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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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State v. Cerrato
| 7-23-14 | SENTENCING; R.C. 2929.144; INEFFECTIVE ASSISTANCE OF COUNSEL; ALLIED OFFENSES OF SIMILAR IMPORT; R.C. 2941.25. The defendant-appellant’s sentence is not authorized by law and is contrary to law because the trial court incorrectly calculated the aggregate maximum term of imprisonment. The defendant-appellant’s trial counsel was not ineffective for stipulating that her involuntary-manslaughter and felonious-assault convictions are not allied offenses of similar import. | Zimmerman | Henry |
5/6/2024
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5/6/2024
| 2024-Ohio-1735 |
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State v. Moore
| 9-23-25 | Double Jeopardy; Motion to Dismiss; Venue; Motion for Acquittal; Crim.R. 29. The Ohio Supreme Court has held that state and federal double jeopardy protections are coextensive. A judicial determination that venue is improper, even if styled as a "motion for acquittal," does not determine the culpability of the defendant; does not trigger constitutional double-jeopardy protections; and does not bar a retrial of the relevant charges in a proper venue. | Willamowski | Marion |
5/6/2024
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5/6/2024
| 2024-Ohio-1736 |
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State v. Bender
| 14-23-12 | SUFFICIENCY; MANIFEST WEIGHT; FELONIOUS ASSAULT; SELF DEFENSE; MISTRIAL; 5TH AMENDMENT; JURY INSTRUCTIONS; INFERIOR-DEGREE-OFFENSE INSTRUCTION; STAND-YOUR-GROUND LAW; VERDICT FORMS; SENTENCING; REAGAN TOKES LAW. The defendant-appellant’s felonious-assault conviction is not against the manifest weight of the evidence because the trier of fact did not lose its way including that the defendant-appellant did not act in self-defense. The trial court did not abuse its discretion by denying the defendant-appellant’s motions for a mistrial because the prosecutor did not improperly address the defendant-appellant’s invocation of his Fifth Amendment privilege against self-incrimination or his pre-arrest, pre-Miranda silence. The trial court did not abuse in instructing the jury. | Zimmerman | Union |
5/6/2024
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5/6/2024
| 2024-Ohio-1750 |
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State v. Rawlins
| 1-22-77 | JOINDER; SEVERANCE; CRIM.R. 8, 12, 13, 14; EVID.R. 404(B); MANIFEST WEIGHT OF THE EVIDENCE; RAPE; RAPE SHIELD LAW. The trial court did not abuse its discretion by joining cases involving similar offenses, occurring separately, and with different victims because evidence of each offense would have been admissible at separate trials under Evid.R. 404(B). The defendant-appellant’s rape conviction under R.C. 2907.02(A)(2) was not against the manifest weight of the evidence. The trial court did not abuse its discretion by excluding the victim’s testimony regarding her prior sexual activity with the defendant-appellant. | Zimmerman | Allen |
5/6/2024
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5/6/2024
| 2024-Ohio-1733 |
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State v. Barnes
| 14-23-33 | R.C. 2945.71; R.C. 2963.30; Speedy trial; Interstate Agreement on Detainers; Effect of guilty plea on right to raise speedy trial claim on appeal. The judgment of conviction and sentence entered in the trial court is affirmed as the defendant-appellant's guilty plea waived the right to raise a statutory speedy trial claim on appeal. | Waldick | Union |
5/6/2024
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5/6/2024
| 2024-Ohio-1737 |
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GROB Sys., Inc. v. McDermott
| 5-23-44 | Bench Trial; Manifest Weight; Contract; Breach; Damages. Trial court's determination to prorate damages for breach of contract was supported by the evidence. | Waldick | Hancock |
5/6/2024
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5/6/2024
| 2024-Ohio-1734 |
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State v. O'Day
| 15-22-08 | Motion to Suppress Evidence; Failure to Comply; Crim.R. 29; Sufficiency of Evidence; Manifest Weight. The trial court did not err by denying defendant-appellant's motion to suppress evidence. The trial court did not err by denying defendant-appellant's Crim.R. 29 motion. Defendant-appellant's conviction for failure to comply with order or signal of a police officer is supported by sufficient evidence and is not against the manifest weight of the evidence. | Miller | Van Wert |
4/29/2024
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4/29/2024
| 2024-Ohio-1654 |
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State v. Criswell
| 9-23-72 | Sentencing; Consecutive Sentences. Sentence was not clearly and convincingly contrary to law. R.C. 2929.14(C)(4) was not implicated where multiple prison terms were not being imposed. | Waldick | Marion |
4/29/2024
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4/29/2024
| 2024-Ohio-1628 |
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In re Adoption of G.O.D.
