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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Adams
| 23 MA 0086 | remedy for juror partiality; actual bias; Remmer hearing; Remmer v. United States, 347 U.S. 227, 74 S.Ct. 450 (1954); judge’s credibility determinations by are entitled to deference; trial courts have broad discretion in admitting or excluding expert testimony. | Robb | Mahoning |
6/27/2024
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6/28/2024
| 2024-Ohio-2487 |
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Wolfe v. Bounty Minerals, L.L.C.
| 23 HA 0005 | MTA, R.C. 5301.48, R.C. 5301.49; root of title; incorporation by reference; Blackstone test; general reference; specific reference | Hanni | Harrison |
6/27/2024
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6/27/2024
| 2024-Ohio-2460 |
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State v. Wise
| 23 BE 0028 | advised of a sentencing range, not a specific term faced for a community control violation; State v. Brooks, 103 Ohio St.3d 134; reverse and remand; prison term is not an option on remand. | Robb | Belmont |
6/26/2024
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6/27/2024
| 2024-Ohio-2465 |
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State v. Herbert
| 23 JE 0001 | CRIMINAL – Appellate Rule 26(B) application overruled where Appellant relies on evidence outside the record and insufficient evidence in the record to demonstrate the alleged deficient performance of appellate counsel. Further, Appellant’s failure to include a transcript of the hearing on his request for new trial counsel is fatal to his constitutional challenge as we must presume the regularity of the proceedings in the absence of a transcript. | Per Curiam | Jefferson |
6/26/2024
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6/27/2024
| 2024-Ohio-2459 |
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State v. Lopez
| 23 MA 0123 | CRIMINAL - Reasonable suspicion to conduct field sobriety test and probable cause to arrest underage driver for operating a vehicle after underage alcohol consumption established based on arresting officer’s reliance on more subtle evidence of drinking and evidence of only slight impairment of performance when the driver is under the age of twenty-one. | Dickey | Mahoning |
6/21/2024
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6/24/2024
| 2024-Ohio-2394 |
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J.S. v. Conkle
| 23 MA 0108 | CIVIL – the trial court overruled Appellant’s objections and adopted a magistrate’s decision granting Appellee’s Petition for a Civil Stalking Protection Order (“CSPO”); abuse of discretion; manifest weight of the evidence; the CSPO was filed in accordance with R.C. 2903.214; R.C. 2903.211(A)(1) and (2)(a)(b); “knowingly”; R.C. 2901.22(B); “pattern of conduct”; R.C. 2903.211(D)(1); “physical harm”; R.C. 2901.01(A)(3); “mental distress”; R.C. 2903.211(D)(2); given the deference we must afford the trial court’s judgment, as well as its credibility determinations when presented with any conflicting testimony, the trial court committed no error, based on the evidence presented, including Appellee’s exhibits, in granting Appellee’s Petition for a CSPO against Appellant; judgment affirmed. | Dickey | Mahoning |
6/17/2024
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6/18/2024
| 2024-Ohio-2330 |
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State v. Reese
| 23 MA 0130 | POST CONVICTION RELIEF – pro se petition; timely filed; dismissed without a hearing; the trial court failed to make findings of fact and conclusions of law as required by R.C. 2953.21; the State confesses judgment in favor of Appellant with respect to this issue; the trial court shall address Appellant’s appointed counsel issue; remaining assignments are moot; App.R. 12(A)(1)(c); judgment reversed and remanded. | Dickey | Mahoning |
6/17/2024
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6/18/2024
| 2024-Ohio-2331 |
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Fox v. Fergus Capital, L.L.C.
