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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Castner v. Jefferson Cty.
| 24 JE 0017 | CIVIL – sovereign immunity; proprietary function; R.C. 2744.01(G)(2)(C); municipal corporation water supply system; regional water and sewer district; utility; expressio unius est exclusio alterius. | Dickey | Jefferson |
4/11/2025
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4/14/2025
| 2025-Ohio-1309 |
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State v. Gonzalez
| 24 MA 0076 | CRIMINAL – prior inconsistent statement; prior bad acts; rape shield law; defense witness; opened the door; defendant’s prior sexual history; prejudicial; inflammatory; harmless error; overwhelming evidence of guilt; expert witness; delayed disclosure; direct appeal. | Dickey | Mahoning |
4/11/2025
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4/14/2025
| 2025-Ohio-1314 |
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Blackwell v. White House Fruit Farm, Inc.
| 24 MA 0094 | CIVIL – summary judgment; Civ.R. 56; de novo review; slip and fall; parking lot; business invitee; open and obvious; no attendant circumstances; judgments affirmed. | Dickey | Mahoning |
4/10/2025
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4/14/2025
| 2025-Ohio-1317 |
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Kocher v. Ascent Resources-Utica, L.L.C.
| 24 JE 0019, 24 JE 0020, 24 JE 0021 | CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas case; lease; bonus money; disgorgement; equitable remedy; no wrongdoing; unjust enrichment; Dormant Mineral Act; R.C. 5301.56(B)(3) and (H)(1); judgments affirmed. | Dickey | Jefferson |
4/10/2025
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4/14/2025
| 2025-Ohio-1311 |
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State v. Morgan
| 24 MA 0040 | REOPENING – App.R. 26(B); timely application to reopen direct appeal; Appellant fails to meet the standard under Strickland v. Washington, 466 U.S. 668 (1984); assignments of error; failure to raise objection; failure to file motion to suppress dash cam video; whether felonious assault serves as a predicate offense for felony murder; cumulative error; Appellant fails to establish that he was denied the effective assistance of appellate counsel warranting a reopening; application denied. | Per Curiam | Mahoning |
4/9/2025
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4/14/2025
| 2025-Ohio-1312 |
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State v. Jones
| 24 MA 0088 | Postconviction petition; petition cannot be considered by a trial a court if it is untimely and no exception applies; fact that petition is successive is grounds for denying; a petitioner is barred by res judicata from raising arguments that have been or could have been raised on direct appeal. | Waite | Mahoning |
4/9/2025
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4/14/2025
| 2025-Ohio-1316 |
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Bory v. Roudebush
| 24 CA 0978 | CIVIL – oral settlement agreement; material term; “meeting of the minds”; clear and convincing evidence. | Dickey | Carroll |
4/9/2025
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4/14/2025
| 2025-Ohio-1305 |
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State v. Howze
| 24 BE 0002 | CRIMINAL – application to reopen; amend charge; grand jury. | Per Curiam | Belmont |
4/8/2025
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4/14/2025
| 2025-Ohio-1300 |
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Menges v. Strunk
| 24 BE 0018 | CIVIL – Civil Rule 5(A); new or additional claims for relief or for additional damages; no service; intervenors’ complaints. | Per Curiam | Belmont |
4/8/2025
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4/14/2025
| 2025-Ohio-1301 |
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State v. Antonacci
| 24 BE 0053 | postconviction petition; no hearing required; doctrine of res judicata barred relief; no ineffective assistance of counsel | Hanni | Belmont |
4/8/2025
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4/14/2025
| 2025-Ohio-1304 |
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Bishop v. Bishop
| 24 CO 0030 | CIVIL – reconsideration; affirm; separate grounds; evidentiary basis; no obvious error; no issue not considered; en banc consideration; no intra-district conflict. | Per Curiam | Columbiana |
4/8/2025
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4/14/2025
| 2025-Ohio-1306 |
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Wilson v. Ohio Dept. of Job & Family Servs.
