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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Tucker 15AP-1123Appellant's convictions for theft were supported by sufficient evidence and were not against the manifest weight of the evidence.BrownFranklin 9/21/2017 9/21/2017 2017-Ohio-7735
State ex rel. Wayne Dalton Corp. v. Indus. Comm. 16AP-423The court overruled relator's objections to the magistrate's decision and adopts as its own the finding that the medical reports upon which the commission staff hearing officer relied were not equivocal and constituted some evidence to support a finding of permanent total disability. Relator's request for a writ of mandamus is denied.DorrianFranklin 9/21/2017 9/21/2017 2017-Ohio-7736
Libertarian Party v. Husted 16AP-496Challenged ballot access statute did not violate Article V, Section 7 of the Ohio Constitution by denying newly established parties access to primary elections because Article V, Section 7 provided for nomination by either direct primary election or petition as provided by law. Ballot access statute did not violate Article I, Section 2 of the Ohio Constitution because it imposed a limited burden on the challenging party and the state's interest in the law was legitimate and sufficient in light of the limited burden. Trial court did not err in denying motion for continuance under Civ.R. 56(F).DorrianFranklin 9/21/2017 9/21/2017 2017-Ohio-7737
State ex rel. Dyer v. Young 16AP-627Writ of prohibition and/or mandamus denied. Because this court has ordered that the underlying garnishment action be dismissed, relators' challenge to the trial court's exercise of authority in that case is moot.KlattFranklin 9/21/2017 9/21/2017 2017-Ohio-7738
State v. Whatley 16AP-647Trial court did not err in imposing sentence on appellant's conviction for involuntary manslaughter.BrownFranklin 9/21/2017 9/21/2017 2017-Ohio-7739
State v. Smith 16AP-722In a case where undisputed evidence showed that a defense witness placed a package of cocaine in defendant-appellant's car, the trial court did not err in permitting the witness to invoke his right against self-incrimination under the Fifth Amendment to the Constitution where he indicated that, on the advice of his own counsel, he would not answer any further questions. Appellant did not demonstrate error in the trial court's exclusion of that same witness's affidavit where the record of appeal did not contain the affidavit and its alleged contents did not meet the requirements of a statement against interest pursuant to Evid.R. 804(B)(3). Because the record showed the trial court considered appellant's ability to pay a mandatory fine, appellant's argument regarding R.C. 2929.18(B)(1) lacks merit. Judgment affirmed.SadlerFranklin 9/21/2017 9/21/2017 2017-Ohio-7740
State v. Draughon 17AP-149Trial court did not err by denying defendant's motion to waive or suspend court costs; argument barred by res judicata and trial court had already suspended court costsKlattFranklin 9/21/2017 9/21/2017 2017-Ohio-7741
State ex rel. Dunn v. Court of Common Pleas 14AP-819Because no timely objections have been filed and because we observe no error of law or other defect on the face of the magistrate's decision, we adopt the magistrate's decision.BrunnerFranklin 9/19/2017 9/19/2017 2017-Ohio-7679
State v. A.H. 16AP-487The potential assignment of error set forth in appellant's Anders brief fail to identify any non-frivolous issues on appeal. Testimony from the victims, the victims' mother, and the social workers who interviewed the victims provided sufficient evidence to support appellant's convictions for the rape of a minor child and her 13-year old sister. Nor were appellant's convictions against the manifest weight of the evidence. The trial court did not abuse its discretion by refusing to instruct the jury on the offense of sexual battery by a person in loco parentis of the victim where the record contained no evidence that the victim consented. Judgment affirmed.SadlerFranklin 9/19/2017 9/19/2017 2017-Ohio-7680
Yurkowski v. Univ. of Cincinnati 16AP-718In a case where a psychiatrist discharged a patient from inpatient psychiatric care and that patient committed suicide several weeks later, the trial court's finding that the psychiatrist's decision to discharge did not fall below the applicable standard of care was not against the manifest weight of the evidence. As a result, appellant's assignment of error challenging the trial court's proximate cause finding is moot. The trial court likewise did not err in failing to revise its immunity decision or hold a new hearing on immunity. Judgment affirmed.SadlerFranklin 9/19/2017 9/19/2017 2017-Ohio-7681
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