Case Name |
Case No. |
Topics and Issues |
Author |
Decided |
WebCite |
State ex rel. Hadley v. Pike |
14 CO 14 |
Prohibition;
mandamus; trial court should have dismissed complaint filed by an
out-of-state attorney not licensed in Ohio; writ granted. |
Per Curiam |
7/25/2014 |
2014-Ohio-3310 |
State v. Crooms |
11 CO 17; 12 CO 9 |
Fifth
Amendment; Sixth Amendment; supplement the record; Crim.R. 29; Crim.R.
12; pre-trial statement; right to counsel; motion to suppress. |
Waite |
6/30/2014 |
2014-Ohio-2928 |
State v. Smith |
13 CO 10 |
OVI;
R.C. 4511.19(A)(1); motion to suppress; field sobriety tests
administered without reference to NHTSA or similar standards are
inadmissible; probable cause to arrest; probable cause to administer
field sobriety tests; officer may conduct a brief stop based on a
corroborated anonymous tip; officer may ask driver of a parked vehicle
for identification without violating the Fourth Amendment; reversed in
part. |
Waite |
6/27/2014 |
2014-Ohio-2933 |
In re C.W. |
13 CO 44; 13 CO 45; 13 CO 46 |
Removal
of a guardian; R.C. 2111.50(A)(2)(c); guardian ad litem was permitted
to testify to events she observed during her guardianship even though
the term of the guardianship had expired by the time the hearing to
appoint a successor guardian took place; Sup.R. 48(D); manifest weight;
affirmed. |
Waite |
6/26/2014 |
2014-Ohio-2934 |
State v. Rose |
12 JE 18 |
Aggravated
robbery; felonious assault; weight of the evidence; ineffective
assistance of counsel; consecutive sentences; allied offenses; merger. |
Waite |
6/26/2014 |
2014-Ohio-2929 |
Pankey v. Mahoning Cty. Court of Common Pleas |
13 MA 108 |
Declaratory Judgment Action; Sex offender registration; Megan’s Law. |
Vukovich |
6/25/2014 |
2014-Ohio-2940 |
State v. Scott |
13 MA 47 |
Consecutive sentences; findings; R.C. 2929.14(C)(4); sentencing hearing; State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912. |
Waite |
6/24/2014 |
2014-Ohio-2993 |
Pankey v. State |
13 MA 147 |
Motion
to terminate sexual offender requirements; Megan’s Law; Adam Walsh Act;
Civ.R. 60(B); defendant failed to appeal judgment entry imposing
registration requirements; res judicata; affirmed. |
Waite |
6/24/2014 |
2014-Ohio-2942 |
Bank of Am. N.A. v. Miller |
13-CA-894 |
foreclosure; default judgment; standing; real party in interest; Civ.R. 60(B); common-law motion to vacate; |
Donofrio |
6/24/2014 |
2014-Ohio-2932 |
State v. Miller |
13 MA 12 |
Aggravated
murder with firearm specification and tampering with evidence;
Appellant unambiguously invoked his right to cut off questioning which
the police failed to scrupulously honor and thus the subsequent
statements at the first interview should have been suppressed; Appellant
later reinitiated conversation from the transport area so that his
final story was properly admitted; Retold story to girlfriend; As final
story (admitting he shot the victim) was properly admitted, it was
harmless to admit earlier story (claiming he witnessed a shooting by an
unidentified intruder); Jury instruction for tampering with evidence and
consciousness of guilt; Sufficiency of the evidence to prove tampering;
Ineffective assistance; State concedes court failed to make consecutive
sentence findings and improperly imposed five mandatory years of
post-release control on tampering with evidence instead of three
discretionary years. |
Vukovich |
6/23/2014 |
2014-Ohio-2936 |
Roghelia v. Hopedale Mining, L.L.C. |
13 HA 8 |
Directed verdict; perceived disability; accommodation; Reason for the termination; Questions for the jury. |
Vukovich |
6/23/2014 |
2014-Ohio-2935 |
Van Horn v. Thomas & King |
13 MA 124 |
summary
judgment; plaintiff slipped and fell on ice on restaurant sidewalk;
open and obvious doctrine; natural or unnatural accumulation of ice;
genuine issues of material fact exist |
Donofrio |
6/20/2014 |
2014-Ohio-2941 |
B.J. Alan Co. v. Andrews |
13 MA 55 |
Trial
court did not abuse its discretion staying discovery pending resolution
of the summary judgment motion; Summary judgment was appropriately