| 23 MA 0083 | application of contract is a matter of law; de novo review; deposition testimony used at trial; Civ.R.32(A); impeachment; evidentiary objection not raised at trail; waived; condition precedent; burden; good faith efforts to satisfy contractual conditions excusing performance. | Robb | Mahoning |
6/12/2024
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6/13/2024
| 2024-Ohio-2255 |
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Harsha v. Harsha
| 23 CO 0047 | motion to terminate the shared parenting plan overruled; modification of child support order; R.C. 3109.04(F)(1) best interest factors; Civ.R. 53(D)(4)(d) independent review; court may consider matters of record; R.C. 3109.04(B); no access to in-camera interview transcript; child can testify as witness; Evid.R. 601(A); Mother child support oblige; R.C. 3119.22; child support deviation for extended parenting time; tax returns and business receipts evidence of income | Hanni | Columbiana |
6/6/2024
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6/6/2024
| 2024-Ohio-2177 |
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State v. Knight
| 22 MA 0102 | Jury misconduct; Remmer hearing; Crim. R. 33; abuse of discretion; Brady violations; Crim. R. 16; discovery sanctions; cumulative error; expert testimony; Evid. R. 702; ineffective assistance of counsel; Crim. R. 22, failure to record sidebars; manifest weight of the evidence | Hanni | Mahoning |
6/6/2024
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6/6/2024
| 2024-Ohio-2176 |
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Pelletier v. Mercy Health Youngstown, L.L.C.
| 21 MA 0110 | wrongful death claim; survivorship claim; statute of repose; R.C. 2305.113(C); Everhart v. Coshocton Cty. Mem. Hosp., 2023-Ohio-4670; Wilson v. Durrani, 164 Ohio St.3d 419, 2020-Ohio-6827, 173 N.E.3d 448; R.C. 2305.15(A) tolling provision | Hanni | Mahoning |
6/4/2024
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6/4/2024
| 2024-Ohio-2131 |
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Cardinal Minerals, L.L.C. v. Miller
| 23 MO 0018 | CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas case; Dormant Mineral Act; Marketable Title Act; Appellant had full knowledge that the Pfalzgraf Interest was abandoned; Appellant sought out the Pfalzgraf Heirs for the sole purpose of pursuing litigation against Appellees; standing; quitclaim deeds; R.C. 5301.56(H)(2)(c); Doctrines of Champerty and Maintenance; assignment of rights to a lawsuit are void; the record supports the trial court’s finding that only the Pfalzgraf Heirs had standing and thus, Appellant lacks standing to pursue its claims; judgment affirmed. | Dickey | Monroe |
6/4/2024
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6/4/2024
| 2024-Ohio-2133 |
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State v. Tinsley
| 23 CO 0050 | CRIMINAL LAW – felonious assault; failure to comply with an order or signal of a police officer; aggravated possession of drugs; possession of cocaine; OVI; guilty plea; indefinite prison term; R.C. 2953.08(G); no sentencing error; pursuant to R.C. 2929.14(A)(1)(a) and (2)(a), the trial court imposed a stated minimum term and a maximum term for each qualifying felony offense under R.C. 2929.144 and complied with the statutory requirements in imposing indefinite sentences on the concurrent counts; Appellant’s sentence is not contrary to law; judgment affirmed. | Dickey | Columbiana |
6/4/2024
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6/5/2024
| 2024-Ohio-2157 |
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State v. Bishop
| 23 JE 0015, 23 JE 0016 | CRIMINAL LAW – 2018 burglary conviction; multiple filings and appeals; at issue are 18 pro se motions/requests. RES JUDICATA - all of Appellant’s current arguments have either been resolved, are moot, are untimely, or are matters that should have been (or were) raised on direct appeal or in prior post-judgment motions; there is nothing that warrants additional review by this court; judgment affirmed. | Dickey | Jefferson |
6/4/2024
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6/5/2024
| 2024-Ohio-2158 |
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State v. Gaito
| 23 BE 0039 | Civ. R. 29; sufficiency of the evidence; R.C. 2917.13 misconduct at an emergency; “hamper;” “emergency;” more than just words | Hanni | Belmont |
6/4/2024
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6/4/2024
| 2024-Ohio-2132 |
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Williams v. Edgell
