25 MA 0001 | manifest weight standard of review; burden to secure transcript to support arguments on appeal; Civ.R. 53(D); magistrate’s decisions. | Robb | Mahoning |
9/8/2025
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9/11/2025
| 2025-Ohio-3272 |
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1803 Resources, L.L.C. v. Lineback
| 24 MO 0019, 24 MO 0023 | Extinguishment under the Marketable Title Act ("MTA"); abandonment; savings event; severed mineral rights; root of title; Blackstone v. Moore, 2018-Ohio-4959; plain language of the writing; question of law; title transaction; champerty and maintenance; summary judgment. | Robb | Monroe |
9/5/2025
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9/11/2025
| 2025-Ohio-3271 |
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