granted because issues raised were either barred by law of the case or
res judicata. |
Vukovich |
6/20/2014 |
2014-Ohio-2938 |
Wells Fargo Bank, N.A. v. Murphy |
13 MA 35 |
foreclosure; mortgage; assignment; summary judgment; notice of acceleration |
Donofrio |
6/20/2014 |
2014-Ohio-2937 |
Yeager v. Moody |
13-CA-884 |
defective design; defective manufacture; summary judgment; pro se litigant; standing; court costs |
Donofrio |
6/20/2014 |
2014-Ohio-2931 |
Portage Exteriors v. Hein Constr., Inc. |
13 BE 5 |
construction
subcontract was complete agreement between parties; parol evidence rule
precluded extrinsic evidence; warranty was not required by subcontract;
Prompt Pay claim; hearing on attorney fees |
Donofrio |
6/20/2014 |
2014-Ohio-2930 |
State v. Holmes |
13-MA-76 |
gross
sexual imposition; R.C. 2907.05(A)(1)(C)(1); fourth-degree felony;
importuning; R.C. 2907.07(B)(1)(F)(3); fifth-degree felony; consecutive
sentences; R.C. 2929.14(C)(4); judicial fact-finding duties |
Donofrio |
6/19/2014 |
2014-Ohio-2724 |
State v. Watters |
13 MA 151 |
unauthorized
use of a motor vehicle; R.C. 2913.03(A)(D)(1)(2); first-degree
misdemeanor; community control; restitution statute; R.C. 2929.18(A)(1) |
Donofrio |
6/19/2014 |
2014-Ohio-2943 |
In re M.R. |
13 JE 30 |
A
juvenile offender registrant; R.C. 2152.83(A) statement that
classification shall be made at the time of release from the secure
facility is not a double jeopardy violation; Rational basis for statute
to differentiate between juveniles of different ages; Continuing the
classification beyond age 21 does not violate due process or constitute
cruel and unusual punishment. |
Vukovich |
6/16/2014 |
2014-Ohio-2623 |
State ex rel. DeWine v. Crock Constr. Co. |
13 NO 405 |
Res
judicata; privity; issue preclusion; claim-preclusion; OEPA;
environmental enforcement; agreed order; Civ.R. 3, 8, 9; R.C. 3714.01 et
seq. |
Waite |
6/16/2014 |
2014-Ohio-2944 |
State v. Morgan |
13 MA 126 |
Sentence
was not an abuse of discretion; Sentence did not place an unnecessary
burden on the state; Notice Judgment Entry, which was incorporated, did
not clearly indicate sexual offender classification; R.C. 2929.19;
Classification must be in judgment entry; Matter remanded. |
Vukovich |
6/13/2014 |
2014-Ohio-2625 |
Robenolt v. Zyznar |
13-MA-129 |
real estate sales contract; deed; equity; reformation; merger; mutual mistake |
Donofrio |
6/13/2014 |
2014-Ohio-2593 |
State v. Jones |
13-MA-53 |
post-conviction relief; untimely; successive; 2011 H.B. 86 |
Donofrio |
6/13/2014 |
2014-Ohio-2592 |
State v. Christian |
12-MA-164 |
felony
fleeing and eluding; speedy trial; juror excused for cause;
prosecutor’s comments and questions did not constitute misconduct;
sufficient evidence supported conviction; conviction was not against the
manifest weight of the evidence; no cumulative error |
Donofrio |
6/13/2014 |
2014-Ohio-2590 |
State v. Mendez |
13 MA 86 |
Felony
theft; restitution; R.C. 2929.18(A)(1); defendant challenged the amount
of restitution and was entitled to a hearing to determine restitution;
restitution may be more than the monetary amount categorizing the degree
of a theft charge; restitution cannot be greater than the amount of
economic loss suffered by the victim; State v. Lalain, 136 Ohio St.3d
248. |
Waite |
6/13/2014 |
2014-Ohio-2601 |
Ponzi v. Trimboli |
13 MA 43 |
Breach
of fiduciary duty; conversion; some errors on appeal waived after
failure to object to magistrate's decision; record reveals a
mathematical error in the modification of the magistrate's decision
regarding the final monetary judgment; judgment modified. |
Waite |
6/13/2014 |
2014-Ohio-2600 |
Jones v. W. Reserve Transit Auth. |
13-MA-41 |
breach of contract; negligence; summary judgment; res judicata |
Donofrio |
6/12/2014 |
2014-Ohio-2591 |
State v. Holsinger |
Case No. 13 CO 38 |
Post-release
control, State concedes error; failure to include statement notifying
defendant about the consequences of violating post-release control; R.C.