| 23 CO 0013 | CIVIL – No abuse of discretion occurs in a breach of contract case, based on failure to construct pole barn in a workmanlike manner, where there exist compelling evidence, if believed, that construction project contained many structural defects. Unjust enrichment claim cannot survive when predicated upon the same damages as breach of contract claim, where parties entered into an express agreement. | Dickey | Columbiana |
6/3/2024
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6/4/2024
| 2024-Ohio-2129 |
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State v. Carter
| 23 MA 0092 | CRIMINAL LAW - assault; jury trial; sufficiency; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight of the evidence; the jury did not clearly lose its way in finding Appellant guilty. INEFFECTIVE ASSISTANCE OF COUNSEL – the record reveals no error amounting to ineffective assistance in trial counsel’s selection with respect to any of the jurors, particularly Juror 39; the playing of a video was part of trial strategy; Appellant fails to show his trial counsel’s performance was deficient and that the deficient performance prejudiced the defense; judgment affirmed. | Dickey | Mahoning |
5/31/2024
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6/4/2024
| 2024-Ohio-2130 |
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Gutierrez v. Gray
| 23 BE 0037 | habeas corpus; res judicata; maximum penalty not yet served; R.C. 2925.50; double jeopardy | Per Curiam | Belmont |
5/31/2024
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6/4/2024
| 2024-Ohio-2128 |
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State v. Byrd
| 23 MA 0029 | CRIMINAL – Evidence of prior calculation and design survives sufficiency and manifest weight challenges where Appellant employs getaway car parked out of range of surveillance cameras at the scene of the crime and has clear opportunity to deliberate before shooting the victim. Claims of ineffective assistance of counsel predicated upon evidence outside the record will not be considered on direct appeal. Failure to request instruction of lesser-included offense may constitute trial strategy. Flight instruction vests sole discretion in jury to consider the alleged evidence in determining guilt. | Dickey | Mahoning |
5/30/2024
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6/4/2024
| 2024-Ohio-2134 |
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State v. Reese
| 14 MA 0116 | motion or leave to file untimely application for reconsideration; App.R. 14(B); no extraordinary circumstances | Per Curiam | Mahoning |
5/24/2024
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5/24/2024
| 2024-Ohio-2013 |
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State v. Tataseo
| 23 CO 0030 | CRIMINAL – Evidence of alleged previous criminal activity involving the victim constitute other acts evidence, but was offered to establish Appellant’s motive to murder the victim. Compelling evidence in addition to the other acts evidence contravened Appellant’s argument that the outcome of the trial would have been different but for the admission of other acts evidence and the trial court’s failure to provide a limiting instruction. Manifest weight of the evidence, which included falsehoods told to investigators by Appellant, supported Appellant’s convictions for murder. | Dickey | Columbiana |
5/24/2024
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5/28/2024
| 2024-Ohio-2021 |
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State v. Herns
| 23 MA 0055 | CRIMINAL – Application for reconsideration fails where it is untimely filed, and in the alternative, where Appellant fails to demonstrate an obvious error in the Court’s decision or raise an issue that was either not at all or not fully considered. | Per Curiam | Mahoning |
5/24/2024
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5/28/2024
| 2024-Ohio-2023 |
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State v. Shaw
| 23 CO 0045 | CRIMINAL – Reasonable suspicion for traffic stop is established where officer, acting on anonymous tip that a truck driver is asleep behind the wheel at a traffic signal, observes truck driver at the designated intersection with a woman standing at the driver’s side window of the truck. Rules of evidence do not apply at a suppression hearing. | Dickey | Columbiana |
5/24/2024
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5/28/2024
| 2024-Ohio-2022 |
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State v. Alvendia
| 23 BE 0044 | possession of a fentanyl-related compound; possession of drugs; guilty plea; intervention in lieu of conviction; counts committed three months apart did not merge; counsel was not ineffective; Crim.R. 11(C)(2); R.C. 2951.04(F) | Hanni | Belmont |
5/24/2024
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5/24/2024
| 2024-Ohio-2012 |
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Lysogorski v. Minerva Motors, L.L.C.