| 4-23-11 | Adoption; Consent to adoption; Service of notice; Service by publication. The trial court did not err in finding that the consent of the biological father was not required for the adoption of his son as the father failed to timely object to the adoption after being served notice by publication. | Waldick | Defiance |
4/29/2024
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4/29/2024
| 2024-Ohio-1627 |
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Marysville Exempted Village School Dist. Bd. of Edn. v. Union Cty. Bd. of Revision
| 14-23-31 & 14-23-32 | Property tax appeals; R.C. 5717.01; R.C. 2506.01; Right of school board to appeal to Board of Tax Appeals. The trial court did not err in dismissing the board of revision appeals filed by the school board in the Court of Common Pleas, when appeals had already permissibly been filed with the Board of Tax of Appeals. | Waldick | Union |
4/29/2024
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4/29/2024
| 2024-Ohio-1629 |
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State v. Carroll
| 3-23-30 | Constructive Possession; Knowingly; R.C. 2925.11(A). Mere proximity to drugs is not sufficient to establish that a defendant was in constructive possession of the contraband. However, proximity can be used to establish constructive possession in conjunction with other facts that suggest the defendant had dominion or control over the contraband. | Willamowski | Crawford |
4/29/2024
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4/29/2024
| 2024-Ohio-1626 |
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State v. Daniels
| 3-23-25 | Sufficient Evidence; Manifest Weight; Possession of a Fentanyl-Related Compound; Tampering with Evidence. Possession can be established through circumstantial evidence. Direct and circumstantial evidence have the same probative value. A sufficiency-of-the-evidence analysis examines whether the State has carried its burden of production. A manifest-weight analysis examines whether the State has carried its burden of persuasion. | Willamowski | Crawford |
4/22/2024
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4/22/2024
| 2024-Ohio-1536 |
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Heberling v. Deckard
| 6-23-10 | Magistrates; Civ.R. 53; Nonparent Custody; R.C. 2151.23(A); Evid.R. 702(B); Juv.R. 34(B)(2). The trial court did not commit reversible error when the magistrate presided over the evidentiary hearing, the magistrate did not issue a magistrate’s decision, and the magistrate was elected judge of the common pleas court and then issued the judgment. The trial court did not err in concluding defendant-appellant father was unsuitable to be designated as the residential parent and legal custody of his son. | Miller | Hardin |
4/22/2024
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4/22/2024
| 2024-Ohio-1535 |
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State v. Thomas
| 9-23-65 | Evid.R. 901; Authentication; 6th Amendment; Confrontation Clause; Testimonial Statements; Hearsay; Evid.R. 804(B)(6); Forfeiture by Wrong Doing; Stipulation as to Prior Conviction; Cumulative Error; R.C. 2945.75; Verdict Forms. The judgment of conviction and sentence entered in the trial court is reversed in part, due to the verdict forms failing to set forth the aggravating elements of two crimes charged. The trial court's judgment is affirmed in all other respects. | Waldick | Marion |
4/22/2024
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4/22/2024
| 2024-Ohio-1534 |
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Vance v. Vance
| 13-23-07 | Magistrates; Civ.R. 53; R.C. 3105.171; Division of Marital Property; R.C. 3105.18; Spousal Support; R.C. 3109.051; Parenting Time. The trial court did not commit reversible error when the magistrate presided over the evidentiary hearing, the magistrate did not issue a magistrate’s decision, and the magistrate was elected judge of the common pleas court and then issued the judgment. The trial court’s decisions concerning spousal support and the division of property in the parties’ divorce were not against the manifest weight of the evidence. The trial court did not abuse its discretion in granting appellee-husband parenting time with his minor children. | Miller | Seneca |
4/22/2024
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4/22/2024
| 2024-Ohio-1533 |
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Schultete v. Steinke
| 1-23-52 | Summary Judgment, Dram Shop Act, Discovery, Motion to Compel, Stacking Inferences. Trial court did not err in granting summary judgment when the only facts supporting the appellant's case required the stacking of inferences. Trial court did not err in not giving additional time to complete discovery and respond to the summary judgment motion when the trial court did not rule on the motion for over a year and no request for extension was filed. The trial court did not err in denying the motion to compel a forensic inspection of cell phones. | Willamowski | Allen |
4/22/2024
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4/22/2024
| 2024-Ohio-1538 |
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Platt v. Orick
