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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State ex rel. Ware v. Rhodes
| 22AP-59 | Magistrate's decision adopted as no objections were filed. Respondents' motion for summary judgment denied because public records request was not subject to grievance system and therefore the affidavit requirements of R.C. 2969.26(A) did not apply. Relator's motion for summary judgment granted in part and denied in part. Statutory damages awarded. | Dorrian | Franklin |
5/7/2024
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5/7/2024
| 2024-Ohio-1754 |
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State v. Deese
| 23AP-709, 23AP-710, 23AP-711 & 23AP-712 | The appeals are dismissed because this court lacks jurisdiction to consider an appeal from a denial of judicial release. | Leland | Franklin |
5/7/2024
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5/7/2024
| 2024-Ohio-1758 |
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State ex rel. McKee v. O'Shaughnessy
| 23AP-431 | The complaint for writ of mandamus is dismissed for failure to comply with R.C. 2969.25(C). Respondent’s motion to dismiss is moot. The court adopts the magistrate’s decision, including the findings of fact, but substitutes our own conclusions of law therein. | Jamison | Franklin |
5/7/2024
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5/7/2024
| 2024-Ohio-1756 |
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M.Y. v. Dailey
| 23AP-630 | Because appellant filed to file timely objections, pursuant to Civ.R. 65.1(G), to trial court’s adoption of magistrate’s granting of civil stalking protection order after full hearing, this court lacked jurisdiction to address merits of appeal thereby requiring dismissal of appeal | Leland | Franklin |
5/7/2024
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5/7/2024
| 2024-Ohio-1757 |
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Jackson v. Jackson
| 23AP-325 | Trial court committed reversible error by selecting de facto termination date without providing its rationale, ordering a division of assets and liabilities in absence of competent, credible evidence, and failing to calculate the proportionate share of retirement benefits that accrued during the marriage. Moreover, trial court did not demonstrate how the award was equitable or that it considered the factors set forth in R.C. 3105.171(F). Judgment reversed and remanded. | Edelstein | Franklin |
5/7/2024
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5/7/2024
| 2024-Ohio-1755 |
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Bailey v. Ohio Dept. of Dev. Disabilities
| 23AP-542 | The trial court did not err in granting the motion for judgment on the pleadings filed by defendant-appellee Ohio Department of Developmental Disabilities (“ODDD”). Although Bailey named the ODDD as the defendant, her claim is specifically premised on allegations of physical abuse of her ward on the part of the Cuyahoga County Board of Developmental Disabilities. Because the Cuyahoga County Board of Developmental Disabilities is not an instrumentality of the State for purposes of R.C. Chapter 2743 so as to be subject to the jurisdiction of the Court of Claims of Ohio, the trial court lacked subject matter jurisdiction over Bailey’s claims. Judgment affirmed. | Beatty Blunt | Franklin |
5/2/2024
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5/2/2024
| 2024-Ohio-1696 |
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Janssen v. Fluent Solar, L.L.C.
| 23AP-507 | The trial court did not abuse its discretion by denying Fluent Solar’s motion to compel arbitration and to stay proceedings pending arbitration. Judgment affirmed. | Mentel | Franklin |
5/2/2024
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5/2/2024
| 2024-Ohio-1697 |
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State v. R.J.C.
| 21AP-651 | FELONIOUS ASSAULT - SUFFICIENCY - MANIFEST WEIGHT - SERIOUS PHYSICAL HARM - R.C. 2901.05(A)(5) - REGAN TOKES LAW: Defendant's felonious assault conviction was supported by sufficient evidence and was not against the manifest weight of the evidence where surveillance video showed defendant run up to victim, punch victim in the face, and repeatedly kick victim in the head and chest, and body camera footage, photographs, hospital records, and testimony supported jury's finding that victim suffered serious physical harm from the attack. Defendant's indefinite sentence was not unconstitutional pursuant to State v. Hacker, 173 Ohio St.3d 219, 2023-Ohio-2535. | Edelstein | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1670 |
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State v. Grinnell
| 23AP-600 | The trial court did not err in denying appellant’s motion to correct sentencing entry because he failed to demonstrate the sentencing entry inaccurately reflects what the court actually decided. Judgment affirmed. | Luper Schuster | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1666 |
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State ex rel. Gideon v. Page
| 23AP-492 | PROHIBITION – CIV.R. 60(B) –SETTLEMENT AGREEMENT ENFORCEMENT – SUBJECT-MATTER JURISDICTION — EMINENT DOMAIN: General division of common pleas court does not patently and unambiguously lack subject-matter jurisdiction over city's motion for relief from judgment pursuant to Civ.R. 60(B) or motion to enforce settlement agreement in eminent domain action where property owner claimed settlement documents materially differed from terms of parties’ agreement and refused to execute the settlement documents. Objections to magistrate’s decision overruled; magistrate’s decision adopted; writ of prohibition denied. | Edelstein | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1219 |
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Everhart v. Coshocton Cty. Mem. Hosp.
