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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. James
| 24 MA 0026 | sufficiency and weight of evidence; possession of gun; court failed to make consecutive sentence findings before running this sentence consecutive to sentence already being served in another Ohio case. | Robb | Mahoning |
9/13/2024
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9/18/2024
| 2024-Ohio-4567 |
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State v. Knight
| 22 MA 0102 | App.R. 26(A)(1), obvious error; fully considered; discovery sanctions | Per Curiam | Mahoning |
9/11/2024
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9/16/2024
| 2024-Ohio-4518 |
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EAP Ohio, L.L.C. v. Sunnydale Farms, L.L.C.
| 24 CA 0974, 24 CA 0975 | oil and gas lease; royalty provision; plain language of the agreement; ambiguous; extrinsic evidence; trier of fact; trial court cannot weigh evidence or analyze conflicting definitions of contract terms without encroaching on factfinder’s role. | Robb | Carroll |
9/11/2024
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9/16/2024
| 2024-Ohio-4522 |
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State v. Richard
| 23 MA 0133 | no trial court error or ineffective assistance of counsel at murder plea on topics of appellate rights, the meaning of reasonable doubt, and a question on threat or coercion. | Robb | Mahoning |
9/11/2024
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9/16/2024
| 2024-Ohio-4521 |
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State v. Miller
| 23 MA 0117 | manifest weight of the evidence; trier of fact; constructive possession; character evidence; Evid.R. 403(B); unfair prejudice. | Robb | Mahoning |
9/11/2024
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9/16/2024
| 2024-Ohio-4520 |
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State v. Koffel
| 23 CO 0046 | affirming denial of motion to suppress evidence discovered when defendant was arrested on municipal court warrant; good faith exception to exclusionary rule; arresting officer’s reliance on warrant was objectively reasonable. | Robb | Columbiana |
9/10/2024
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9/16/2024
| 2024-Ohio-4519 |
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Pelletier v. Mercy Health Youngstown, L.L.C.
| 21 MA 0110 | application for reconsideration; App.R. 26; R.C. 2305.15(A)(1) | Per Curiam | Mahoning |
9/3/2024
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9/4/2024
| 2024-Ohio-3397 |
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Slepski v. Borton
| 24 MA 0011 | motion to increase child support; imputed income based on testimony; R.C. 3119.01(a)(20); self-generated income; objection to magistrate’s decision; court’s authority to modify absent error; contempt; purge hearing; Juv.R. 40(D)(3)(b); plain error. | Robb | Mahoning |
8/29/2024
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9/3/2024
| 2024-Ohio-3381 |
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State v. Moore
| 24 MA 0004 | R.C. 2929.19(B), post-release control; court duty to inform of post-release control; repeat violent offender, R.C. 2929.14(B)(2), maximum consecutive sentence for repeat violent offender specification; court required findings; R.C. 2929.12; recidivism | Hanni | Mahoning |
8/23/2024
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8/27/2024
| 2024-Ohio-3256 |
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Martin v. Taylor
| 24 NO 0514 | RECONSIDERATION – App.R. 26(A); the record establishes this court did not make any obvious errors or render a decision that is not supported by the law; the trial court committed no error in granting Appellees’ motion for summary judgment and denying Appellant’s motion for summary judgment; Appellant’s $1,400 EIP3 payment under ARPA is not exempt from garnishment to pay court costs; upon consideration of the App.R. 26(A) application, Appellant has not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law; pro se application denied. | Per Curiam | Noble |
8/21/2024
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8/22/2024
| 2024-Ohio-3207 |
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State v. Thompson
| 23 NO 0513 | CRIMINAL – Trial court does not abuse its discretion when discrediting affidavit filed in support of a postconviction petition where trial court tried the criminal case, the affiant is an immediate family member, and the averments in the affidavit directly contradict photographic evidence in the record. Appellant did not establish substantive grounds for relief based on ineffective assistance where he failed to establish defense counsel’s investigation of evidence, and could not demonstrate prejudice due to other evidence in the record at odds with his testimony at trial. Appellant did not establish substantive grounds for relief based on ineffective assistance where he failed to establish defense counsel’s investigation of his mental health records, which were not offered at trial. A postconviction petitioner has no right to discovery and Appellant failed to argue any extraordinary circumstance establishing that injustice resulted from the trial court’s denial of his motion for discovery. | Dickey | Noble |