| 2-23-11 | Custody; Parental Unfitness; Jurisdiction. Trial court had jurisdiction to determine custody matter. Findings were supported by the evidence, and criminal statute was not relevant or applicable in these proceedings. | Waldick | Auglaize |
4/22/2024
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4/22/2024
| 2024-Ohio-1537 |
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State v. Barton
| 13-23-22 | Endangering Children; Grand Jury; Fifth Amendment; Bill of Particulars. Conviction for Endangering Children supported by the evidence. Trial court did not abuse its discretion by denying motion for mistrial based on Fifth Amendment issues. | Waldick | Seneca |
4/15/2024
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4/15/2024
| 2024-Ohio-1417 |
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Smith v. Honda
| 8-23-17 | Civ.R. 49. Trial court did not abuse its discretion by finding jury interrogatories redundant. | Waldick | Logan |
4/15/2024
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4/15/2024
| 2024-Ohio-1418 |
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State v. Jones
| 3-23-32 | Abuse of discretion; Community control violation; Prison term. The trial court did not abuse its discretion by determining that defendant-appellant was in violation of the terms of his community control. Further, the trial court did not err by imposing a prison term as a result of defendant-appellant's violation of the terms of his community control. | Miller | Crawford |
4/15/2024
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4/15/2024
| 2024-Ohio-1420 |
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Smith v. Perkins
| 5-23-18 | DEFAULT JUDGMENT; CIV.R. 55; COMPENSATORY DAMAGES; PUNITIVE DAMAGES; CIV.R. 36; REQUEST FOR ADMISSIONS; MOTION TO STRIKE; MOTION IN LIMINE. Because the grounds for granting a Civ.R. 36(B) motion were satisfied, the trial court did not abuse its discretion by proceeding with a hearing on the issue of damages. The trial court did not abuse its discretion by granting a default judgment in favor of plaintiff-appellant and awarding him $250.00 in compensatory damages. The trial court’s damages award is not against the manifest weight of the evidence. | Zimmerman | Hancock |
4/15/2024
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4/15/2024
| 2024-Ohio-1419 |
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State v. Rogan
| 2-23-01 | Ineffective Assistance of Counsel; Crim.R. 32.1; Presentence Motion to Withdraw Plea; Consecutive Sentencing; R.C. 2929.14(C)(4). Defendant-appellant failed to demonstrate that he received ineffective assistance of counsel. The trial court did not abuse its discretion by denying defendant-appellant’s motion to withdraw his guilty pleas. Because the trial court made the findings required by R.C. 2929.14(C)(4) before imposing consecutive sentences and those findings are supported by the record, defendant-appellant’s consecutive sentences are not clearly and convincingly unsupported by the record or otherwise contrary to law. | Miller | Auglaize |
4/9/2024
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4/9/2024
| 2024-Ohio-1334 |
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State v. Brown
| 1-22-78 | Recording of Criminal Proceedings; Crim.R. 22; Side-bar conferences; Chambers conferences; Sufficiency of the Evidence; Manifest Weight of the Evidence; Ineffective Assistance of Counsel. The trial court did not err by the purported inadequacy of the record since the defendant-appellant was unable to demonstrate any prejudice, let alone, material prejudice. The defendant-appellant’s trafficking-in-drugs conviction is based on sufficient evidence and is not against the manifest weight of the evidence. Defendant-appellant’s trial counsel was not ineffective as to pre-trial events or at trial. | Zimmerman | Allen |
4/9/2024
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4/9/2024
| 2024-Ohio-1333 |
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State v. Cline
| 6-23-14 & 6-23-16 | Guilty Plea; Waiver; Crim.R. 5; Consecutive Sentences. Appellant waived any issues with regard to Crim.R. 5 by pleading guilty. Consecutive sentences were not clearly and convincingly contrary to law. | Waldick | Hardin |
4/9/2024
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4/9/2024
| 2024-Ohio-1337 |
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State v. Ritter
| 5-23-23 | Sufficient Evidence; Manifest Weight; Aggravated Possession of Drugs. Possession can be actual or constructive. Constructive possession exists where a person is able to exercise dominion and control over an item even if he or she is not found in physical control of the item in question. The State may establish constructive possession through circumstantial evidence alone. Mere physical proximity is not sufficient to establish constructive possession. However, close physical proximity can be used to support a finding of constructive possession if other facts that suggest dominion and control are presented at trial. | Willamowski | Hancock |
4/9/2024
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4/9/2024
| 2024-Ohio-1336 |
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In re Adoption of G.A.J.
