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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Fenderson E-23-041Zmuda, J., writing for the majority, affirms the trial court’s denial of petition for post-conviction relief, as affidavit claimed as new evidence addressed issue argued at trial, and evidence of guilt was overwhelming, despite the claim regarding new evidence.ZmudaErie 3/28/2024 3/28/2024 2024-Ohio-1176
Fisher v. Smith & Lehrer Co., L.P.A. E-23-029Complaint for negligence filed by administrator of decedent’s estate, against attorney who served as guardian of decedent’s estate, was subject to four-year statute of limitations for fiduciaries under R.C. 2305.09(D). Administrator took immediate title to guardianship assets upon ward’s death, therefore, claim accrued, at the latest, when administrator was appointed. Complaint filed against guardian more than four years after administrator’s appointment was untimely.MayleErie 3/28/2024 3/28/2024 2024-Ohio-1177
Wylie v. Wylie F-23-004Under the clear and unambiguous language of the parties’ separation agreement, husband and wife were to share equally in proceeds from sale of property after subtracting out taxes and insurance from purchase price. Although lender had mortgage that exceeded the amount of the purchase price of the property, agreement did not provide that outstanding mortgage would be subtracted from the purchase price before calculating wife’s share of proceeds.SulekFulton 3/28/2024 3/28/2024 2024-Ohio-1179
Berning v. Lutheran Hous. Serv. #9 L-22-1281Zmuda, J., writing for the majority, find that the trial court erred in granting summary judgment to appellee and denying summary judgment to appellantsZmudaLucas 3/28/2024 3/28/2024 2024-Ohio-1173
State v. Gilmer L-22-1307, L-22-1308Motion to sever properly denied where evidence of each crime was simple and direct and state could have introduced evidence of joined offenses under Evid.R. 404(B). Convictions not against sufficiency or weight of evidence. Weapon under disability conviction did not merge with felonious assault convictions. Consecutive sentences findings were not clearly and convincingly not supported by record. Court did not properly impose discretionary costs on record at sentencing hearing.MayleLucas 3/28/2024 3/28/2024 2024-Ohio-1178
State v. Davis S-22-030Trial court did not err in imposing consecutive sentences. Judgment affirmed.OSOWIKSandusky 3/28/2024 3/28/2024 2024-Ohio-1174
State v. Dolman WM-23-003Zmuda, J., writing for the majority, holds that the trial court did not abuse its discretion in denying appellant’s motion to vacate or waive court costs.ZmudaWilliams 3/28/2024 3/28/2024 2024-Ohio-1175
State v. Matthews OT-23-017 and OT-23-035Zmuda, J., writing for the majority, affirms the trial court’s denial of postconviction relief petition, as petition challenged counsel’s effectiveness in failing to file a motion to suppress in underlying case as affecting a knowing guilty plea, with the suppression issue waived by the plea and the validity of the plea otherwise barred by doctrine of res judicata.ZmudaOttawa 3/22/2024 3/22/2024 2024-Ohio-1071
Wakeman v. Smith H-22-013Partial trial court error in convicting and sentencing appellant on five counts of violating municipal junk motor vehicle ordinance. Judgment affirmed, in part, and reversed, in part. Osowik.OsowikHuron 3/22/2024 3/22/2024 2024-Ohio-1067
Nuckols v. Consol. Rail Corp. L-23-1174In this FELA action, even if trial court had excused untimeliness of plaintiff’s expert disclosure and memorandum in opposition to summary judgment, plaintiff failed to present summary-judgment quality evidence in opposing railroads’ motion. Expert reports attached to opposition brief were not authenticated and could not be considered. Without expert testimony, he could not defeat summary judgment.MayleLucas 3/22/2024 3/22/2024 2024-Ohio-1070
State v. Warren L-23-1081Sulek, J., writing for the majority, holds that the trial court did not abuse its discretion in denying appellant’s pre-sentence motion to withdraw his plea.SulekLucas 3/22/2024 3/22/2024 2024-Ohio-1072
State ex rel. Guess v. Clark L-24-1001Where a mandamus petition, in an action under the Public Records Act, fails to allege that a request was made for records that are subject to the Act, the case is properly dismissed under Civ.R.12(B)(6).OsowikLucas 3/22/2024 3/22/2024 2024-Ohio-1075