| 21AP-74 | The trial court did not abuse its discretion by denying appellant’s motion for leave to file a third amended complaint. Judgment affirmed. | Mentel | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1671 |
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State v. V.J.
| 23AP-520 | The trial court did not abuse its discretion finding that appellant failed to demonstrate that he was unavoidably prevented from discovering his cousin’s statement prior to the expiration of the 120-day period provided in Crim.R. 33. Judgment affirmed. | Mentel | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1668 |
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State ex rel. Williams v. Ohio Adult Parole Auth.
| 23AP-541 | The complaint for writ of mandamus is dismissed for failure to comply with R.C. 2969.25(A). Relator’s motion to amend and respondent’s motion to dismiss are moot. The court adopts the magistrate’s decision, including the findings of fact and conclusions of law therein. | Jamison | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1667 |
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State v. Burns
| 23AP-336 | In a prosecution of appellant for violating an order of protection, the trial court did not commit plain error by permitting the State to provide basic facts of the case to the venire because no jury indoctrination occurred. Other acts evidence and opinion testimony as to witness credibility was admissible because defense counsel’s cross-examination of the State’s witnesses opened the door to this evidence. Defense counsel did not provide deficient performance under Strickland. Appellant was not denied a fair trial due to cumulative error. Judgment affirmed. | Jamison | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1669 |
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Hinkle v. Mingo
| 23AP-660 | The common pleas court did not err in granting Judge Mingo’s motion to dismiss for failure to state a claim upon which relief may be granted where Hinkle sought review of a previous decision of the municipal court. | Luper Schuster | Franklin |
4/30/2024
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4/30/2024
| 2024-Ohio-1665 |
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State ex rel. Byk v. Indus. Comm.
| 17AP-511 | WORKERS’ COMPENSATION – SCHEDULED-LOSS BENEFITS – R.C. 4123.57(B) – ACCRUED BENEFITS CLAIM BY SURVIVING DEPENDENTS – R.C. 4123.60: Because nothing in the scheduled-loss compensation statute, R.C. 4123.57(B), requires proof of “direct trauma” to an injured worker’s extremity in order to substantiate an award for the permanent loss of use of hands, arms, legs, or feet, the commission erred in extending the Supreme Court of Ohio’s holding in State ex rel. Smith v. Indus. Comm., 138 Ohio St.3d 312, 2014-Ohio-513 to claims involving loss of function of extremities caused by brain injury where objective and reliable medical evidence showed the existence of a loss as contemplated by R.C. 4123.57(B). Commission’s erroneous reliance on Smith as the sole basis for denying injured worker’s claim while he was alive did not have collateral estoppel consequences on surviving spouse’s subsequent application, pursuant to R.C. 4123.60, for scheduled-loss compensation that had accrued and would have been due to her husband at the time of his death. Magistrate erred in evaluating the substantive merits of wife’s claim in the first instance, instead of returning the matter to the commission for an initial adjudication through the appropriate administrative process. Objections to magistrate’s decision sustained in part and overruled in part; limited writ of mandamus granted. | Edelstein | Franklin |
4/25/2024
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4/25/2024
| 2024-Ohio-1598 |
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One Church v. Brotherhood Mut. Ins. Co.
| 23AP-457 | Trial court erred in granting insured’s motion for judgment on the pleadings. Construing as true all material allegations in the complaint, with all reasonable inferences to be drawn therefrom in favor of the non-moving party insured, the court cannot find beyond doubt that plaintiff could prove no set of facts in support of their claim that would entitle them to relief. | Dorrian | Franklin |
4/25/2024
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4/25/2024
| 2024-Ohio-1601 |
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In re H. L.