8/21/2024
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8/22/2024
| 2024-Ohio-3206 |
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State v. Keirns
| 23 CO 0053 | compelling prostitution; possessing criminal tools; no ineffective assistance of counsel; no showing of prejudice | Hanni | Columbiana |
8/20/2024
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8/21/2024
| 2024-Ohio-3177 |
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State v. Williams
| 24 MA 0002 | R.C. 2929.14(C); consecutive sentencing; felony sentence standard of review; R.C. 2929.11; R.C. 2929.12 | Hanni | Mahoning |
8/20/2024
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8/21/2024
| 2024-Ohio-3180 |
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State v. Walters
| 24 HA 0001 | motion for leave to file a motion to suppress evidence and motion in limine; no abuse of discretion in granting motion; Crim.R. 12(D); Traf.R. 11(C); Crim. 12 (H); Traf.R. 11(F) | Hanni | Harrison |
8/20/2024
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8/21/2024
| 2024-Ohio-3179 |
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Myers v. Vandermark
| 23 HA 0007 | motion to dismiss; standing; prior litigation; Dormant Mineral Act; Marketable Title Act; res judicata; record evidence; justiciable. | Robb | Harrison |
8/20/2024
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8/22/2024
| 2024-Ohio-3205 |
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State v. Borsos
| 23 BE 0048 | jury verdict of failure to comply with signal of police officer was not against manifest weight of the evidence; evidence on identity of vehicle and driver; mental state; operation of the vehicle caused a substantial risk of serious physical harm to persons or property for penalty enhancer. | Robb | Belmont |
8/16/2024
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8/22/2024
| 2024-Ohio-3204 |
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State v. Adams
| 23 MA 0086 | application for reconsideration; no obvious error; App.R. 26(A)(1). | Per Curiam | Mahoning |
8/15/2024
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8/16/2024
| 2024-Ohio-3120 |
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Gustafson v. Damschroder
| 23 CO 0051 | not entitled to extension of benefits in the form of Pandemic Emergency Unemployment Compensation (PEUC); pursuant to federal law, PEUC was not available unless claimant exhausted regular compensation in paying state (Ohio) and had no right to regular unemployment in this or any other state (Pennsylvania). | Robb | Columbiana |
8/15/2024
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8/16/2024
| 2024-Ohio-3119 |
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State ex rel. Whitacre v. N.E. Mud Servs. Co.
| 23 MO 0020 | Mandamus; defective complaint; Civ.R. 10(A); failure to include party’s address; failure to state a claim. | Per Curiam | Monroe |
8/14/2024
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8/21/2024
| 2024-Ohio-3178 |
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Duncan v. Duncan
| 23 CO 0052 | objections to magistrate’s decision terminating shared parenting; dismissal of objections due to failure to request transcript by court-imposed deadline was unreasonable under the circumstances | Hanni | Columbiana |
8/14/2024
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8/14/2024
| 2024-Ohio-3086 |
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Prey v. Franciscan Univ. of Steubenville
| 24 JE 0004 | CIVIL – Pursuant to the ecclesiastical abstention doctrine, trial court cannot exercise subject matter jurisdiction over otherwise secular state law claims where sole evidence offered in support of those claims requires the interpretation of religious doctrine. | Dickey | Jefferson |
8/13/2024
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8/14/2024
| 2024-Ohio-3087 |
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Cardinal Minerals, L.L.C. v. Miller
| 23 MO 0022 | Marketable Title Act; Dormant Mineral Act; standing; preservation of mineral rights; abandonment; summary judgment; moot. | Robb | Monroe |
8/13/2024
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8/16/2024
| 2024-Ohio-3121 |
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State v. Travers
| 23 CO 0037 | aggravated murder; trial counsel not ineffective; no speedy trial violation; continuance reasonable due to unavailability of state’s witness | Hanni | Columbiana |
8/13/2024
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8/13/2024
| 2024-Ohio-3076 |
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State v. Wiebe
| 23 CO 0024; 23 CO 0025 | Trial counsel is not ineffective for not obtaining a global plea agreement; counsel is not ineffective for failing to request a presentence investigation report where probation is not granted, a presentence investigation report can be obtained after a sentencing hear and before an early judicial release hearing. | Waite | Columbiana |
8/13/2024
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8/21/2024
| 2024-Ohio-3176 |
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Toth v. J.B. Food Serv., Inc.