| 24 MA 0080 | application for nutrition assistance; food stamps; R.C. 5101.35; trial court lacked subject matter jurisdiction; failure to exhaust administrative remedies | Hanni | Mahoning |
4/8/2025
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4/14/2025
| 2025-Ohio-1315 |
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State v. Hall
| 24 JE 0016 | Ineffective assistance of counsel, deficient performance, not guilty by | Hanni | Jefferson |
4/8/2025
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4/14/2025
| 2025-Ohio-1308 |
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State v. Fisher
| 24 JE 0018 | CRIMINAL LAW – having weapons while under disability; jury trial; sentenced to 24 months in prison; sufficiency of the evidence; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; manifest weight; the jury chose to believe the State’s witnesses; judgment affirmed. | Dickey | Jefferson |
4/8/2025
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4/14/2025
| 2025-Ohio-1310 |
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State ex rel. Yost v. D&L Ferguson, L.L.C.
| 24 HA 0008 | CIVIL – bench trial; manifest weight. CONTRACTS - EAU was not legally in existence at the time the purchase agreement was entered into and signed by the parties; personal liability; EAU’s sole member and manager is not shielded from liability; Civ.R. 15(B); amendment of a pleading; abuse of discretion standard; Civ.R. 54(B). DAMAGES – the trial court, having observed the presentation of the invoices and the related testimony, was in the best position to calculate and award damages; judgment affirmed. | Dickey | Harrison |
4/7/2025
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4/14/2025
| 2025-Ohio-1307 |
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State v. Hawkins
| 24 BE 0047 | CRIMINAL LAW – attempted possession of a deadly weapon while under detention; guilty plea; the parties jointly recommended a 12-month prison term to be served consecutive to Appellant’s other case in Montgomery County; Appellant’s sentence is not contrary to law; R.C. 2953.08(D)(1) and (G); judgment affirmed. | Dickey | Belmont |
4/7/2025
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4/14/2025
| 2025-Ohio-1303 |
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State v. Anderson
| 24 MA 0047 | CRIMINAL – application to reopen; hearsay; duplicative testimony; cross-examination. | Per Curiam | Mahoning |
4/1/2025
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4/2/2025
| 2025-Ohio-1172 |
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Cardinal Minerals, L.L.C. v. Blatt
| 24 MO 0008, 24 MO 0009, 24 MO 0011, 24 MO 0012 | summary judgment; oil and gas lease; Westfield Ins. Co. v. Galatis, 2003-Ohio-5849; champerty and maintenance; plain language; funds in escrow; breach of contract; award of attorney’s fees; Civ.R. 37(A)(5) findings required; frivolous conduct. | Robb | Monroe |
3/31/2025
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4/1/2025
| 2025-Ohio-1159 |
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State v. Ballard
| 24 MA 0033 | Application to reopen appeal; App.R. 26(B). | Per Curiam | Mahoning |
3/14/2025
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3/21/2025
| 2025-Ohio-994 |
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Mineral Dev., Inc. v. SWN Prod., L.L.C.