| 23AP-94 | The trial court did not abuse its discretion in denying mother's request for a continuance and proceeding with the permanent custody proceedings in her absence or in denying mother's motion for the appointment of a guardian ad litem. | Luper Schuster | Franklin |
4/25/2024
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4/25/2024
| 2024-Ohio-1600 |
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State v. Williamson
| 22AP-135 & 22AP-136 | INEFFECTIVE ASSISTANCE OF COUNSEL - MANDATORY FINE - INDIGENCY - R.C. 2929.18(B)(1): Trial counsel was ineffective in failing to file affidavit of indigency alleging defendant was unable to pay mandatory fines set forth in R.C. 2929.18(B)(1) for two second-degree felony drug offenses where there was a reasonable probability trial court would have found defendant indigent and unable to pay fines had affidavit been timely filed. Trial counsel was not otherwise ineffective and trial court did not err in imposing an aggregate indefinite prison sentence of 7 to 10.5 years. Judgments affirmed, in part, and reversed, in part; cause remanded. | Edelstein | Franklin |
4/25/2024
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4/25/2024
| 2024-Ohio-1599 |
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White v. State Med. Bd. of Ohio
| 23AP-587 | The trial court erred in reversing the order of the State Medical Board of Ohio (“board”) indefinitely suspending appellee’s medical license for at least one year. Contrary to the trial court’s decision, the board did not violate R.C. 119.07 or appellee’s due process rights. Judgment reversed; cause remanded. | Luper Schuster | Franklin |
4/23/2024
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4/23/2024
| 2024-Ohio-1553 |
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State ex rel. Sajn v. Vogel
| 23AP-758 | Petition is sua sponte dismissed. The court adopts the magistrate’s decision, including the findings of fact and the conclusions of law therein, as our own and conclude that Relator has failed to comply with the mandatory requirements of R.C. 2969.25(C). | Boggs | Franklin |
4/23/2024
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4/23/2024
| 2024-Ohio-1552 |
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State v. Preece
| 22AP-252 | Appeal from jury verdict finding defendant guilty of felonious assault with a law enforcement victim specification. The evidence at trial was sufficient to establish that the defendant acted with a knowing mental state, the defendant was not prejudiced by victim’s testimony that he had encountered the defendant “dozens of times” in the past as evidence was admitted without objection for a permissible purpose and admission was not plainly erroneous, and finding of guilt was not against the manifest weight of the evidence. Defendant’s indefinite sentence was not unconstitutional pursuant to State v. Hacker. Assignments of error overruled and judgment affirmed. | Beatty Blunt | Franklin |
4/23/2024
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4/23/2024
| 2024-Ohio-1556 |
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Frye v. Am. Honda Motor Co., Inc.
| 23AP-490 | Judgment affirmed. In the event of a proposed automobile dealership transfer, R.C. 4517.56(A) obligates the current franchisee to provide the automobile manufacturer with information regarding the prospective transferee’s prospective management personnel. Neither the franchisee nor appellants, the prospective transferees herein, provided Honda with information regarding appellants’ prospective management personnel, and appellants failed to demonstrate any prejudice resulting from Honda’s failure to evaluate their prospective management personnel. Although Honda’s policies provided for a sales performance metric based on state averages, Honda reasonably relied on alternative, local-based metrics to conclude that appellants’ poor sales performance at their current Honda dealership demonstrated appellants were unlikely to comply with the terms of the franchise agreement then in effect at another Honda dealership. | Dorrian | Franklin |
4/23/2024
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4/23/2024
| 2024-Ohio-1554 |
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State v. Hoy
| 23AP-38; 23AP-39; 23AP-40; 23AP-41; 23AP-42; 23AP-43; 23AP-44; 23AP-45; 23AP-46; 23AP-47 | The trial court failed to make required findings pursuant to R.C. 2929.14(C)(4) at sentencing hearing in order to impose consecutive sentences. Judgments reversed and remanded for resentencing. | Edelstein | Franklin |
4/23/2024
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4/23/2024
| 2024-Ohio-1555 |
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State ex rel. Steen v. Bishop
| 23AP-351 | The magistrate correctly concluded that relator is entitled to a writ of quo warranto ousting respondent from the office of the governor-appointed investment expert member of the State Teachers Retirement System board (“STRS board”) and reinstating relator to that office. R.C. 3307.05(C) defines the governor’s authority to appoint an investment expert to the STRS board, and it requires the appointment to be for a four-year term. The absence of language in R.C. 3307.05(C) that an appointee to a full four-year term of office as an investment expert member of the STRS board “shall hold office” for four years does not require the conclusion that the appointee serves at the governor’s pleasure and can be removed at will. The general assembly knows how to express that a public officer serves at the pleasure of the governor, and it did not do so here. The governor’s authority to appoint an investment expert to the STRS board does not include the authority to unilaterally remove the appointee. Respondent’s objections are overruled, relator’s motion for summary judgment is granted, and a writ of quo warranto is granted. | Boggs | Franklin |
4/18/2024
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4/18/2024
| 2024-Ohio-1489 |
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In re M.M.