| 23 MA 0128 | premises liability claim; summary judgment improper; employee’s statement created genuine issue of material fact as to actual or constructive knowledge | Hanni | Mahoning |
8/12/2024
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8/13/2024
| 2024-Ohio-3077 |
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Mosco v. DiMichaelangelo
| 24 MA 0024 | CIVIL – Civ.R. 12(B)(6); the parties were already granted a dissolution in the Superior Court of Guam in 2004; Appellant’s 2023 complaint for divorce in Mahoning County was properly dismissed; 19 G.C.A. 8319, the applicable Guam law in effect in 2004 and constitutional at that time; jurisdiction; waiver of residency; 28 U.S.C.A. 1738; R.C. 2329.022; final judgment; full faith and credit; judgments affirmed. | Dickey | Mahoning |
8/12/2024
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8/13/2024
| 2024-Ohio-3079 |
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Henderson v. Stalder
| 23 MO 0017 | oil and gas interest; Dormant Mineral Act; Marketable Title Act; summary judgment not proper; abandonment procedure not fully complied with; failure to list known heir in notice by publication; trial court did not rule on MTA claim | Hanni | Monroe |
8/9/2024
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8/9/2024
| 2024-Ohio-3037 |
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In re A.M.
| 24 JE 0007 | JUVENILE – termination of parental rights; permanent custody of the minor child granted to Agency; dependency; Mother is actively using drugs; Father has failed to comply with the case plan by not obtaining suitable housing; the minor child is autistic, non-verbal, has ADHD, and runs away; the maternal grandfather and Mother both admitted to giving the minor child more prescription pills than what was prescribed in order to make his behavior more manageable for them; the record reveals attempts were made for reunification; the minor child has bonded with the foster parents; the permanent custody statutes do not require an agency to prove that adoption is likely; the minor child’s GAL recommended that permanent custody be granted to Agency; R.C. 2151.414(B)(1)(a)-(e), the first prong of the permanent custody to an agency test; the minor child has been in the temporary custody of Agency for 12 or more months of a consecutive 22-month period; R.C. 2151.414(D)(1)(a)-(e), the second prong of the permanent custody to an agency test; the juvenile court considered and referenced numerous factors in its judgment in determining the best interest of the minor child being placed into the permanent custody of Agency; R.C. 2151.414(E)(1)-(16); the juvenile court complied with the procedure prescribed by R.C. 2151.414; the court’s decision does not go against the manifest weight of the evidence; the court did not err in finding that it was in the minor child’s best interest to terminate parental rights and grant permanent custody to Agency; judgment affirmed. | Dickey | Jefferson |
8/8/2024
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8/9/2024
| 2024-Ohio-3027 |
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Hogue v. PP&G Oil Co., L.L.C.