| 4-23-05 | Adoption; De minimus maintenance and support; Consent; R.C. 3107.07; Notice of the Adoption Petition; R.C. 3107.11; 14-day Objection Period; Harmless Error. The trial court did not err by determining that respondent-appellant’s consent to the petitioner-appellee’s adoption of G.A.J. was not required under R.C. 3107.07(K). | Zimmerman | Defiance |
4/9/2024
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4/9/2024
| 2024-Ohio-1335 |
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In re L.A.
| 13-23-23 | Ineffective assistance of counsel; Motion to withdraw; Abuse of discretion; Motion to extend deadline. Generally, parties to a civil proceeding are unable to challenge a civil judgment on the basis of receiving ineffective assistance from retained trial counsel. The trial court did not abuse its discretion by denying a request to extend the deadline to file transcripts. | Miller | Seneca |
4/1/2024
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4/1/2024
| 2024-Ohio-1241 |
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In re D.C.-F.
| 1-23-34 | Permanent Custody; Manifest Weight of the Evidence; Best Interest; Reasonable Efforts. The trial court's judgment terminating parental rights was supported by clear and convincing evidence and was not against the manifest weight of the evidence. The trial court did not abuse its discretion by determining that the agency made reasonable efforts toward reunification under the circumstances presented in this appeal. | Zimmerman | Allen |
4/1/2024
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4/1/2024
| 2024-Ohio-1237 |
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Diller v. Pennucci
| 10-23-07 | Wills; Anti-Lapse; R.C. 2107.52; Retroactivity; Law of the Case Doctrine. Law of the case doctrine prevented trial court from altering this court's prior decision in Diller I. Further, even if the law of case doctrine did not apply, statute could not be applied retroactively here because it impaired vested rights of appellee. | Waldick | Mercer |
4/1/2024
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4/1/2024
| 2024-Ohio-1244 |
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State v. Ferguson
| 8-23-14 | Motion to Suppress; Voluntary Statements; Totality of the Circumstances; Coercive Tactics. Voluntary confessions are admissible. A statement is not voluntary if, under the totality of the circumstances, law enforcement obtained the confession through coercion or improper inducement. Under this test, the existence of a coercive police tactic is a predicate to finding a confession was involuntary. If a coercive tactic was found, an appellate court must then examine the totality of the circumstances to determine whether the defendant's will was overborn by the coercive tactic. | Willamowski | Logan |
4/1/2024
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4/1/2024
| 2024-Ohio-1239 |
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State v. Cook
| 14-23-36 | Motions for a new trial; Crim.R. 33; Unavoidably prevented from the discovery of new evidence. The trial court did not abuse its discretion in overruling the new trial motion filed by defendant-appellant. | Waldick | Union |
4/1/2024
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4/1/2024
| 2024-Ohio-1242 |
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In re Adoption of A.M.Z.