| 23AP-284 | Competent, credible evidence supported juvenile court’s findings, by clear and convincing evidence, that granting permanent custody to FCCS was in child’s best interest. | Leland | Franklin |
4/18/2024
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4/18/2024
| 2024-Ohio-1488 |
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Bandaru v. State
| 23AP-586 | The Court of Claims did not err in granting OSU’s motion to strike appellants’ motion for new trial as appellants’ motion for new trial was untimely pursuant to Civ.R. 59(B). | Luper Schuster | Franklin |
4/18/2024
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4/18/2024
| 2024-Ohio-1490 |
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State v. Stewart
| 23AP-203 | The trial court did not err in denying defendant-appellant’s motions for acquittal made pursuant to Crim.R. 29. The evidence is sufficient to support his convictions for felonious assault with a firearm specification. Further, the verdicts for same are not against the manifest weight of the evidence. Judgment affirmed. | Beatty Blunt | Franklin |
4/16/2024
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4/16/2024
| 2024-Ohio-1448 |
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State ex rel. Thistledown v. Person
| 23AP-20 | The magistrate's decision contained no error of law or other defect on its face. Therefore, we adopt as our own the magistrate's decision finding that the commission did not abuse its discretion when it found that relator was entitled to TTD compensation, and that the commission’s order granting reconsideration of the SHO’s order denying TTD compensation did not lack any legal basis supporting continuing jurisdiction over the case.. Accordingly, relator's request for a writ of mandamus is denied. | Beatty Blunt | Franklin |
4/16/2024
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4/16/2024
| 2024-Ohio-1449 |
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State ex rel. Universal Metal Products, Inc. v. Indus. Comm.
| 22AP-608 | Commission did not abuse its discretion in granting claimant’s VSSR application because there was some evidence in the record to support a finding that relator was aware that one of the levers on the press claimant was operating had been disabled. Relator’s objection overruled and magistrate's decision adopted. Writ of mandamus denied. | Jamison | Franklin |
4/16/2024
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4/16/2024
| 2024-Ohio-1450 |
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State v. Stanford
| 21AP-351 | The trial court properly allowed the admission of other acts, brought appellant to trial within the time required by statute, and sentenced him to consecutive prison terms and the maximum available prison term. Appellant’s trial counsel was not ineffective, and there was sufficient evidence for the conviction. Judgment affirmed. | Jamison | Franklin |
4/16/2024
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4/16/2024
| 2024-Ohio-1451 |
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State ex rel. Freedom Ctr. v. Indus. Comm.
| 22AP-87 | The magistrate properly applied the relevant law to the salient facts in reaching the conclusion that relator is not entitled to a writ of mandamus. Dr. Kistler’s report is “some evidence” upon which the commission properly relied in finding that respondent Singletary was entitled to PTD benefits Objections overruled; magistrate's decision adopted, and complaint dismissed. | Beatty Blunt | Franklin |
4/11/2024
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4/11/2024
| 2024-Ohio-1376 |
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State ex rel. Stone v. Ohio Adult Parole Auth.