| 23 MO 0021, 23 MO 0023 | CIVIL – The alleged violation of an assignment of a fractional interest in four twenty-acre drill site units is governed by the statute of limitations on property, despite the fact that assignees seek only money damages. The assignment of a fractional working interest in four twenty-acre drill site units in 2007 contains a 4000-foot depth restriction as a consequence of Ohio law in effect at the time the assignment was executed. | Dickey | Monroe |
8/1/2024
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8/2/2024
| 2024-Ohio-2938 |
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Myers v. Village of Scio
| 23 HA 0006 | injunction and declaratory judgment on the invalidity of a village ordinance adopted in violation of Open Meetings Act in R.C. 121.22; OMA violations are not rendered moot by replacement ordinances; OMA monetary award was permitted; contractual and constitutional issues were not ripe for adjudication where OMA violation invalidated the ordinance, but trial court did not make additional declaration on the landowners’ non-OMA claims. | Robb | Harrison |
7/31/2024
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8/7/2024
| 2024-Ohio-2982 |
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State v. Amos
| 24 BE 0009 | affirming denial of successive and untimely post-conviction petition filed more than 16 years conviction on five counts of rape; motion sought allied offense determination; as in prior appeal, merger allegations would not render sentence void and were res judicata as issue could have been raised in direct appeal of conviction. | Robb | Belmont |
7/31/2024
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8/2/2024
| 2024-Ohio-2939 |
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State v. Barnette
| 24 MA 0027 | CIVIL – Conclusory statements in an affidavit filed in support of a motion for leave to file a motion for new trial that the defendant was unaware of new evidence and could not have discovered it until a certain date are insufficient to establish clear and convincing proof that he was unavoidably prevented from the discovery of the evidence before the statutory deadline. | Dickey | Mahoning |
7/26/2024
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7/29/2024
| 2024-Ohio-2870 |
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State v. Holycross
| 23 BE 0051 | CRIMINAL LAW – importuning; possessing criminal tools; Tier I Sex Offender; guilty plea; consecutively sentenced to a total of 24 months in prison; although represented by counsel, Appellant made a pro se oral motion to continue the trial which was denied; a guilty plea waives all non-jurisdictional errors, including a motion to continue trial; there is no evidence that Appellant’s plea was not knowing, intelligent, and voluntary; the record reflects no sentencing error; 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)(c) is supported by the record; judgment affirmed. | Dickey | Belmont |
7/26/2024
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7/29/2024
| 2024-Ohio-2869 |
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Martin v. Taylor
| 24 NO 0514 | CIVIL – summary judgment; Civ.R. 56; de novo review; Appellant’s $1,400 economic impact payment under the American Rescue Plan Act of 2021 is not exempt from garnishment to pay court costs; judgment affirmed. | Dickey | Noble |
7/26/2024
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7/29/2024
| 2024-Ohio-2871 |
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Harsha v. Harsha
| 23 CO 0047 | application for reconsideration; App.R. 26; no obvious error; no issue not fully considered | Per Curiam | Columbiana |
7/19/2024
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7/19/2024
| 2024-Ohio-2758 |
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State ex rel. Dodson v. Gray
| 23 BE 0054 | complaint for a writ of habeas corpus; Civ.R. 12(B)(6) motion to dismiss; R.C. 2969.25(C); prepayment of filing fees; ambiguous sentencing entries; amended verdict forms; claims not cognizable in habeas corpus | Per Curiam | Belmont |
7/19/2024
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7/22/2024
| 2024-Ohio-2766 |
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Harsha v. Harsha
| 23 CO 0047 | motion to certify a conflict; App.R. 25; no conflict on same questions of law | Per Curiam | Columbiana |
7/19/2024
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7/19/2024
| 2024-Ohio-2757 |
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State v. Gutierres
| 23 MA 0118 | Abuse of discretion; state motion to rescind sentencing recommendation; criminal charges on bail; plea agreement; Crim.R. 32.1; motion to withdraw plea agreement; manifest injustice. | Robb | Mahoning |
7/18/2024
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7/22/2024
| 2024-Ohio-2767 |