| 23 CA 0964 | small claims complaint; sale of vehicle “as is”; plaintiff aware there was no warranty; judgment not against manifest weight of the evidence | Hanni | Carroll |
5/20/2024
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5/20/2024
| 2024-Ohio-1943 |
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State v. Richardson
| 22 MA 0136 | Application for reopening; App.R. 26(B); ex post facto law; penalty enhancement; no genuine issue as to whether applicant was denied effective assistance of appellate counsel. | Per Curiam | Mahoning |
5/16/2024
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5/23/2024
| 2024-Ohio-1995 |
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State v. Porter
| 23 BE 0049 | rape conviction; motion to dismiss actually second postconviction petition; petition untimely; res judicata barred claim | Hanni | Belmont |
5/14/2024
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5/14/2024
| 2024-Ohio-1868 |
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State v. Woodley
| 2023-CO-48 | Moot appeal; serving entirety of sentence; no collateral disability; misdemeanor; failure to seek a stay of sentence. | King | Columbiana |
5/14/2024
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5/14/2024
| 2024-Ohio-1867 |
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State v. Hole
| 23 CA 0968 | CRIMINAL – No abuse of discretion occurs where municipal court imposes a 180-day sentence (90 days suspended) for a violation of R.C. 4301.69(A). Furnishing alcohol to a minor involves a vulnerable victim, Appellant had a history of assuming roles of authority over minors, and he was acquitted of sexual imposition involving the same victim due to lack of corroboration. | Dickey | Carroll |
5/9/2024
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5/10/2024
| 2024-Ohio-1811 |
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Pagani v. Krichbaum
| 24 MA 0031 | writ of prohibition; clear and convincing evidence; inferior tribunal patently and unambiguously lacks jurisdiction; motion to dismiss; Civ.R. 53(C)(1)(c); magistrates are authorized to preside over the trial of any case that will be tried to a jury upon unanimous written consent of the parties; subject-matter jurisdiction; direct appeal as adequate remedy in the ordinary course of the law; pro hac vice; writ denied | Per Curiam | Mahoning |
5/9/2024
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5/10/2024
| 2024-Ohio-1810 |
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State v. Roberts
| 23 BE 0031 | aggravated possession of drugs; no ineffective assistance of counsel; trial court made statutorily-required consecutive sentencing findings | Hanni | Belmont |
5/3/2024
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5/8/2024
| 2024-Ohio-1772 |
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In re P.M.K.
| 24 MA 0019 | upholding probate court’s denial of adoption petition filed by custodial maternal grandparents; petition contested by mother; R.C. 3107.161 burdens, best interest factors, and least detrimental available alternative. | Robb | Mahoning |
5/2/2024
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5/8/2024
| 2024-Ohio-1770 |
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State v. Easterly
| 23 MA 0044 | REOPENING – App.R. 26(B); ineffective assistance of appellate counsel; untimely pro se application to reopen direct appeal; Appellant’s application was not filed within the 90-day time requirement pursuant to App.R. 26(B)(1) and (2)(b); Appellant fails to establish good cause for the delay; even assuming that Appellant had complied with the requirements of App.R. 26(B)(1) and (2)(b), he fails to meet the standard for reopening this appeal pursuant to Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052 (1984); Appellant fails to establish that he was denied the effective assistance of counsel on appeal; application denied. | Per Curiam | Mahoning |
5/2/2024
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5/8/2024
| 2024-Ohio-1771 |
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State v. Adams
| 13 MA 0130 | App.R. 26; application for reopening; timeliness; good cause; lengthy delay; reliance on attorney as to time for filing | Per Curiam | Mahoning |
4/26/2024
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4/29/2024
| 2024-Ohio-1630 |
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Valentine v. Stephen
| 23 JE 0022 | limited liability company members; no pro se representation by LLC members on appeal;separate entity; standing; R.C. 1925.17, small claims | Hanni | Jefferson |
4/26/2024
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4/29/2024
| 2024-Ohio-1631 |
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Patterson v. D'Apolito
| 24 MA 0021 | mandamus; Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted; peremptory writ of mandamus; R.C. 2731.04 procedural requirements; failure to caption her petition in the name of the state on the relation of the person applying; scope of authority under R.C. 2731.03; negligence; breach of duty; constitutional violations; intentional infliction of emotional distress; breach of contract; discovery requests; statute of limitations; political subdivision immunity under R.C. Chapter 2744; summary judgment; default judgment; sui juris; fraudulent concealment; continuing violations; motion for leave to file; judicial discretion; R.C. 2731.05; adequate remedy in the ordinary course of the law | Per Curiam | Mahoning |
4/26/2024
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4/29/2024
| 2024-Ohio-1632 |
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Hyden v. Anderson
| 23 MA 0087 | plaintiff sought residual diminution in value of vehicle after collision repairs were paid by defendant; recovery capped at primary measure of damages, which is fair market value immediately before injury minus the fair market value immediately after injury; post-repair value is not a substitute for pre-repair value. | Robb | Mahoning |
4/22/2024
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4/25/2024
| 2024-Ohio-1578 |
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Crockett Homes, Inc. v. Tracy
| 23 CA 0966 | breach of contract; unjust enrichment; summary judgment; home construction; issues of fact; conversion; self-serving affidavit; App.R. 16(A)(7); appellant’s burden. | Robb | Carroll |
4/17/2024
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4/18/2024
| 2024-Ohio-1464 |
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Toronto City Schools Bd. of Edn. v. Ascent Resources Utica, L.L.C.
