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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Crockett Homes, Inc. v. Tracy
| 23 CA 0966 | breach of contract; unjust enrichment; summary judgment; home construction; issues of fact; conversion; self-serving affidavit; App.R. 16(A)(7); appellant’s burden. | Robb | Carroll |
4/17/2024
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4/18/2024
| 2024-Ohio-1464 |
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Toronto City Schools Bd. of Edn. v. Ascent Resources Utica, L.L.C.
| 23 JE 0002 | Civ.R. 56; law-of-the-case doctrine; prevention of performance; condition precedent; failure to follow remand order; Evid.R. 801(d)(2) | Hanni | Jefferson |
4/16/2024
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4/16/2024
| 2024-Ohio-1436 |
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Reese v. Sweeney
| 23 MA 0099 | mandamus; R.C. 2969.25 procedural inmate-filing requirements; prior-civil-actions affidavit; R.C. 2969.25(A); court cost deposit; R.C. 2969.25(C) | Per Curiam | Mahoning |
4/16/2024
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4/18/2024
| 2024-Ohio-1466 |
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State v. Minor
| 23 CO 0027 | sex offenses against child; authentication of video of the child interview at the hospital; confrontation clause applies to only testimonial evidence generated with a primary purpose of investigation instead of medical diagnosis or treatment, but out of court statements were not precluded where child testified at trial. | Robb | Columbiana |
4/15/2024
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4/18/2024
| 2024-Ohio-1465 |
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Shadyside v. Givens
| 23 BE 0035 | vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal. | Robb | Belmont |
4/15/2024
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4/18/2024
| 2024-Ohio-1463 |
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Shadyside v. Givens
| 23 BE 0036 | vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal. | Robb | Belmont |
4/3/2024
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4/5/2024
| 2024-Ohio-1299 |
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State v. Orrell
| 23 CO 0028 | Evid. R. 404(B), other acts evidence; exceptions to admission of other acts evidence; no contest plea; motion in limine on appeal; functional equivalent; drug possession, R.C. 2925.11(A); constructive possession | Hanni | Columbiana |
3/28/2024
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3/29/2024
| 2024-Ohio-1194 |
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Stiles v. Bugno
| 23 MA 0039 | breach of oral agreement; statute of frauds; “not to be performed within one year”; compliance with local rules; prejudice. | Robb | Mahoning |
3/28/2024
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4/3/2024
| 2024-Ohio-1262 |
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State v. Wilson
| 23 MO 0012 | guilty plea to two counts of murder; trial court complied with Crim.R. 11(C)(2) in advising Appellant; plea entered knowingly, voluntarily, intelligently | Hanni | Monroe |
3/28/2024
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3/29/2024
| 2024-Ohio-1193 |
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State v. Kennedy
| 23 MA 0050 | denying reclassification motion filed in 1988 criminal case regarding his sexual predator label where appellant argues his classification and registration requirements were the result of a 2010 judgment issued in a civil action he filed wherein the court mistakenly reinstated a non-existent label; essentially asking criminal court to modify civil court’s judgment. | Robb | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1170 |
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State ex rel. Harris v. Bobby
| 23 MA 0060 | original action; mandamus; public records request; inmate filing requirements; R.C. 2969.25(A); affidavit of prior actions and appeals | Per Curiam | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1171 |
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State v. Barnette
| 23 MA 0089 | R.C. 149.43(B); public record request; burden on applicant to show “justiciable claim;” Application for DNA testing; considering only evidence from the trial is error; Appellant had burden to show there was no prior definitive DNA test; R.C. 2953.71(U); trial court was required to reject the application; R.C. 2953.74(A). | Robb | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1172 |
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State v. Brady
| 23 JE 0003 | child endangering verdict after jury trial; sufficiency and weight of the evidence. | Robb | Jefferson |
3/27/2024
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3/28/2024
| 2024-Ohio-1169 |
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State v. Vanek-Peterson
| 23 MA 0021 | Failure to stop after accident, R.C. 4549.02(A)(1)(b); knowingly definition, R.C. 2901.22(B); sufficiency of evidence; manifest weight of evidence; missing trial DVD on appeal | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1096 |
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Stare v. Grange Indemn. Ins. Co.
