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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Ferrell v. Kakika Ent., Ltd.
| E-18-037 | Trial court abused discretion in granting motion for relief from judgment. Motion should have been analyzed under Civ.R. 60(B)(1), not (B)(5), and denied as untimely because it was filed more than year after trial court’s judgment. Trial court abused discretion by refusing to strike answer filed 15 months late, without leave of court or showing of excusable neglect. Summary-judgment decision reversed and remanded for consideration of application of res judicata or two-dismissal rule. | Mayle | Erie |
2/15/2019
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2/15/2019
| 2019-Ohio-575 |
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State v. Gomez
| L-17-1130 | Appellant’s convictions for importuning and rape were supported by sufficient evidence and were not against the manifest weight of the evidence, where the victim testified in detail about the rapes and the state introduced messages that were sent by appellant to the victim that referenced the sexual conduct and solicited further sexual activity. | Mayle | Lucas |
2/15/2019
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2/15/2019
| 2019-Ohio-576 |
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State v. Jackson
| L-17-1228 | Appellant’s aggravated burglary, rape, and kidnapping convictions were offenses of dissimilar import because each offense resulted in separate and identifiable harm. Thus, the trial court did not err by failing to merge appellant’s convictions. | Mayle | Lucas |
2/15/2019
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2/15/2019
| 2019-Ohio-577 |
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State v. Bey
| L-17-1288 | Under a plain error standard of review, a bill of particulars identifying a predicate offense (felonious assault) to support the indicted offense (felony murder) cured an otherwise defective indictment that failed to include any predicate offense. | Osowik | Lucas |
2/8/2019
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2/8/2019
| 2019-Ohio-423 |
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State v. Borden
| WD-18-015 | Prison sentence for fourth-degree felony properly imposed. Trial court complied with R.C. 2929.11 and 2929.12. | Singer | Wood |
2/8/2019
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2/8/2019
| 2019-Ohio-424 |
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State v. Dean
| L-17-1274 | No trial court error when it imposed consecutive sentences on appellant for separate felony convictions. Judgment affirmed. Felonious assault, aggravated murder, consecutive sentences | Osowik | Lucas |
2/8/2019
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2/8/2019
| 2019-Ohio-425 |
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Deerpointe Property Owners' Assn. v. Craig
| L-18-1090 | Trial court erred in finding the Declaration of Restrictions was ambiguous. Summary judgment reversed. | Pietrykowski | Lucas |
2/8/2019
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2/8/2019
| 2019-Ohio-426 |
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State v. Ellis
| WD-17-035; WD-17-036 | Appellant’s conviction for fourth-degree receiving stolen property must be reduced to a misdemeanor of the first degree where the jury verdict form did not include the level of the offense or a statement recognizing the presence of aggravating elements. Trial court’s imposition of one-year and three-year firearm specifications relative to the same felony is contrary to law. | Pietrykowski | Wood |
2/8/2019
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2/8/2019
| 2019-Ohio-427 |
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Good Knight Properties, L.L.C. v. Hawthorne Hills, L.L.C.
| L-18-1163 | Summary judgment appropriate where no evidentiary material supports non-movant’s cause of action for prescriptive easement because no 21-year period demonstrated. | Singer | Lucas |
2/8/2019
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2/8/2019
| 2019-Ohio-428 |
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State v. Glenn
| WD-18-047 | Administrative license suspension appeal. BMV must present prima facie evidence of compliance with R.C. 4511.192. | Singer | Wood |
2/8/2019
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2/8/2019
| 2019-Ohio-429 |
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