| 24 MO 0013 | application for reconsideration denied; plain language of 1918 deed applied and lease royalties based on pooling of the premises at issue must be shared by the non-participating royalty interest. | Per Curiam | Monroe |
3/12/2025
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3/13/2025
| 2025-Ohio-827 |
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State v. Piatt
| 24 MO 0016 | Motion for early termination of sex offender registration requirements; trial court’s failure to provide basis for denial; res judicata does not bar a second motion for early termination of sex offender registration requirements so long as the second motion is not merely a substitute for an appeal of the earlier filed motion. | Waite | Monroe |
3/10/2025
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3/21/2025
| 2025-Ohio-995 |
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JPMorgan Chase Bank, N.A. v. Gallabrese
| 24 JE 0015 | affirming summary judgment to bank on credit card account; no genuine issue of fact raised on unconscionability; contractual interest rate was not limited by 8% usury statute; no due process violation in ruling on bank’s motion for extension. | Robb | Jefferson |
3/5/2025
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3/6/2025
| 2025-Ohio-733 |
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State v. McGrew
| 24 CO 0022 | Petition for reconsideration; mere disagreement with the Court’s logic insufficient to raise an issue for reconsideration; motion to certify a conflict; factual differences do not create conflicts of law. | Per Curiam | Columbiana |
3/5/2025
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3/21/2025
| 2025-Ohio-993 |
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A.M. v. Leone
| 24 MA 0077, 24 MA 0083 | CIVIL – domestic violence civil protection order; clear and convincing evidence; fear; change in routine; judicial bias; failure to assert property rights. | Dickey | Mahoning |
3/4/2025
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3/5/2025
| 2025-Ohio-728 |
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State v. Heath
| 24 MA 0062 | Witness identification of a perpetrator is sufficient evidence as to identity; where victim provides identification of a perpetrator and circumstantial evidence supports that identification, conviction not against the manifest weight of the evidence; untimely Crim.R. 33 motion filed without obtaining leave properly denied without hearing; no cumulative error where no harmless or reversible error is found. | Waite | Mahoning |
2/28/2025
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3/21/2025
| 2025-Ohio-996 |
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State v. Perkins
| 24 MA 0054 | Juror misconduct; challenge for cause, R.C. 2313.17(B)(9); abuse of discretion; peremptory challenge; new trial on basis of juror misconduct, Crim. R. 33(B)(2); child competency; competency determination, R.C. 2317.01; Evid. R. 601; child testimony; manifest weight of the evidence; sufficiency of the evidence; rape, R.C. 2907.02(A)(1)(b); gross sexual imposition, R.C. 2907.05(A)(4) | Hanni | Mahoning |
2/26/2025
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2/26/2025
| 2025-Ohio-634 |
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Ellyson v. Ellyson
| 24 CO 0026 | abuse of discretion; valuation of real property; factual issue; whether offer to purchase property was genuine goes to the weight of the evidence; date of appraisals goes to weight to be given the evidence, not admissibility; characterization of property as marital or separate involves a factual inquiry; credibility determinations afforded discretion. | Robb | Columbiana |
2/26/2025
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2/27/2025
| 2025-Ohio-639 |
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State v. Newberry
| 24 CO 0032 | illegal use of a minor or impaired person in nudity-oriented material or performance: engaging in prostitution; possessing criminal tools; sufficient evidence supported convictions; convictions not against manifest weight of the evidence; trial court made statutory consecutive-sentencing findings | Hanni | Columbiana |
2/21/2025
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2/24/2025
| 2025-Ohio-586 |
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State ex rel. Wise v. Belmont Cty. Common Pleas Court
| 24 BE 0052 | Original action; writ of mandamus; sui juris; court of common pleas not a legal entity capable of being sued; sua sponte dismissal. | Per Curiam | Belmont |
2/21/2025
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3/21/2025
| 2025-Ohio-992 |
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State v. Biddle
| 24 BE 0035 | aggravated trafficking in drugs; having a weapon while under disability; guilty plea; court made required statutory consecutive sentencing findings; consecutive sentencing findings supported by record; no violation of right to allocution | Hanni | Belmont |
2/20/2025
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2/21/2025
| 2025-Ohio-568 |
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State v. Miller
| 24 BE 0031 | Illegal conveyance into a detention center; challenge to prison term imposed for fourth degree felony; court made the determination that appellant had prior felony record, which disqualified him for mandatory community control; prior felony record also gave the court discretion to impose a prison term under R.C. 2929.13(B)(1)(b); appellant's argument regarding lack of findings supporting R.C. 2929.11 and 2929.12 summarily overruled; argument that court failed to cite appellant's twenty-year record of law-abiding life is not supported by the record; judgment affirmed. | Waite | Belmont |
2/20/2025
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3/21/2025
| 2025-Ohio-991 |
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State v. Frye
| 24 CO 0028 | CRIMINAL LAW – illegal use of minor or impaired person in nudity oriented material or performance; pandering obscenity involving a minor or impaired person; guilty plea; Tier II Sex Offender; consecutive sentence; 32 years in prison; substantial compliance with non-constitutional notice provisions under Crim.R. 11(C)(2)(a)-(b); trial court not obligated to follow joint sentencing recommendation; Appellant’s sentence is not contrary to law; R.C. 2953.08(G); judgment affirmed. | Dickey | Columbiana |
2/20/2025
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2/21/2025
| 2025-Ohio-569 |
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Gamble v. Valley Oaks Care Ctr.