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State v. Bigsby
| 23 MA 0127 | consecutive sentence, R.C. 2929.11(C)(4); protect the public; punish offender; disproportionate sentence; recidivism; criminal history | Hanni | Mahoning |
7/17/2024
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7/18/2024
| 2024-Ohio-2706 |
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State v. Anderson
| 24 MO 0001 | POST CONVICTION RELIEF – second pro se petition for postconviction relief; dismissed without a hearing; abuse of discretion standard of review; R.C. 2953.21(A)(2)(a); untimely filed; R.C. 2953.23(A)(1)(a)-(b); no exception for the delay demonstrated. RES JUDICATA. | Dickey | Monroe |
7/17/2024
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7/17/2024
| 2024-Ohio-2704 |
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State v. Richardson
| 23 MA 0121 | Findings of fact and conclusions of law; R.C. 2953.21(H); post-conviction relief; remand. | Hanni | Mahoning |
7/11/2024
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7/17/2024
| 2024-Ohio-2702 |
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State v. McManus
| 23 BE 0055 | question of law; de novo review; sentencing cap; R.C. 2929.15(B)(1)(c)(i); technical violation of community control sanctions; | Robb | Belmont |
7/3/2024
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7/5/2024
| 2024-Ohio-2588 |
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State v. Alexander
| 23 MA 0090, 23 MA 0091 | Failure to preserve evidence; materially exculpatory; potentially useful; bad faith; Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988), State v. Geeslin, 116 Ohio St.3d 252, 2007-Ohio-5239, 878 N.E.2d 1; limiting cross-examination; full benefits of plea agreement; proportionality of sentence when defendant receives longer sentence than co-defendant; sentencing laws; statutory range | Hanni | Mahoning |
7/3/2024
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7/3/2024
| 2024-Ohio-2565 |
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In re D.W.
| 23 JE 0023 | delinquency determination; sufficient evidence; R.C. 2917.31; inducing panic; | Robb | Jefferson |
7/2/2024
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7/3/2024
| 2024-Ohio-2564 |
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State v. Rossi
| 23 MA 0097 | sufficient evidence of domestic violence family or household member element as to cohabitation. | Robb | Mahoning |
7/2/2024
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7/3/2024
| 2024-Ohio-2566 |
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Cardinal Minerals, L.L.C. v. Miller
| 23 MO 0018 | RECONSIDERATION – App.R. 26(A); the record establishes this court did not make any obvious errors or render a decision that is not supported by the law; the trial court committed no error in finding that Appellant lacks standing in this oil and gas case; this court properly addressed the merits of Appellees’ champerty and maintenance defenses and affirmed the trial court’s judgment; upon consideration of the App.R. 26(A) application, Appellant has not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law; application denied. | Per Curiam | Monroe |
7/2/2024
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7/3/2024
| 2024-Ohio-2560 |
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State v. Givens
| 23 CO 0039, 23 CO 0040 | after a guilty plea, court did not improperly hold his silence at sentencing against defendant while opining he lacked remorse; merger; plea was not involuntary by court’s use of “punished separately” instead of “consecutively” when telling a pleading defendant about potential sentence if a new felony is committed while he is on post-release control (if he is placed on it in the future) | Robb | Columbiana |
7/2/2024
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7/3/2024
| 2024-Ohio-2563 |
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State v. St. Thomas
| 23 MA 0103 | Knowing, voluntary, and intelligent waiver of counsel; sovereign citizen defense; Crim.R. 44(B); petty offense; sentence vacated | Robb | Mahoning |
7/2/2024
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7/3/2024
| 2024-Ohio-2568 |
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State v. Javornicky
| 23 MA 0102 | affirming denial of motion to withdraw misdemeanor guilty plea entered 19 years earlier; no manifest injustice or indication of involuntary plea. | Robb | Mahoning |
7/1/2024
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7/3/2024
| 2024-Ohio-2567 |
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State v. Woodley
| 2023-CO-48 | sufficiency; manifest weight | King | Columbiana |
7/1/2024
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7/1/2024
| 2024-Ohio-2538 |
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