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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. James 24 MA 0026sufficiency 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.RobbMahoning 9/13/2024 9/18/2024 2024-Ohio-4567
State v. Knight 22 MA 0102App.R. 26(A)(1), obvious error; fully considered; discovery sanctionsPer CuriamMahoning 9/11/2024 9/16/2024 2024-Ohio-4518
EAP Ohio, L.L.C. v. Sunnydale Farms, L.L.C. 24 CA 0974, 24 CA 0975oil 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.RobbCarroll 9/11/2024 9/16/2024 2024-Ohio-4522
State v. Richard 23 MA 0133no 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.RobbMahoning 9/11/2024 9/16/2024 2024-Ohio-4521
State v. Miller 23 MA 0117manifest weight of the evidence; trier of fact; constructive possession; character evidence; Evid.R. 403(B); unfair prejudice.RobbMahoning 9/11/2024 9/16/2024 2024-Ohio-4520
State v. Koffel 23 CO 0046affirming 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.RobbColumbiana 9/10/2024 9/16/2024 2024-Ohio-4519
Pelletier v. Mercy Health Youngstown, L.L.C. 21 MA 0110application for reconsideration; App.R. 26; R.C. 2305.15(A)(1)Per CuriamMahoning 9/3/2024 9/4/2024 2024-Ohio-3397
Slepski v. Borton 24 MA 0011motion 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.RobbMahoning 8/29/2024 9/3/2024 2024-Ohio-3381
State v. Moore 24 MA 0004R.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; recidivismHanniMahoning 8/23/2024 8/27/2024 2024-Ohio-3256
Martin v. Taylor 24 NO 0514RECONSIDERATION – 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 CuriamNoble 8/21/2024 8/22/2024 2024-Ohio-3207
State v. Thompson 23 NO 0513CRIMINAL – 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.DickeyNoble 8/21/2024 8/22/2024 2024-Ohio-3206
State v. Keirns 23 CO 0053compelling prostitution; possessing criminal tools; no ineffective assistance of counsel; no showing of prejudiceHanniColumbiana 8/20/2024 8/21/2024 2024-Ohio-3177
State v. Williams 24 MA 0002R.C. 2929.14(C); consecutive sentencing; felony sentence standard of review; R.C. 2929.11; R.C. 2929.12HanniMahoning 8/20/2024 8/21/2024 2024-Ohio-3180
State v. Walters 24 HA 0001motion 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)HanniHarrison 8/20/2024 8/21/2024 2024-Ohio-3179
Myers v. Vandermark 23 HA 0007motion to dismiss; standing; prior litigation; Dormant Mineral Act; Marketable Title Act; res judicata; record evidence; justiciable.RobbHarrison 8/20/2024 8/22/2024 2024-Ohio-3205
State v. Borsos 23 BE 0048jury 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.RobbBelmont 8/16/2024 8/22/2024 2024-Ohio-3204
State v. Adams 23 MA 0086application for reconsideration; no obvious error; App.R. 26(A)(1).Per CuriamMahoning 8/15/2024 8/16/2024 2024-Ohio-3120
Gustafson v. Damschroder 23 CO 0051not 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).RobbColumbiana 8/15/2024 8/16/2024 2024-Ohio-3119
State ex rel. Whitacre v. N.E. Mud Servs. Co. 23 MO 0020Mandamus; defective complaint; Civ.R. 10(A); failure to include party’s address; failure to state a claim.Per CuriamMonroe 8/14/2024 8/21/2024 2024-Ohio-3178
Duncan v. Duncan 23 CO 0052objections to magistrate’s decision terminating shared parenting; dismissal of objections due to failure to request transcript by court-imposed deadline was unreasonable under the circumstancesHanniColumbiana 8/14/2024 8/14/2024 2024-Ohio-3086
Prey v. Franciscan Univ. of Steubenville 24 JE 0004CIVIL – 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.DickeyJefferson 8/13/2024 8/14/2024 2024-Ohio-3087
Cardinal Minerals, L.L.C. v. Miller 23 MO 0022Marketable Title Act; Dormant Mineral Act; standing; preservation of mineral rights; abandonment; summary judgment; moot.RobbMonroe 8/13/2024 8/16/2024 2024-Ohio-3121
State v. Travers 23 CO 0037aggravated murder; trial counsel not ineffective; no speedy trial violation; continuance reasonable due to unavailability of state’s witnessHanniColumbiana 8/13/2024 8/13/2024 2024-Ohio-3076
State v. Wiebe 23 CO 0024; 23 CO 0025Trial 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.WaiteColumbiana 8/13/2024 8/21/2024 2024-Ohio-3176