| 23 MA 0027 | RECONSIDERATION – App.R. 26(A); the record establishes this court did not apply an incorrect standard, did not make findings outside the record, and did not unduly punish the Stares by affirming the trial court’s judgment; upon consideration of the App.R. 26(A) application, the Stares have 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 |
3/22/2024
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3/25/2024
| 2024-Ohio-1097 |
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Jarvis v. Pompos
| 23 MA 0084 | default judgment on money due on promissory note; trial court had both subject matter jurisdiction and personal jurisdiction; Appellant failed to meet test set out in GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976), for relief from judgment; misspelling of fist name in complaint was invited error | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1102 |
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State v. West
| 23 MA 0098 | Post-conviction application for DNA testing, R.C. 2953.73; eligible offender; R.C. 2953.74; outcome determinative, R.C. 2953.71; abuse of discretion | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1103 |
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State v. Herns
| 23 MA 0055 | CRIMINAL – Appellant failed to demonstrate actual prejudice resulting from preindictment delay where speculation regarding missing evidence and witnesses was required to conclude that evidence and witnesses were relevant and to the defense, and would minimize or eliminate the impact of the state’s evidence and bolster the defense. Further, the defendant must offer evidence of witness’s unavailability in the form of defense counsel’s testimony regarding the efforts undertaken to locate the witness. | Klatt | Mahoning |
3/21/2024
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3/25/2024
| 2024-Ohio-1099 |
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In re J.G.
| 23 MA 0075 | CIVIL - Competent, credible evidence regarding best interest factors supports a juvenile court’s decision awarding custody to the child’s father, where temporary non-parent caretakers allowed child to become morbidly obese and intentionally prohibited the child’s father from maintaining a visitation schedule with the child. | Klatt | Mahoning |
3/21/2024
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3/25/2024
| 2024-Ohio-1101 |
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State v. Meyers
| 23 MA 0003 | Conviction for rape; Reagan Tokes Act; State v. Hacker, 2023-Ohio-2535; defendant did not prove by preponderance of the evidence that he was incompetent to enter a guilty plea; defendant had ability to consult with his lawyer and had a rational and factual understanding of the proceedings; defendant did not show denial of motion to withdraw plea was a manifest injustice; no abuse of discretion in denying the motion; judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1321 |
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State v. James
| 23 MA 0005 | Defendant attacked paramedics and police officer in an ambulance after Narcan was administered; felonious assault; resisting arrest; Batson challenge when peremptory challenge; prima facie case of purposeful discrimination not met, and state provided non-racial reason for peremptory challenge; manifest weight supports verdict, as defendant intentionally grabbed syringe, fought with police and paramedics, causing numerous injuries; indefinite term of incarceration does not violate constitution; State v. Hacker, 2023-Ohio-2535; judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1322 |
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State v. Warren-Herrod
| 23 MA 0049 | Felony failure to register as a sexual offender; ambiguity at change of plea in trial court’s explanation of the right to trial by jury; appellate court may examine the plea agreement to confirm the right was explained and properly waived; State v. Gilmore, 2023-Ohio-1503; guilty plea intelligently and voluntarily made, the trial court judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1323 |
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State v. MacEwen
| 23 MA 0072 | Application for expungement for fourth degree misdemeanor domestic violence denied; defendant argued that former R.C. 2953.36(A)(1) allowed expungement of domestic violence, even though it was a crime of violence; appellant did not qualify as an eligible offender under former R.C. 2953.31(A)(1)(a), therefore, could not rely on the exceptions set forth in R.C. 2953.36; judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1324 |
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Miller v. Leone
| 23 MA 0074 | Civil stalking protection order; mayor of Struthers filed petition against former Judge of Municipal Court; pattern of instances of menacing by stalking; First Amendment right to freedom of speech; respondent did not present evidence at final hearing; no provision in the order regulated speech; first amendment does not protect threats or false statements, CSPO is affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1325 |
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State v. Rodriguez
| 23 MA 0105 | Misdemeanor conviction of violating a civil protection order; bench trial; Appellant sentenced to 180 days in jail; court denied appellant the right of allocution; state concedes error; arguments concerning denial of a request for a PSI and a challenge to the maximum sentence are moot; sentence vacated and case remanded for resentencing. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1326 |
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State v. Currence
| 23 HA 0004 | Reckless homicide and child endangerment did not merge when two separate events occurred; special needs child in Appellant’s care; child suffered severe burns while bathing; child died while bathing due to lack of oxygen, Appellant removed child's external oxygen supply; child recovering from double pneumonia; trial court made appropriate findings to support consecutive sentences, consecutive sentences adequately reflect the seriousness of the harm caused by Appellant; judgment affirmed. | Waite | Harrison |
3/21/2024
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4/8/2024
| 2024-Ohio-1320 |
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State v. Boyer
| 23 CO 0026 | Presentence motion for withdrawal of guilty plea; main charge, attempted felony murder, is not a crime that can be prosecuted in Ohio; State v. Nolan, 141 Ohio St.3d 454, 2014-Ohio-4800; neither the court nor defendant's counsel explained this to appellant prior to guilty plea to the other charges in the indictment; appellant led to believe that he was entering into a plea agreement, no agreement reached; appellant’s written responses sought a bench trial and stated he was coerced into pleading guilty, these were not addressed at the change of plea hearing; abuse of discretion in refusing to allow the plea to be withdrawn; reversed. | Waite | Columbiana |
3/21/2024
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4/8/2024
| 2024-Ohio-1319 |
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State v. Hlinovsky
| 23 BE 0015 | Guilty plea to unlawful sexual contact with a minor; failure to explain maximum penalty; trial judge asked appellant if he understood the maximum penalty, and details were explained in the written plea agreement; no mention of mandatory postrelease control; failure to discuss mandatory postrelease control requires reversal; State v. Sarkozy, 117 Ohio St.3d 86, 2008-Ohio-509; plea and subsequent conviction vacated. | Waite | Belmont |
3/21/2024
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4/8/2024
| 2024-Ohio-1317 |
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State v. Auber
| 23 BE 0024 | Remission of bond; bond forfeiture; moot; satisfaction of judgment; lack of controversy. | Per Curiam | Belmont |
3/21/2024
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4/8/2024
| 2024-Ohio-1318 |
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Miller v. Transp. Office, Inc.