State v. Dixon L-23-1071Per Mayle, J., vehicular assault, operating a motor vehicle without being in reasonable control, and speeding offenses that stemmed from same event were not the “same offense” for double-jeopardy purposes. Although the evidence underlying the charges might overlap, the elements of the offenses do not, and the double-jeopardy analysis considers elements, not evidence.MayleLucas 3/22/2024 3/22/2024 2024-Ohio-1077
Universal Acceptance Corp. v. Olivarez L-23-1109Trial court’s order denying defendant’s motion to vacate default judgment did not address whether appellant rebutted presumption of service. Reversed and remanded for court to make a credibility determination regarding appellant’s testimony that he never received the summons and complaint.SulekLucas 3/22/2024 3/22/2024 2024-Ohio-1069
State v. Thompson L-23-1161Sulek, J. The trial court did not abuse its discretion by denying appellant’s Crim.R. 36 motion to correct the record.SulekLucas 3/15/2024 3/15/2024 2024-Ohio-991
State v. Moore L-23-1084Per Mayle, J., the trial court’s rejection of insanity defense was not against manifest weight of evidence. State’s experts testified that appellant knew his conduct was wrongful, and defense expert conceded that appellant “was not incapable of recognizing any wrongfulness to his behavior.” Court properly weighed recordings made in aftermath of the shootings and did not substitute its own standard.MayleLucas 3/15/2024 3/15/2024 2024-Ohio-994
In re S.M. H-23-026Judge Duhart. Permanent custody. Mother. Drug issues. Methamphetamines. Lack of employment. Filthy, cluttered, smelly house with bugs, animal wastes. Truancy concerns. Suspected sexual abuse. Lack of dental care for the child.DuhartHuron 3/15/2024 3/15/2024 2024-Ohio-992
State v. Peeples WD-23-025Trial court did not abuse its discretion in denying defendant’s motion to continue sentencing hearing, where it had granted an earlier request and where the purpose of defendant’s motion was occasioned by a collateral criminal proceeding in another county. Trial court was under no duty to postpone sentencing hearing indefinitely, especially where the defendant bore the responsibility for the circumstances giving rise to the need for the request.MayleWood 3/15/2024 3/15/2024 2024-Ohio-993
Slayton v. Peterson S-23-014Per Mayle, J., the trial court correctly confirmed registration of a foreign parenting decree under R.C. 3127.35. Appellant failed to establish that the decree “has been modified” within the meaning of R.C. 3127.35(D)(2). A Missouri court issued orders temporarily overriding a North Carolina custody order, but the Missouri court dismissed its cases and terminated its jurisdiction, so the Missouri orders did not affect the validity of the North Carolina order, as required to preclude registration in Ohio.MayleSandusky 3/11/2024 3/11/2024 2024-Ohio-863
Carstensen v. Allen Twp. Bd. of Trustees OT-23-010Osowik. Affirming dismissal of administrative appeal, where appellant failed to request the issuance of a praecipe for preparation of the record pursuant to R.C. 2506.02, and where complaint fails to state a cause of action for trespass or for injunctive relief.OsowikOttawa 3/8/2024 3/8/2024 2024-Ohio-870
State v. Kamholz E-23-002Osowik - Appellant’s misdemeanor domestic violence conviction was not against the manifest weight of the evidence. Judgment affirmed.OsowikErie 3/8/2024 3/8/2024 2024-Ohio-865
State v. Farris E-22-049, E-22-050Osowik - Trial court did err in denying motion to dismiss on double jeopardy grounds. The convictions were supported by sufficient evidence. Claimed prosecutorial misconduct statements during closing arguments were not outcome altering. Judgment affirmed.OsowikErie 3/8/2024 3/8/2024 2024-Ohio-868
Maumee v. Yeager L-22-1260Judge Duhart. Assault. Self-defense. Manifest weight of the evidence. Nunc pro tunc.DuhartLucas 3/8/2024 3/8/2024 2024-Ohio-858
State v. Vasquez L-22-1192Per Mayle, J., the evidence reasonably supported finding that appellant fled after raping victim, so trial court did not err by giving consciousness-of-guilt instruction based on flight. Trial court’s pattern jury instruction was not tailored to the facts of the case, making it potentially misleading to the jurors, but the error was harmless. Because the instruction allowed the jury to reach its own conclusion about the import of the flight evidence, it was neutral in its effect and not prejudicial.MayleLucas 3/8/2024 3/8/2024 2024-Ohio-860