2929.191(C). |
DeGenaro |
6/9/2014 |
2014-Ohio-2523 |
State v. Moore |
13 MA 60 |
Sex
offender reclassification; S.B. 5; proceeding with hearing while
reconsideration motion pending with Court of Appeals; sex offender
reclassification hearing. |
DeGenaro |
6/4/2014 |
2014-Ohio-2525 |
State v. Thoennes |
13 MA 52 |
Manifest weight; allocution. |
DeGenaro |
6/4/2014 |
2014-Ohio-2524 |
State v. Crankfield |
13 MA 122 |
Post-sentence
motion to withdraw a no contest plea claimed attorney misadvised him
that the offense of child endangering was expungeable when in fact it
was not and stated that he would not have pled to the charge had he
known the offense was not subject to expungement; Trial court did not
err in failing to hold a hearing before denying his plea withdrawal
motion filed nearly seven years after plea and five years after final
discharge. |
Vukovich |
6/3/2014 |
2014-Ohio-2624 |
Swartz v. Householder |
13 JE 24, 13 JE 25 |
1989
Dormant Mineral Act versus 2006 Dormant Mineral Act; Surface owners’
rights deemed vested under self-executing 1989 DMA; 2006 amendments are
not retroactive. |
Vukovich |
6/2/2014 |
2014-Ohio-2359 |
State ex rel. DeWine v. Fred's Party Ctr., Inc. |
13 BE 29 |
Trial
court admitted lab reports without testimony from authors; Appellant
claims no evidence of controlled substance without reports; Attorney
general insists reports were admissible under statute that clearly only
applies to criminal prosecutions, but appellant allowed testimony that 3
packets from Bridgeport store tested positive; Only issue is test
result for Martins Ferry store; Admission harmless under all
circumstances; Traditional equity principles do not apply to statutory
injunction action with remedies mandated after finding nuisance; Supreme
Court exception on whether owner “did not negligently or knowingly
acquiesce to, and did not participate in the creation or perpetuation of
the nuisance” is a factual matter best left for trial court. |
Vukovich |
6/2/2014 |
2014-Ohio-2358 |
State ex rel. DeWine v. Shadyside Party Ctr. |
13 BE 26 |
Appellant
does not contest that the store constituted a nuisance due to the
store’s habitual selling of herbal incense packets which contained a
controlled substance; Appellant argues court erred in ordering the
closure of the store for one year, Asserting they were diligent in
correcting nuisance and nuisance ceased to exist after search warrant
executed, government had unclean hands, and the order should have been
narrowly tailored as to extent of abatement and forfeiture of
personality; As this is a statutory injunction action, the general
equitable principles are inapplicable; Statutory provisions apply as
written; Supreme Court exception to the mandatory one-year closure
provision for an “owner who did not negligently or knowingly acquiesce
to, and did not participate in the creation or perpetuation of the
nuisance” could rationally be found to be inapplicable. |
Vukovich |
6/2/2014 |
2014-Ohio-2357 |
Thomaselli v. Thomaselli |
13 JE 18 |
divorce;
court did not retain jurisdiction over spousal support; determination
as to marital or separate property; failure to distribute all accounts;
improper taking of judicial notice; financial misconduct finding |
Donofrio |
6/2/2014 |
2014-Ohio-2469 |
Robert W. Moodie Excavating, Inc. v. Smith |
13-JE-4 |
balance
due on contract for excavation work; alleged double billing; price of
slag included in the parties’ agreement; agreed price included
contingencies; conflicting evidence on sloped bank |
Donofrio |
6/2/2014 |
2014-Ohio-2468 |
State v. Russell |
13-CO-16 |
aggravated robbery; R.C. 2911.01(A)(1); first-degree felony; no-merit brief; ineffective assistance of counsel; juror misconduct |
Donofrio |
6/2/2014 |
2014-Ohio-2467 |
Nau v. Martins Ferry |
13-BE-24 |
petition for writ of habeas corpus; appeal was adequate remedy in the ordinary course of law; procedendo |
Donofrio |
6/2/2014 |
2014-Ohio-2466 |
State v. Worley |
13-BE-8 |
sexual
battery; R.C. 2907.03(A)(5); second-degree felony; jail-time-credit;
court costs; Am.Sub.S.B. No. 10 (S.B. 10); Adam Walsh Act; State v.