| 13-23-21 | R.C. 3107.07(A); Consent to Adoption; Right to Counsel. An indigent parent may waive his or her right to counsel expressly or through conduct. A waiver of the right to counsel must be voluntarily, knowingly, and intelligently made. A natural parent's consent to adoption is not required if, in the year preceding the filing of the petition for adoption, the natural parent failed without justifiable cause to either engage in more than de minimis contact with the child or to provide for the maintenance and support of the child as required by a judicial decree or by law. | Judge John R. Willamowski | Seneca |
4/1/2024
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4/1/2024
| 2024-Ohio-1240 |
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State v. Cornett
| 2-23-12 | FELONY SENTENCING; R.C. 2953.08(G)(2)(a); R.C. 2929.11; R.C. 2929.12. Defendant-appellant’s sentence is not contrary to law because his sentence is within the sentencing range and the trial court properly considered R.C. 2929.11 and 2929.12. | Zimmerman | Auglaize |
4/1/2024
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4/1/2024
| 2024-Ohio-1238 |
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In re M.C.
| 16-23-06 | Reunification; Custody Determination; Paternity; Reasonable Efforts; Best Interest of the Child. Trial court was not required to make a reasonable efforts finding when the children were being returned to the home of one of the two parents and the Agency took no position on which home as it determined both were acceptable. Trial court did not err in determining that placement in father's home was in the best interest of the child when both parents requested an arrangement similar to shared parenting and that was what was ordered. The trial court merely placed the child with father for the purpose of education, which maintained the current school district. | Willamowski | Wyandot |
4/1/2024
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4/1/2024
| 2024-Ohio-1243 |
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State v. Knott
| 13-23-16 | Manifest weight, ineffective assistance of counsel. Conviction for robbery was not against the manifest weight of the evidence when jury could determine the credibility of the witness and observe security footage of the incident. Counsel was not ineffective for failing to argue complicity did not apply when complicity was not charged and the jury was not instructed on complicity. | Willamowski | Seneca |
3/25/2024
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3/25/2024
| 2024-Ohio-1109 |
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State v. Murray
| 14-23-29 | Judicial Release; R.C. 2929.20(J); Felony Sentencing; R.C. 2953.08; Clear and Convincing Evidence. Before granting an eligible offender's motion for judicial release, the trial court must make the findings required under R.C. 2929.20(J) and specifically list the relevant R.C. 2929.12 factors that were presented at the hearing. | Willamowski | Union |
3/25/2024
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3/25/2024
| 2024-Ohio-1110 |
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State v. Hardy
| 7-23-10 | Rape; Sufficient Evidence; Criminal Rule 29; Manifest Weight of the Evidence. Evidence was sufficient to support a conviction for rape when testimony and DNA tests showed that sexual conduct occurred and victim testified to force. Conviction was not against the manifest weight of the evidence. Since the evidence was sufficient, the trial court did not err in denying the criminal rule 29 motion for acquittal. | Willamowski | Henry |
3/25/2024
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3/25/2024
| 2024-Ohio-1107 |
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Dilgard v. McKinniss
| 5-23-36 | Summary Judgment; R.C. 955.28(B); Harborer; Landlord. A plaintiff may establish liability for a dog-bite by demonstrating that the defendant was the owner, keeper, or harborer of the dog. If the dog is owned or kept by a tenant, the landlord may be liable if he or she was a harborer of the dog. A harborer is a person who has possession or control of the premises where the dog lives. The ability to admit or exclude people from the property is the key indicator of control. | Willamowski | Hancock |
3/25/2024
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3/25/2024
| 2024-Ohio-1106 |
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State v. Ware
| 1-22-60 | Evid.R. 404(B); other-acts evidence; drug use; opportunity; intent; preparation; knowledge; Evid.R. 401; Evid.R. 403(A); unfair prejudice; invited error; plain error; inextricably intertwined; limiting instructions; Reagan Tokes Law | Hess | Allen |
3/25/2024
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3/25/2024
| 2024-Ohio-1105 |
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State v. Barrett
| 8-22-44 | R.C. 2152.12; Juv.R. 30; Probable Cause Hearing; Amenability Hearing; Complicity. The juvenile court did not err in conducting a joint probable cause hearing or in transferring defendant-appellant’s case from the juvenile court to the general division of the common pleas court for criminal prosecution. Defendant-appellant’s due process and confrontation rights were not violated. | Miller | Logan |