| 23 MO 0015 | CIVIL – summary judgment; Civ.R. 56; negligence; loss of consortium; injuries sustained from an employee falling out of a trailer; Pennsylvania license plate; the record reveals Appellee, an Ohio limited liability company, did not own, maintain, or control the subject trailer from which Appellant fell; Appellee did not owe Appellants any duty, and in turn, did not breach any duty; judgment affirmed. | Klatt | Monroe |
3/21/2024
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3/25/2024
| 2024-Ohio-1104 |
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State v. Jenkins
| 22 MA 0107 | Attempted murder; appellant challenges the indefinite portion of his six to nine year prison term as violating his right to jury trial; Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Foster, 109 Ohio St.3d 1 (2006); the Ohio Supreme Court has ruled that the indefinite sentencing provisions introduced under the Reagan Tokes Act are constitutional; judgment affirmed. | Waite | Mahoning |
3/19/2024
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4/8/2024
| 2024-Ohio-1316 |
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In re A.C.
| 23 MA 0120 | Dependency; permanent custody; venue; Juv.R. 11; waiver of venue. | Waite | Mahoning |
3/19/2024
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4/8/2024
| 2024-Ohio-1327 |
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G.A.I. Capital Group, L.L.C. v. Lisowski
| 23 MA 0052 | App.R. 25; motion to certify a conflict; conflict must be on the same rule of law, not facts. | Per Curiam | Mahoning |
3/18/2024
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3/25/2024
| 2024-Ohio-1098 |
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Cunningham v. Brown
| 23 MA 0062 | administrative appeal affirming trial court decision upholding civil service commission decision which upheld the city’s amended removal order terminating employee; prior trial court remand for order to state the reasons for removal did not render first removal order void ab initio; Appellant not entitled to reinstatement with back pay from the date of first removal order through date of amended removal order; remand did not violate civil service rule stating “no material amendment” can be made to the removal order after the employee appeals to the commission; issuance of amended removal order as instructed does not necessarily mean Appellant was an employee at time of issuance. | Robb | Mahoning |
3/18/2024
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3/25/2024
| 2024-Ohio-1100 |
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State v. Williams
| 23 MA 0007 | Terry stop; reasonable suspicion; motion to suppress; informants; anonymous informer; reliability; general description; “high-crime” area; totality of the circumstances; pat down; reasonable suspicion | Hanni | Mahoning |
3/14/2024
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3/14/2024
| 2024-Ohio-943 |
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State v. Antonacci
| 23 BE 0030 | CRIMINAL LAW – felonious assault; aggravated burglary; guilty plea; consecutively sentenced to a total indefinite prison term of 14 years (minimum) to 18 years (maximum); Reagan Tokes Law; 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)(b) is supported by the record; judgment affirmed. | Klatt | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-946 |
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Givens v. Longwell
| 23 BE 0029 | CIVIL – In action for replevin and conversion, party seeking return of personal property must execute an affidavit in conformance with R.C. 2737.03 to demonstrate ownership in order to survive motion for summary judgment. | Klatt | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-947 |
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Givens v. Longwell
| 23 BE 0023 | Civ.R. 12(B)(6) dismissal; property sold in tax foreclosure; plaintiff has no interest in the property; complaint properly dismissed; vexatious litigator | Hanni | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-948 |
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Bounty Minerals v. LL&B Headwater
| 23 JE 0012 | CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas lease is a contract subject to the same rules of interpretation as other written agreements; by its own express terms, the Term Royalty Conveyance was limited to the oil and gas lease in effect at the time and only burdened subsequent oil and gas leases upon the occurrence of certain conditions precedent; the record reveals none of the conditions precedent occurred; the trial court did not err in applying a plain reading of the Term Royalty Conveyance; anti-washout provision; last antecedent rule; the Term Royalty Conveyance ended at the same time as the Mason Dixon Lease, just as the parties intended; rule against perpetuities; R.C. 2131.08; warranty of title; slander of title; the language of the contract is clear; judgment affirmed. | Klatt | Jefferson |
3/14/2024
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3/14/2024
| 2024-Ohio-944 |
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Huntington Bank v. Perdue