Toth v. J.B. Food Serv., Inc. 23 MA 0128premises liability claim; summary judgment improper; employee’s statement created genuine issue of material fact as to actual or constructive knowledgeHanniMahoning 8/12/2024 8/13/2024 2024-Ohio-3077
Mosco v. DiMichaelangelo 24 MA 0024CIVIL – 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.DickeyMahoning 8/12/2024 8/13/2024 2024-Ohio-3079
Henderson v. Stalder 23 MO 0017oil 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 claimHanniMonroe 8/9/2024 8/9/2024 2024-Ohio-3037
In re A.M. 24 JE 0007JUVENILE – 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.DickeyJefferson 8/8/2024 8/9/2024 2024-Ohio-3027
Hogue v. PP&G Oil Co., L.L.C. 23 MO 0021, 23 MO 0023CIVIL – 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.DickeyMonroe 8/1/2024 8/2/2024 2024-Ohio-2938
Myers v. Village of Scio 23 HA 0006injunction 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.RobbHarrison 7/31/2024 8/7/2024 2024-Ohio-2982
State v. Amos 24 BE 0009affirming 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.RobbBelmont 7/31/2024 8/2/2024 2024-Ohio-2939
State v. Barnette 24 MA 0027CIVIL – 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.DickeyMahoning 7/26/2024 7/29/2024 2024-Ohio-2870
State v. Holycross 23 BE 0051CRIMINAL 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.DickeyBelmont 7/26/2024 7/29/2024 2024-Ohio-2869
Martin v. Taylor 24 NO 0514CIVIL – 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.DickeyNoble 7/26/2024 7/29/2024 2024-Ohio-2871
Harsha v. Harsha 23 CO 0047application for reconsideration; App.R. 26; no obvious error; no issue not fully consideredPer CuriamColumbiana 7/19/2024 7/19/2024 2024-Ohio-2758
State ex rel. Dodson v. Gray 23 BE 0054complaint 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 corpusPer CuriamBelmont 7/19/2024 7/22/2024 2024-Ohio-2766
Harsha v. Harsha 23 CO 0047motion to certify a conflict; App.R. 25; no conflict on same questions of lawPer CuriamColumbiana 7/19/2024 7/19/2024 2024-Ohio-2757
State v. Gutierres 23 MA 0118Abuse 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.RobbMahoning 7/18/2024 7/22/2024 2024-Ohio-2767
State v. Bigsby 23 MA 0127consecutive sentence, R.C. 2929.11(C)(4); protect the public; punish offender; disproportionate sentence; recidivism; criminal historyHanniMahoning 7/17/2024 7/18/2024 2024-Ohio-2706
State v. Anderson 24 MO 0001POST 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.DickeyMonroe 7/17/2024 7/17/2024 2024-Ohio-2704
State v. Richardson 23 MA 0121Findings of fact and conclusions of law; R.C. 2953.21(H); post-conviction relief; remand.HanniMahoning 7/11/2024 7/17/2024 2024-Ohio-2702
State v. McManus 23 BE 0055question of law; de novo review; sentencing cap; R.C. 2929.15(B)(1)(c)(i); technical violation of community control sanctions;RobbBelmont 7/3/2024 7/5/2024 2024-Ohio-2588
State v. Alexander 23 MA 0090, 23 MA 0091Failure 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 rangeHanniMahoning 7/3/2024 7/3/2024 2024-Ohio-2565
In re D.W. 23 JE 0023delinquency determination; sufficient evidence; R.C. 2917.31; inducing panic;RobbJefferson 7/2/2024 7/3/2024 2024-Ohio-2564
State v. Rossi 23 MA 0097sufficient evidence of domestic violence family or household member element as to cohabitation.RobbMahoning 7/2/2024 7/3/2024 2024-Ohio-2566
Cardinal Minerals, L.L.C. v. Miller 23 MO 0018RECONSIDERATION – 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 CuriamMonroe 7/2/2024 7/3/2024 2024-Ohio-2560
State v. Givens 23 CO 0039, 23 CO 0040after 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)RobbColumbiana 7/2/2024 7/3/2024 2024-Ohio-2563
State v. St. Thomas 23 MA 0103Knowing, voluntary, and intelligent waiver of counsel; sovereign citizen defense; Crim.R. 44(B); petty offense; sentence vacatedRobbMahoning 7/2/2024 7/3/2024 2024-Ohio-2568
State v. Javornicky 23 MA 0102affirming denial of motion to withdraw misdemeanor guilty plea entered 19 years earlier; no manifest injustice or indication of involuntary plea.RobbMahoning 7/1/2024 7/3/2024 2024-Ohio-2567
State v. Woodley 2023-CO-48sufficiency; manifest weightKingColumbiana 7/1/2024 7/1/2024 2024-Ohio-2538
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