Huber v. Baertschi L-23-1137Civ.R. 12(C), R.C. 2744.03, R.C. 128.32, immunity, judgment on the pleadingsHensalLucas 3/8/2024 3/8/2024 2024-Ohio-867
State v. Collins L-23-1080Per Duhart, J., the nine factors that courts generally consider in evaluating a presentence motion to withdraw a plea all weigh against granting the motion, thus court did not abuse its discretion when it denied motion. Appellant failed to establish that trial counsel’s performance was deficient, thus he cannot prevail on his claim of ineffective assistance of counsel.DuhartLucas 3/8/2024 3/8/2024 2024-Ohio-869
State v. Bickerstaff L-23-1013, L-23-1147No trial court sentencing error. Judgment affirmed. OsowikOsowikLucas 3/8/2024 3/8/2024 2024-Ohio-871
State v. Allison L-23-1095Petition for post-conviction relief was properly denied without a hearing where the defendant, who claimed that he would have accepted plea if his counsel had shown him state’s evidence, relied entirely on his own affidavit and where the evidence was inconsequential, especially in light of other, direct evidence of his guilt, which defendant was made aware of before refusing the plea offer.MayleLucas 3/8/2024 3/8/2024 2024-Ohio-872
State v. Kelsey L-23-1101Zmuda, J., writing for the majority, affirms the judgment denying the motion to suppress, as police had basis to initiate traffic stop and extend the stop, based on odor of burnt marijuana and based on expired registration.ZmudaLucas 3/1/2024 3/6/2024 2024-Ohio-806
In re H.H. E-23-011, E-23-012, E-23-017, E-23-018Zmuda, J., writing for the majority, finds that the trial court did not err in granting Erie County Department of Job and Family Services (ECDJFS) motion for permanent custody, and denying Grandmother’s motion for legal custody, where the evidence supported that permanent custody was in the child’s best interest.ZmudaErie 2/22/2024 2/23/2024 2024-Ohio-686
State v. Lipkins L-23-1088Trial court sentencing clerical error. Judgment affirmed, in part, and reversed, in part, for nunc pro tunc entry. OsowikOsowikLucas 2/16/2024 2/16/2024 2024-Ohio-608
State ex rel. Right to Life Action Coalition of Ohio v. Capital Care of Toledo, L.L.C. L-23-1093Osowik. Affirming dismissal of action on grounds of mootnessOsowikLucas 2/16/2024 2/16/2024 2024-Ohio-609
State v. Horton L-22-1267Judge Duhart, hearsay, plain error, manifest weight of the evidence.DuhartLucas 2/16/2024 2/16/2024 2024-Ohio-612
State v. Lewis OT-23-007Per Mayle, J., there was sufficient evidence that defendant committed aggravated burglary when he trespassed by “force, stealth, or deception” when he entered his ex-girlfriend’s apartment by breaking a window, at night, wearing a full facemask, and assaulted her and her daughter, even though he still retained a key to the property. Defendant’s aggravated burglary conviction was not against the manifest weight of the evidence simply because he still had some belongings at the apartment and retained a key.MayleOttawa 2/16/2024 2/16/2024 2024-Ohio-607
State v. Bowen WD-23-034Osowik - Crim.R. 11 ( C)(2)(a) requires a trial court to advise a criminal defendant on postrelease control for a prior felony, during his plea hearing on a new felony case, of the trial court’s authority under R.C. 2929.141 to terminate the defendant’s existing postrelease control and to impose a consecutive prison sentence for the postrelease-control violation. State v. Bishop, 156 Ohio St.3d 156, 2018-Ohio-5132, 124 N.E.3d 766. Appellee concedes error. Guilty plea is vacated. Reversed and remanded.OsowikWood 2/16/2024 2/16/2024 2024-Ohio-606
State v. Ali L-23-1123, L-23-1129Per Sulek, P.J., where the trial court fails to address discretionary costs, including costs of confinement, at the sentencing hearing, but imposes those costs in the sentencing entry, the imposition of confinement costs is contrary to law.SulekLucas 2/9/2024 2/9/2024 2024-Ohio-486
State v. Brown L-23-1119Zmuda, J., writing for the majority, affirms the trial court’s dismissal of petitioner’s untimely petition for post-conviction relief, as petitioner provided no support for his claim of newly discovered evidence based on his ignorance of the filing deadline and facts he possessed at the time of trial.ZmudaLucas 2/9/2024 2/9/2024 2024-Ohio-487
Camargo v. Toledo L-23-1056Sulek, J. City was immune from liability where it detained owner’s vehicle during a drug trafficking investigation. R.C. Chapter 2744; R.C. 2981.11SulekLucas 2/9/2024 2/9/2024 2024-Ohio-488
