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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Trumbull Twp. Bd. of Trustees v. Rickard 2016-A-0061CIVIL - substitution of parties; Civ.R. 25(C); assignment of mortgage, note, and assumption agreement; summary judgment; request for attorney fees; assignee in the shoes of assignor; denial of evidentiary hearing constitutes abuse of discretion.WrightAshtabula 7/24/2017 7/24/2017 2017-Ohio-6945
Knight v. Altercare 2016-P-0045CIVIL - breach of contract; stay; pending arbitration; denial of motion for summary judgment; nursing home; binding arbitration; decedent's representative; facility; wrongful death; statute of limitations, statutory beneficiary; agree to arbitrate; through contract to which beneficiaries were not signatories; beneficiaries have independent right to prosecute wrongful death; consent to arbitrate is of no consequence without a claim to arbitrate; no third-party beneficiary status; denial of summary judgment not a final appealable order.RicePortage 7/24/2017 7/24/2017 2017-Ohio-6946
Church at Warren v. Warzala 2016-T-0073CIVIL - summary judgment; capacity; standing; jurisdiction; subject matter; Civ.R. 15(B); affirmative defense; not raised by the pleadings; waiver; implied consent; R.C. 1745.08; legal entity; unincorporated nonprofit association; R.C. 1745.05; religious organization; affidavit; personal knowledge; legal conclusion; contradicts deposition testimony.CannonTrumbull 7/24/2017 7/24/2017 2017-Ohio-6947
State v. Cochrane 2016-T-0077CRIMINAL LAW - resisting arrest; no contest plea; explanation of circumstances required by R.C. 2937.07 on plea of no contest to misdemeanor; trial court's failure to comply with R.C. 2937.07 is more than mere trial error, but is instead failure to establish facts sufficient to support conviction; as such, jeopardy attaches, thereby preventing state from getting second chance to meet its burden of proof.RiceTrumbull 7/24/2017 7/24/2017 2017-Ohio-6948
State v. Stackhouse 2017-A-0032APPELLATE REVIEW - App.R. 5(A); delayed appeal; notice of appeal must be filed concurrently with motion for delayed appeal.WrightAshtabula 7/24/2017 7/24/2017 2017-Ohio-6949
Tripoulas v. Frenchko 2017-T-0056APPELLATE REVIEW - App.R. 4(A); thirty-day rule; Civ.R. 58(B); untimely appeal.RiceTrumbull 7/24/2017 7/24/2017 2017-Ohio-6950
NexGen Energy Partners, L.L.C. v. Reflecting Blue Technologies, Inc. 2016-A-0050CIVIL - motion to disqualify counsel; abuse of discretion standard of review; Prof.Cond.R. 1.9 and 1.10; law firm; conflict of interest; screening practices; attorney "switched sides."O'TooleAshtabula 7/17/2017 7/17/2017 2017-Ohio-5855
State v. McElroy 2016-L-119, 2016-L-120, 2016-L-121CRIMINAL LAW - pro se motions to receive concurrent sentences; sentence modification; no allegation that sentences had to be modified to correct a void sentencing order or a clerical mistake; trial court lacked jurisdiction to entertain appellant's pro se motions for sentence modification.O'TooleLake 7/17/2017 7/17/2017 2017-Ohio-5856
State v. Sands 2016-L-124CRIMINAL PROCEDURE - pursuant to R.C. 2929.191 a trial court can correct post release control by way of a nunc pro tunc judgment entry; engaging in a pattern of corrupt activity and conspiracy are separate crimes and a defendant can be convicted and sentenced for each.O'TooleLake 7/17/2017 7/17/2017 2017-Ohio-5857
State v. Boyer 2016-P-0061CRIMINAL - judicial release; prosecutor's right to appeal; R.C. 2945.67; sentence contrary to law; R.C. 2953.08(B); jurisdiction to hear appealGrendellPortage 7/17/2017 7/17/2017 2017-Ohio-5858
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