| 24 CO 0029 | refiled action barred by four-year statute of repose for medical claims; where original action was timely filed but then voluntarily dismissed, the saving statute may allow refiling within one year for purposes of the statute of limitation but this does not extend the statute of repose, as the Ohio Supreme Court considers the statute of repose a hard deadline that is not satisfied by refiling under saving statute. | Robb | Columbiana |
2/20/2025
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2/21/2025
| 2025-Ohio-570 |
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Johnson v. Sailor
| 24 MA 0063 | CERTIFICATION – App.R. 25(A); Ohio Constitution, Article IV, Section 3(B)(4); this court’s decision is not in conflict with the decisions cited by Appellant from the Second, Third, Fourth, Eighth, Ninth, and Tenth District Courts of Appeal. EN BANC – App.R. 26(A)(2); our decision is not in conflict with another decision from our district; Appellant has failed to identify a dispositive issue; there is no basis for en banc consideration; joint application denied. | Per Curiam | Mahoning |
2/20/2025
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2/21/2025
| 2025-Ohio-571 |
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Johnson v. Sailor
| 24 MA 0063 | RECONSIDERATION – App.R. 26(A); 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 | Mahoning |
2/20/2025
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2/21/2025
| 2025-Ohio-572 |
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State v. Shurtleff
| 24 MA 0082 | CRIMINAL – non-violent fifth degree felonies, maximum sentence, presumption against incarceration, exception, commission of a felony, previously served prison time. | Dickey | Mahoning |
2/20/2025
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2/21/2025
| 2025-Ohio-574 |
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State v. Huntsman
| 24 MO 0014 | having weapons while under a disability; aggravated drug possession; guilty plea; no ineffective assistance of counsel; jointly recommended sentence | Hanni | Monroe |
2/20/2025
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2/21/2025
| 2025-Ohio-573 |
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State v. Olman
| 24 BE 0033 | CIVIL – Civ.R. 60(B); motion for relief from judgment; timeliness of appeal; denial of postconviction petition; GTE prongs; motion timely filed; Appellant fails to demonstrate a meritorious defense or claim; Appellant is not entitled to relief under Civ.R. 60(B)(1) or (5); judgment affirmed. | Dickey | Belmont |
2/10/2025
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2/11/2025
| 2025-Ohio-437 |
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Abruzzino v. Brown
| 24 CO 0021 | Vexatious litigator; R.C. 2323.52(D)(1); cases assigned by the administrative judge; Sup.R. 36; motions filed by counsel used in determining vexatious litigator where the filings are attributable to the party. | Waite | Columbiana |
2/6/2025
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2/11/2025
| 2025-Ohio-438 |
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Bernat v. EK Real Estate Fund I., L.L.C.
| 24 MA 0015 | motion for sanctions; appeal not frivolous; Seventh Dist.Loc.R. 23(A) | Per Curiam | Mahoning |
2/6/2025
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2/7/2025
| 2025-Ohio-393 |
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Patrick v. Mercy Health Youngstown, L.L.C.
| 24 MA 0034 | Whitelock v. Gilbane Bldg. Co., 66 Ohio St.3d 594, 596 (1993); App.R. 25; motion to certify a conflict; rule of law. | Per Curiam | Mahoning |
2/6/2025
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2/7/2025
| 2025-Ohio-394 |
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Mineral Dev., Inc. v. SWN Prod. Co., L.L.C.