Williams, 129 Ohio St.3d 344, 2011-Ohio-3374, 344, 952 N.E.2d 1108;
State v. Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, 926 N.E.2d 278; |
Donofrio |
6/2/2014 |
2014-Ohio-2465 |
Fry v. Hanni |
13-MA-99 |
legal malpractice; statute of limitations; summary judgment |
Donofrio |
5/29/2014 |
2014-Ohio-2346 |
State v. Ramey |
13-MA-64 |
domestic
violence; R.C. 2919.25(A), first-degree misdemeanor; no-merit brief;
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967); State v. Toney, 23 Ohio App.2d 203, 262 N.E.2d 419 (7th
Dist.1970); Crim.R. 11 plea colloquy; misdemeanor sentencing |
Donofrio |
5/29/2014 |
2014-Ohio-2345 |
Price v. K.A. Brown Oil and Gas, L.L.C. |
13 MO 13 |
Oil
and gas lease; provision of lease required oil company to put two
existing wells into production by November 1989; second well was not put
into production until 1995; lease is declared terminated; affirmed. |
Waite |
5/27/2014 |
2014-Ohio-2298 |
State v. Esmail |
13 CO 35 |
Drug
trafficking; trial court was permitted to rely on prior drug conviction
that was later dismissed in Drug Court; no evidence in record that judge
actually relied on the prior dismissed conviction; defendant had a
history of drug crimes that warranted consecutive sentences; affirmed. |
Waite |
5/27/2014 |
2014-Ohio-2297 |
State v. Jones |
13 MA 101 |
Felony
convictions for attempted rape and gross sexual imposition; consecutive
sentences; R.C. 2929.14(C)(4); record reflects that trial judge made
required findings to impose consecutive sentences both at the sentencing
hearing and in its judgment entry; affirmed. |
Waite |
5/23/2014 |
2014-Ohio-2248 |
State v. Raynovich |
12 MA 65 |
Theft
conviction; R.C. 2913.02; defendant charged with felony theft after
stealing $549 from Rite Aid; theft statute changed during pendency of
case, raising amount necessary for felony theft to $1,000; defendant
receives the benefit of the change in law and should have only been
convicted and sentenced for misdemeanor; R.C. 1.58(B); State v. Taylor,
138 Ohio St.3d 194. |
Waite |
5/23/2014 |
2014-Ohio-2246 |
State v. Jackson |
13 MA 121 |
No
ineffective assistance of counsel for withdrawing suppression motion; No
indication of extended detention awaiting canine unit; No discernible
issue with order of sentences. |
Vukovich |
5/22/2014 |
2014-Ohio-2249 |
State v. Durkin |
13 MA 36 |
Anders brief; No appealable issues; Convictions and sentence affirmed. |
Vukovich |
5/22/2014 |
2014-Ohio-2247 |
State v. Toma |
13 CO 19 |
unlawful
sexual conduct with a minor; R.C. 2929.12 seriousness and recidivism
factors; trial court’s statements and judgment entry demonstrate that it
considered the statutory factors |
Donofrio |
5/20/2014 |
2014-Ohio-2256 |
Howard v. Miller |
14 BE 15 |
Writ of habeas corpus; R.C. 2725.04. |
Per Curiam |
5/12/2014 |
2014-Ohio-2100 |
State v. Hill |
13 CA 892 |
Felony Sentencing; Non-minimum sentence did not amount to an abuse of discretion; Remand for consecutive sentencing findings. |
Vukovich |
5/5/2014 |
2014-Ohio-1965 |
PNC Mtge. v. Garland |
12 MA 222 |
Certify conflict; factual distinctions not a basis for certification. |
Per Curiam |
5/2/2014 |
2014-Ohio-1944 |
State v. Koczwara |
13 MA 149 |
Officer
can ask any lawfully stopped driver to alight from vehicle during the
traffic stop without any justification; Officer’s subjective motivations
do not invalidate a constitutionally permissible stop and its
components; Fact that officer asked driver out with a desire to conduct
field sobriety tests (at a point when he allegedly did not yet have
reasonable suspicion of OVI) does not invalidate the order to alight
from the vehicle; Instability on exiting vehicle can be considered
reasonable suspicion evaluation for field testing. |
Vukovich |
5/1/2014 |
2014-Ohio-1946 |
State v. Croom |
12 MA 54 |
Application
for reconsideration dismissed as untimely; Application for reopening
denied on the ground that appellate counsel was not ineffective for
refusing to brief an argument which relies on evidence outside of the
trial court record. |
Per Curiam |
5/1/2014 |
2014-Ohio-1945 |
State v. Jordan |
06 HA 586 |
App.R. 26(B); application for re-opening; untimely; no good cause. |
Per Curiam |
4/28/2014 |
2014-Ohio-1943 |
State v. Hufnagel |
12 MA 195 |
Domestic
violence; manifest weight; proof of physical harm; conviction can be
sustained on the basis of a single witness; a victim is permitted to
make a statement at sentencing and recommend a sentence; R.C.