| 23AP-626 | The magistrate's decision contained no error of law or other defect on its face. Therefore, we adopt as our own the magistrate's decision finding that that the motion of OAPA to dismiss the action based on relator’s failure to comply with the requirements of R.C. 2969.25(C). Accordingly, relator's request for a writ of mandamus is denied, and relator’s motion to transfer the case to the accelerated calendar is found moot. Complaint dismissed. | Beatty Blunt | Franklin |
4/11/2024
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4/11/2024
| 2024-Ohio-1379 |
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Rastaturin v. 3165 Curtis Knoll Drive, L.L.C.
| 23AP-500 | Appellants failed to provide timely notice of termination, causing the lease agreement to automatically renew for the following month. The trial court did not err in adopting the magistrate's decision in favor of appellee and denying appellants' objection. Judgment affirmed. | Leland | Franklin |
4/11/2024
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4/11/2024
| 2024-Ohio-1378 |
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State v. Ellison
| 23AP-5 | Appellant’s conviction and sentence for aggravated murder with a firearm specification is reversed, because appellant was denied his constitutional right to the effective assistance of counsel. Appellant was completely deprived of counsel at critical stages leading up to the trial court’s vacation of his initial guilty plea, pursuant to a plea agreement with state, to the lesser offense of murder with a firearm specification. Prosecutors twice met and talked with appellant outside the presence of appellant’s counsel during critical stages of the proceedings. Appellant was also denied the right to the effective assistance of counsel at the hearing during which the trial court vacated his initial guilty plea. The trial court’s last-minute appointment of replacement counsel who had no relationship with appellant and no knowledge of appellant’s case beyond what he was told in the moment by prosecutors did not afford appellant effective assistance of counsel. Under the circumstances, the likelihood that any replacement lawyer, even a fully competent one, could have provided effective assistance was so small that a presumption of prejudice was appropriate. | Boggs | Franklin |
4/11/2024
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4/11/2024
| 2024-Ohio-1377 |
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Hall v. Bricker
| 23AP-140 | DIVORCE – FINANCIAL MISCONDUCT – MARITAL ASSET VALUATION – MARITAL ASSET DIVISION – R.C. 3105.171: Trial court erred in valuing and dividing marital assets, assigning marital debt to husband as separate property, and in finding that husband engaged in financial misconduct. Judgment reversed and cause remanded. | Edelstein | Franklin |
4/9/2024
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4/9/2024
| 2024-Ohio-1339 |
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State v. Metters
| 21AP-692 | Trial court erred when it refused to instruct the jury on the lesser-included offense of reckless assault and convicted appellant of felonious assault of a peace officer because the evidence, when construed in appellant’s favor, permitted a reasonable trier of fact to find that appellant acted recklessly rather than knowingly. Judgment reversed and case remanded for a new trial. | Jamison | Franklin |
4/9/2024
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4/9/2024
| 2024-Ohio-1338 |
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State ex rel. Hayes v. Phipps
| 23AP-562 | Complaint for a writ of mandamus dismissed. The decision of the magistrate recommending dismissal for the complaint's failure to adhere to the pleading requirements of the Ohio Civil Rules, to which no party objected, is adopted. | Mentel | Franklin |
4/4/2024
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4/4/2024
| 2024-Ohio-1286 |
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State v. R.L.W.
| 23AP-209 | The trial court erred in concluding that it was not the appropriate venue to rule on defendant’s application to seal the records of the dismissal of a charge against defendant for aggravated robbery. | Boggs | Franklin |
4/2/2024
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4/2/2024
| 2024-Ohio-1249 |
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Holloway v. Ohio Adult Parole Auth.
| 23AP-477 | Though R.C. 2969.25(A) is not grounds for dismissal here, dismissal of the action is appropriate nonetheless due to Holloway’s failure to comply with R.C. 2969.25(C) and 2731.04. | Luper Schuster | Franklin |
4/2/2024
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4/2/2024
| 2024-Ohio-1248 |
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State v. Peoples
| 23AP-374 | Judgment of the Franklin County Court of Common Pleas is affirmed. Trial court did not abuse its discretion in issuing the 2008 corrected judgment entry nunc pro tunc to reflect the sentence imposed in 2002 without holding a resentencing hearing. Appellant’s motion for resentencing is also barred by res judicata. | Boggs | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1220 |
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State ex rel. Emmer-Lovell v. Indus. Comm.