| 24 MO 0013 | horizontal well traversing beneath surface plainly qualifies as a well drilled on the property for purposes of deed reserving royalty interest in oil and gas production; landowner’s pooling and unitization agreement does not exclude royalty interest from lease royalties but instead agreed a well on any unitized land will have the same effect as if located on the land subject to the lease; thus, even the fourth well, which did not traverse beneath the premises at issue, qualified as a well drilled on the premises to which the royalty interest in oil and gas produced applies. | Robb | Monroe |
2/6/2025
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2/7/2025
| 2025-Ohio-395 |
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State v. Yost
| 24 CO 0016 | child-victim’s friend testimony on what victim told him would be harmless even assuming it was inadmissible hearsay as victim testified at trial; no plain error in allowing expert testimony on victim’s psychological diagnoses and self-harm as this was not akin to an opinion on child’s veracity; counsel was not ineffective; sufficiency and weight of the evidence on rape and gross sexual imposition. | Robb | Columbiana |
2/5/2025
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2/6/2025
| 2025-Ohio-380 |
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Blakeman v. Cline
| 24 CO 0019 | Motion for relief from judgment; Civ.R. 60(B); right to redeem; interlocutory order; excusable neglect; abuse of discretion. | Robb | Columbiana |
2/5/2025
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2/6/2025
| 2025-Ohio-381 |
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State v. Cruz
| 24 BE 0045 | double jeopardy; merger of allied offenses; R.C. 2941.25; consecutive sentences; R.C. 2929.14(C)(4); findings. | Robb | Belmont |
2/5/2025
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2/6/2025
| 2025-Ohio-379 |
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In re T.M.
| 24 MA 0072 | R.C. 5122.15; involuntary commitment; affidavit in support of commitment contained a preponderance of evidence to establish probable cause to justify further commitment proceedings; clear and convincing evidence presented to justify continued involuntary commitment; judgment affirmed. | Waite | Mahoning |
2/4/2025
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2/11/2025
| 2025-Ohio-439 |
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State v. Reese
| 14 MA 0116 | App.R. 26(B); untimely filing; lack of good cause | Per Curiam | Mahoning |
1/30/2025
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1/30/2025
| 2025-Ohio-288 |
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State v. Reese
| 24 MA 0075 | Postconviction relief; R.C. 2953.21; trial court not required to wait for response to the state's motion to dismiss petition; trial court may rule on meritless petition at any time; trial court has discretion to deny motion to amend petition filed nine years after the petition was filed and nine years after petition was denied; denial of petition for postconviction relief is a final appealable order even if court fails to timely file findings of fact and conclusions of law; judgment affirmed. | Waite | Mahoning |
1/30/2025
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2/3/2025
| 2025-Ohio-337 |
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State v. Sayles
| 24 JE 0012 | Crim.R. 33 motion for new trial; motion for leave to file Crim.R. 33 motion; trial court must rule on motion for leave to file Crim.R. 33 motion first; guilty plea bars Crim.R. 33 motion; App.R. 12(B); trial court correct judgment, but incorrect rationale | Hanni | Jefferson |
1/30/2025
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1/30/2025
| 2025-Ohio-290 |
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State v. Venable
| 24 MA 0059 | Murder conviction with two gun specifications; defendant admitted to shooting the victim, but relied on the defense of self-defense at trial; court properly disallowed other acts evidence intended to show a fearful state of mind because the evidence was remote in time from the murder; manifest weight of the evidence supported the murder conviction and did not support a theory of self-defense; trial court properly imposed two separate sentences for gun specifications under R.C. 2941.145 and 2941.146; there was no double jeopardy violation in imposing both gun specifications because they involved sentencing rather than being part of the offense; judgment affirmed. | Waite | Mahoning |
1/29/2025
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2/3/2025
| 2025-Ohio-335 |
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