2930.14(B); affirmed. |
Waite |
4/21/2014 |
2014-Ohio-1799 |
Walker v. Shondrick-Nau |
13 NO 402 |
:
quiet title to mineral estate; summary judgment; Ohio’s Dormant Mineral
Act; 1989 version of R.C. 5301.56; 2006 version of R.C. 5301.56; subject
of a title transaction; Dodd v. Croskey, 7th Dist. No. 12 HA 6,
2013-Ohio-4257; vested property right; constitutionality of statute
waived when not raised in trial court |
Donofrio |
4/3/2014 |
2014-Ohio-1499 |
State v. Coleman |
13 CO 3 |
R.C. 4511.19; motion for discharge; motion to suppress; speedy trial; R.C. 2945.71(C)(2); R.C.4511.191(A); implied consent. |
DeGenaro |
3/31/2014 |
2014-Ohio-1498 |
State v. Dixon |
13 MA 87 |
Anders
v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967); State v. Toney, 23
Ohio App.2d 203, 262 N.E.2d 419 (7th Dist.1970); Independent review
reveals no appealable issues; Motion to withdraw granted. |
Vukovich |
3/31/2014 |
2014-Ohio-1474 |
Aqua Ohio, Inc. v. Allied Indus. Dev. Corp., Inc. |
13 MA 85 |
Affirm
trial court’s grant of JNOV; Contract did not provide for damages for
interference with the development of the property; Contract only
provided for damages for result from the operation, use or maintenance
of the waterline; No evidence was submitted to show damages from
operation, use or maintenance of the waterline. |
Vukovich |
3/31/2014 |
2014-Ohio-1473 |
CitiMortgage, Inc. v. Rudzik |
13 MA 20 |
Civ.R.
12(B)(6) motion; Counterclaim sufficiently pled theft offense; Pursuant
to R.C 2307.60 and 2307.61 there is a civil cause of action for damages
that result from a theft offense; R.C. 2307.61(G) specifically
indicates that recovery of damages in a civil action for a theft offense
does not require a criminal conviction. |
Vukovich |
3/31/2014 |
2014-Ohio-1472 |
Teeter v. Teeter |
13 CA 887 |
Summary
judgment; Constructive trust; The burden of proof to obtain the
equitable remedy of a constructive trust is on the party seeking to have
it imposed and that party must prove the case by a clear and convincing
standard of proof; Given the nature of this case, i.e. the fact that it
is a he said/she said type of case, appellant could meet this burden if
the trier of fact believes her; Grant of summary judgment reversed. |
Vukovich |
3/31/2014 |
2014-Ohio-1471 |
State v. Fasline |
12 MA 221 |
Suppression; Trial court ruling that consent to search home was not voluntary was supported by competent credible evidence. |
Vukovich |
3/31/2014 |
2014-Ohio-1470 |
Homeowners Assn. at Arrowhead Bay v. Fidoe |
12 MA 136 |
Pursuant
to R.C. 5311.19(B)(1), an eviction action initiated by unit owner’s
association shall be brought by the association, as the unit owner’s
agent, in the name of the unit owner; Eviction action dismissed for
failing to bring action in the name of the unit owner. |
Vukovich |
3/31/2014 |
2014-Ohio-1469 |
State v. McCrary |
12 MA 135 |
Discretionary
bindover; Excited utterance; Relevancy; No material prejudice; Photo
line-up; Blinded administrator without writing explaining why; Manifest
weight |
Vukovich |
3/31/2014 |
2014-Ohio-1468 |
Bigler v. Personal Serv. Ins. Co. |
12 BE 10 |
Bad
faith refusal of coverage; BMV returned SR-22 to insurer for
corrections; After insurer cancelled policy; Insurer claims that SR-26
was not required due to subsequent BMV return; Attorney fee award not
unreasonable based on quarter-hour billing increments, $400 hourly rate