| 22AP-356 | Commission failed to engage in complete analysis of whether job offer was made in good faith before terminating claimant’s TTD compensation over refusal of suitable alternate employment. Relator’s objections to magistrate decision sustained in part and overruled in part; limited writ of mandamus granted. | Edelstein | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1225 |
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Freeman v. Ohio Elections Comm.
| 23AP-14 | Judgment affirmed. The common pleas court did not abuse its discretion by rejecting appellants’ contention that the Ohio Elections Commission refused to allow appellants’ attorney to testify. The common pleas court did not err by rejecting appellants’ due process violation claim, because the substance of the complaints alleged violations of R.C. 3517.10(A)(1) and (2) and 3517.13(B) and (C), and because appellants knew the charges against them and had a reasonable opportunity to defend against those charges at the hearings before the commission. Pursuant to R.C. 3517.992(A)(1), the commission properly imposed the fine against the candidate, Allen Freeman, for his committee’s violation of R.C. 3517.13. Because appellants did not raise their vicarious liability argument during the administrative proceedings, they waived the argument. The $50,000 fine was authorized by law, and the commission properly imposed the fine against both Freeman and his committee. | Boggs | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1223 |
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State ex rel. Davidson v. John T. Lohrer Constr. Co.
| 22AP-465 | The decision of the magistrate, to which no party filed objections, is adopted. Because the claimant was unable to work as a direct result of the allowed surgery that was necessitated by his workplace injury, he is entitled to temporary total disability compensation under R.C. 4123.56(F). Writ of mandamus granted. | Mentel | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1224 |
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Columbus City School Dist. v. State
| 24AP-60 | Trial court order granting the motion to quash a deposition subpoena filed by a non-party Ohio legislator and modifying the subpoena pursuant to Civ.R. 45(C) to permit plaintiff-appellees to submit twenty written deposition questions was not a final, appealable order where plaintiff-appellees has not submitted any deposition questions and the record was insufficiently developed to establish that the questions would result in the disclosure of any information protected by legislative privilege. Motion to dismiss granted; appeal dismissed. | Boggs | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1217 |
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Rinehart v. Rinehart
| 23AP-233 | Trail court erred when it equally divided the premarital equity in the parties’ residence because the weight of the evidence showed that home was purchased prior to the marriage, appellant paid the downpayment out of his own separate bank account, and appellee failed to produce any evidence to support her claim that she contributed more than $1,300 toward the down payment. Judgment reversed. | Jamison | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1221 |
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State ex rel. Foulkrod v. Indus. Comm.
| 23AP-52 | Finding no error in the magistrate’s findings of fact or conclusions of law, we adopt the magistrate’s decision and grant relator’s request for a writ of mandamus ordering the Industrial Commission of Ohio to vacate its fee-controversy letter regarding a fee dispute between realtor and her former legal counsel and to conduct further proceedings as may be required to resolve the dispute in accordance with law. | Boggs | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1222 |
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State ex rel. Smith v. Indus. Comm.
| 22AP-112 | The magistrate properly determined that the commission did not abuse its discretion and that there was some evidence to support invoking the commission’s continuing jurisdiction because of a mistake of fact and denying temporary total disability compensation. Compensation was based on claimant’s testimony that he was unable to work due to occupational illness and the medical evidence did not support the assertion. Writ of mandamus denied. | Jamison | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1226 |
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State v. Berk
| 23AP-518 | Trial court did not err in denying motion, whether construed as a petition for postconviction relief or a motion for relief from judgment. As a postconviction petition, petition was untimely, and appellant conceded he was aware of facts at time of trial and report was not new evidence. Neither was relief justified under Civ.R. 60(B) when motion was untimely and appellant failed to address required elements or set forth a basis for relief. Judgment affirmed. | Edelstein | Franklin |
3/29/2024
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3/29/2024
| 2024-Ohio-1218 |
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State ex rel. Massimiani v. Ohio Adult Parole Auth.
| 23AP-371 | Relator’s original action for a writ of mandamus ordering the Ohio Adult Parole Authority to grant him additional days of jail-time credit is moot because relator has been released from incarceration. Finding no error in the magistrate’s findings of fact or conclusions of law, we adopt the magistrate’s decision, grant the parole authority’s motion for summary judgment, and deny realtor’s request for a writ of mandamus. | Boggs | Franklin |
3/28/2024
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3/28/2024
| 2024-Ohio-1181 |
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