| 23 JE 0002 | Civ.R. 56; law-of-the-case doctrine; prevention of performance; condition precedent; failure to follow remand order; Evid.R. 801(d)(2) | Hanni | Jefferson |
4/16/2024
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4/16/2024
| 2024-Ohio-1436 |
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Reese v. Sweeney
| 23 MA 0099 | mandamus; R.C. 2969.25 procedural inmate-filing requirements; prior-civil-actions affidavit; R.C. 2969.25(A); court cost deposit; R.C. 2969.25(C) | Per Curiam | Mahoning |
4/16/2024
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4/18/2024
| 2024-Ohio-1466 |
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Shadyside v. Givens
| 23 BE 0035 | vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal. | Robb | Belmont |
4/15/2024
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4/18/2024
| 2024-Ohio-1463 |
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State v. Minor
| 23 CO 0027 | sex offenses against child; authentication of video of the child interview at the hospital; confrontation clause applies to only testimonial evidence generated with a primary purpose of investigation instead of medical diagnosis or treatment, but out of court statements were not precluded where child testified at trial. | Robb | Columbiana |
4/15/2024
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4/18/2024
| 2024-Ohio-1465 |
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State ex rel. Ruble v. Switzerland of Ohio Local School Dist. Bd. of Edn.
| 22 MO 0003 | Original action; writ of mandamus; summary judgment; R.C. 3319.171; R.C. 3319.17; school administrative personnel suspension policy; suspension procedures; right of restoration. | Per Curiam | Monroe |
4/11/2024
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4/22/2024
| 2024-Ohio-1542 |
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Kaine v. Kaine
| 23 JE 0008 | Civ.R. 60(A) is not a proper mechanism to challenge an alleged clerical error within an appellate Opinion, entry, or order. | Per Curiam | Jefferson |
4/5/2024
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4/24/2024
| 2024-Ohio-1573 |
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Shadyside v. Givens
| 23 BE 0036 | vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal. | Robb | Belmont |
4/3/2024
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4/5/2024
| 2024-Ohio-1299 |
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Stiles v. Bugno
| 23 MA 0039 | breach of oral agreement; statute of frauds; “not to be performed within one year”; compliance with local rules; prejudice. | Robb | Mahoning |
3/28/2024
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4/3/2024
| 2024-Ohio-1262 |
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State v. Wilson
| 23 MO 0012 | guilty plea to two counts of murder; trial court complied with Crim.R. 11(C)(2) in advising Appellant; plea entered knowingly, voluntarily, intelligently | Hanni | Monroe |
3/28/2024
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3/29/2024
| 2024-Ohio-1193 |
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State v. Orrell
| 23 CO 0028 | Evid. R. 404(B), other acts evidence; exceptions to admission of other acts evidence; no contest plea; motion in limine on appeal; functional equivalent; drug possession, R.C. 2925.11(A); constructive possession | Hanni | Columbiana |
3/28/2024
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3/29/2024
| 2024-Ohio-1194 |
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State v. Brady
| 23 JE 0003 | child endangering verdict after jury trial; sufficiency and weight of the evidence. | Robb | Jefferson |
3/27/2024
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3/28/2024
| 2024-Ohio-1169 |
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State v. Barnette
| 23 MA 0089 | R.C. 149.43(B); public record request; burden on applicant to show “justiciable claim;” Application for DNA testing; considering only evidence from the trial is error; Appellant had burden to show there was no prior definitive DNA test; R.C. 2953.71(U); trial court was required to reject the application; R.C. 2953.74(A). | Robb | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1172 |
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