| 23 JE 0011 | CIVIL – On summary judgment, the plaintiff has no obligation to disprove the defendant’s affirmative defenses. There is no independent cause of action for breach of the implied duty of good faith and fair dealing apart from a breach of the underlying contract. Appellant failed to demonstrate federal preemption of a breach of contract claim on a credit card account. | Klatt | Jefferson |
3/13/2024
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3/14/2024
| 2024-Ohio-945 |
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Youngstown Professional Firefighters v. Youngstown
| 23 MA 0082 | CIVIL – In a complaint to compel arbitration, assertion that the grievance was untimely-filed required interpretation of the collective bargaining agreement, thereby constituting a procedural or subsidiary question to be determined by the arbitrator, rather than a threshold question to be determined by the trial court. | Klatt | Mahoning |
3/13/2024
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3/14/2024
| 2024-Ohio-940 |
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State v. Flynn
| 23 MA 0076 | dereliction of duty charges dismissed; Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967); Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972); State did not meet burden of proof that it did not use Garrity materials; dismissal proper remedy | Hanni | Mahoning |
3/13/2024
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3/14/2024
| 2024-Ohio-941 |
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In re Guardianship of Robinson
| 23 MA 0065 | PROBATE – overruling objections; adopting a magistrate’s decision; guardianship; incompetent; removal of Appellant as the Ward’s representative payee; Social Security benefits; abuse of discretion standard; R.C. 2111.13(A)(1)-(2) and (4); the court addressed misappropriation and determined that Appellant mismanaged the Ward’s funds by not timely paying the Ward’s rent nor providing him with money to purchase personal items; the record supports the court’s finding; the court did not err in ordering that Help Network apply to become the Ward’s representative payee for his Social Security benefits as federal law does not preempt state law in this instance; judgment affirmed. | Klatt | Mahoning |
3/13/2024
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3/14/2024
| 2024-Ohio-942 |
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State v. Davis
| 23 MA 0064 | defense counsel did not render ineffective of assistance of counsel by failing to request a presentence investigation (PSI) at plea hearing prior to sentencing. | Robb | Mahoning |
3/11/2024
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3/12/2024
| 2024-Ohio-905 |
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State v. Porter
| 22 BE 0008 | new arguments on appeal; evidence de hors the record; res judicata; postconviction; ineffective assistance of trial counsel. | Robb | Belmont |
3/11/2024
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3/12/2024
| 2024-Ohio-903 |
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State v. Ahmed
| 22 BE 0049 | CIVIL - When a person sentenced to death whose competency is in question attempts to waive his statutory right to counsel pursuant to R.C. 2953.21(J)(1), the trial court must determine whether the petitioner has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and a rational as well as factual understanding of the proceedings. | Klatt | Belmont |
3/11/2024
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3/12/2024
| 2024-Ohio-904 |
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State v. Blue
| 22 JE 0026 | sufficient evidence of possession drugs; manifest weight of the evidence; lack of demand for expert testimony on lab report; effective assistance of counsel; felony sentence. | Robb | Jefferson |
3/1/2024
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3/7/2024
| 2024-Ohio-826 |
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Barker v. Adult Parole Auth.
| 23 MA 0079 | mandamus, R.C. 149.43, motion to dismiss, public records request, records pertaining to probation and parole proceedings exempt | Per Curiam | Mahoning |
3/1/2024
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3/7/2024
| 2024-Ohio-823 |
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Trinity Fin. v. D'Apolito
| 23 MA 0028 | expiration of statute of limitations on note does not necessarily bar foreclosure action on mortgage; alternatively, an open-end line of credit was not a UCC note; appellant’s reply brief cannot raise alternative arguments from below that were not raised in the initial appellant’s brief; mortgage expiration statute does not apply to mortgagor | Robb | Mahoning |
3/1/2024
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3/7/2024
| 2024-Ohio-825 |
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Durig v. Youngstown
| 22 MA 0044 | application for reconsideration; App.R. 26; denial of motion for leave to amend answer to include affirmative defense of political subdivision immunity; no obvious error; no issue raised that was not fully considered | Per Curiam | Mahoning |
2/29/2024
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2/29/2024
| 2024-Ohio-743 |
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