Toledo Clinic, Inc. v. Felix L-23-1037Duhart. Affirming arbitration award and dismissing appellant’s request to vacate the award under R.C. 2711.10 or to modify the award under R.C. 2711.11.DuhartLucas 2/9/2024 2/9/2024 2024-Ohio-489
State v. Heiney L-23-1156Judge Duhart, Suspension, Modification, or Waiver of Court Costs and Financial Sanctions, Request for Modification of Order for Return of Trial Exhibits Moot.DuhartLucas 2/9/2024 2/9/2024 2024-Ohio-490
State v. Mull WD-23-004 & WD-23-012Trial court committed Crim.R. 11(C)(2)(a) error. Judgments reversed. Osowik.OsowikWood 2/2/2024 2/2/2024 2024-Ohio-370
State v. Sturtevant WM-22-004Duhart. Affirming rape conviction, as it is supported by both the sufficiency and the weight of the evidence.DuhartWilliams 2/2/2024 2/2/2024 2024-Ohio-371
State v. Horn OT-22-059Record evidence supported conviction for retaliation where defendant admitted to leaving a voicemail with a sheriff’s detective, asking him to “tell” six public officials—who were involved in an unrelated criminal prosecution against her years before—that she “want[ed] my money, or they can kiss their kids goodbye” and that if she did not get her money in the next 24-hours, they would “be dead, in the next four weeks.”MayleOttawa 2/2/2024 2/2/2024 2024-Ohio-369
Iron Horse Bar & Grill, L.L.C. v. GGJ Triune, PLL OT-23-002Trial court errs where it determines that rent provision of lease could not be waived. Trial court’s finding in favor of lessor on breach of contract claim is against the manifest weight of the evidence where lessor clearly and unequivocally waived the requirement of lessee to pay rent and where lessor breached the lease by attempting to lock lessee out of the premises.SulekOttawa 1/26/2024 1/26/2024 2024-Ohio-284
In re E.C. L-23-1217Judge Duhart. Permanent custody. Mother deceased. Father has alcohol and anger issues and an extensive criminal record. Incarceration. Housing. Employment.DuhartLucas 1/26/2024 1/26/2024 2024-Ohio-281
In re J.D. L-23-1221 & L-23-1233Sulek, J. In a child custody proceeding, the trial court did not abuse its discretion in denying appellants’ motions for a continuance and for change of venue. The trial court’s decision terminating father’s parental rights was supported by clear and convincing evidence and was not against the weight of the evidence.SulekLucas 1/26/2024 1/26/2024 2024-Ohio-282
Slak v. Strozier L-23-1074Per Mayle, J., the parties’ agreement relating to a rental property is ambiguous. The trial court did not abuse its discretion by finding that the extrinsic evidence presented to the magistrate did not clarify the intent of the agreement or by construing the agreement against the landlord, who drafted it. The trial court was permitted to rely on the magistrate’s credibility determinations to find that the tenant complied with the agreement’s terms, as construed by the trial court.MayleLucas 1/26/2024 1/26/2024 2024-Ohio-286
State ex rel. Kelleys Island Local School Dist. Bd. of Edn. v. Ohio Dept. of Edn. E-23-020Per Mayle, J., the trial court erred in finding that it lacked jurisdiction to consider appellant’s request for a writ of prohibition, but the error was not prejudicial because appellant was not entitled to a writ of prohibition as a matter of law. Although the trial court erred by relying on res judicata to grant appellee’s motion for summary judgment on appellant’s mandamus claim, the error was not prejudicial because appellant was not entitled to a writ of mandamus as a matter of law.MayleErie 1/26/2024 1/26/2024 2024-Ohio-285
In re L.C. L-23-1176Per Mayle, J., the trial court did not err in terminating mother’s parental rights because its findings that the children services agency made reasonable efforts to reunify the family, the children could not be placed with mother in a reasonable time or should not be placed with mother, and mother demonstrated a lack of commitment to the children were supported by the manifest weight of the evidence.MayleLucas 1/24/2024 1/26/2024 2024-Ohio-283
In re A.J. L-23-1189Zmuda, writing for the majority affirmed judgment where juvenile court’s findings were supported by the weight of the clear and convincing evidence, demonstrating permanent custody with the agency was in the best interests of the child.ZmudaLucas 1/22/2024 1/26/2024 2024-Ohio-280
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