3/25/2024
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3/25/2024
| 2024-Ohio-1108 |
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State v. Brinkman
| 4-23-08 | SUFFICIENCY OF THE EVIDENCE; IMPORTUNING; CONSECUTIVE SENTENCES. The defendant-appellant’s importuning conviction is based on sufficient evidence. The trial court made the appropriate findings under R.C. 2929.14(C)(4) before imposing consecutive sentences. | Zimmerman | Defiance |
3/18/2024
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3/18/2024
| 2024-Ohio-1005 |
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State v. Harvey
| 1-23-35, 1-23-36 | REMISSION OF PENALTY; BOND FORFEITURE; R.C. 2937.39; SURETY. The trial court did not abuse its discretion by remitting only $70,000 of a collective $150,000 surety bond. | Zimmerman | Allen |
3/18/2024
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3/18/2024
| 2024-Ohio-1004 |
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OhioHealth Corp. v. Bishop
| 9-23-39 | SUMMARY JUDGMENT; FAIR DEBT COLLECTIONS PRACTICES ACT (FDCPA); CIV.R. 8. The trial court did not err by granting summary judgment in favor of plaintiff-appellee. Defendant-appellant failed to allege a FDCPA violation in the manner contemplated by the civil rules. | Zimmerman | Marion |
3/11/2024
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3/11/2024
| 2024-Ohio-887 |
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State v. Spangler
| 8-23-02 | Crim.R. 11; Ability to Pay; Mandatory Fine. Defendant-appellant did not demonstrate that his plea was anything other than knowing, intelligent, and voluntary. The trial court properly considered defendant-appellant’s present and future ability to pay before assessing a mandatory fine. | Miller | Logan |
3/11/2024
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3/11/2024
| 2024-Ohio-883 |
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State v. Smith
| 9-23-04 | Felonious Assault; R.C. 2903.11; Abduction; R.C. 2905.02(A)(2); Evid.R. 804(B)(1); Evid.R. 616; Merger of Offenses; R.C. 2941.25. The trial court did not err in admitting the victim's testimony from the preliminary hearing, not allowing defendant-appellant to introduce evidence of a false accusation made against him, or not merging defendant-appellant's offenses together. Defendant-appellant's convictions for felonious assault and abduction were not against the manifest weight of the evidence, and the verdict was supported by sufficient evidence. | Miller | Marion |
3/11/2024
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3/11/2024
| 2024-Ohio-886 |
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State v. Harrison
| 8-23-10 | The trial court did not err by denying defendant-appellant's motion to suppress evidence seized incident to May 27, 2020 search because R.C. 2967.131, which authorizes warrantless searches of individuals or felons on post-release control, is not unconstitutional. | Zimmerman | Logan |
3/11/2024
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3/11/2024
| 2024-Ohio-884 |
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State v. Jose
| 3-23-19 | Judicial Release; R.C. 2929.20(K). The trial court did not abuse its discretion by revoking the defendant-appellant's judicial release and reimposing his original prison sentence with credit for time already served. | Miller | Crawford |
3/11/2024
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3/11/2024
| 2024-Ohio-881 |
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State v. Saxton
| 6-23-06 | Ability to Pay; Waiver of Mandatory Fine; Ineffective Assistance of Counsel. The trial court properly considered appellant-defendant's present and future ability to pay before assessing a mandatory fine. Defendant-appellant failed to demonstrate that he received ineffective assistance of counsel. | Miller | Hardin |
3/11/2024
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3/11/2024
| 2024-Ohio-882 |
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State v. Cabrera
| 8-23-12 | Vehicular Manslaughter; Failure to Yield; R.C. 2903.06(A)(4); R.C. 4511.43(A). The evidence at trial supported a finding that defendant-appellant violated R.C. 4511.43(A) by not yielding the right-of-way to the victim's vehicle. The defendant-appellant's conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. | Miller | Logan |
3/11/2024
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3/11/2024
| 2024-Ohio-885 |
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State v. Whitaker
| 6-23-11 & 6-23-12 | The trial court properly informed defendant-appellant of the consecutive nature of her sentences. The trial court did not err by ordering defendant-appellant to pay court costs, fines, fees, court-appointed counsel fees, and reimbursement fees. | Miller | Hardin |
2/26/2024
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2/26/2024
| 2024-Ohio-696 |
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