for lead attorneys, time reconstruction, and 2.0 multiplier. |
Vukovich |
3/31/2014 |
2014-Ohio-1467 |
In re Estate of Montgomery |
13 JE 20 |
Probate
estate; final accounting; failure to object to distribution or appeal
the court’s approval of the final account waives errors on appeal. |
Waite |
3/31/2014 |
2014-Ohio-1401 |
Ohio Bur. of Workers’ Comp. v. McKinley |
12 CO 41 |
Workers’
compensation; R.C. 4123.931(G); BWC may collect its subrogation
interest from a third party if it does not receive notice of settlement
talks, have a reasonable opportunity to assert its subrogation rights,
or if the settlement or compromise excludes any amount paid by BWC;
record reflects that BWC received notice of settlement negotiations
between claimant and tortfeasor, and had reasonable opportunity to
present its claim; mere failure to mention lien in settlement did not
constitute exclusion of the claim because settlement amount was well in
excess of the lien and BWC could use statutory procedure to collect from
the settlement. |
Waite |
3/31/2014 |
2014-Ohio-1397 |
State v. Rucci |
13 MA 65, 13 MA 66, 13 MA 67, 13 MA 68, 13 MA 69, 13 MA 70, 13 MA 71, 13 MA 72 |
Civ.R. 60(B)(4); Civ.R. 57(B); direct appeal; jurisdiction |
DeGenaro |
3/28/2014 |
2014-Ohio-1396 |
Burke v. Burke |
13 MA 24 |
Contempt
for failure to pay spousal support; purge condition to remove contempt
cannot regulate future conduct; purge mechanism must be clear and allow a
reasonable opportunity to satisfy the purge condition; purge condition
required payment of an additional $100 per month without specifying
total amount to be paid, length of time, or ability to pay; remanded for
new purge condition. |
Waite |
3/28/2014 |
2014-Ohio-1402 |
Tuckosh v. Cummings |
13 HA 1 |
Post-divorce
motion; convert prior delinquencies in child/spousal support and other
monetary aspects of divorce decree into a lump sum judgment; trial court
complied with ex-wife’s motion, but could not render lump sum judgment
on matters that were not quantifiable from the record; affirmed. |
Waite |
3/28/2014 |
2014-Ohio-1400 |
State v. Smith |
12 MA 168 |
Attempted
rape; kidnapping; felonious assault; allied offenses; guilty plea;
consecutive sentences; R.C. 2929.14(C)(4); consecutive sentencing
provisions of H.B. 86 applies to defendants sentenced on or after
September 30, 2011; trial court failed to make required findings
supporting consecutive sentences; remand for resentencing. |
Waite |
3/28/2014 |
2014-Ohio-1398 |
State v. Fuller |
12 MA 185 |
attempted
murder; felonious assault; merger; manifest weight of the evidence;
in-court identification after witness was unable to positively identify
appellant in photo lineup |
Donofrio |
3/27/2014 |
2014-Ohio-1351 |
Wells Fargo Bank, N.A. v. Stevens |
12 MA 219 |
Civ.R.
60(B)(5); trial court should not have granted relief from judgment
because mortgagor did not meet requirements of GTE Automatic Electric,
Inc.; mere negotiations with the lender is not a valid defense to a
foreclosure action; judgment vacated and judgment in favor of lender
reinstated. |
Waite |
3/25/2014 |
2014-Ohio-1399 |
Ramsey v. Ramsey |
13 JE 17 |
Refinancing house; Property division; Spousal support; Child support; Imputed income; No abuse of discretion. |
Vukovich |
3/24/2014 |
2014-Ohio-1227 |
State v. Johnson |
13 JE 5 |
R.C. 2941.146; State v. Swidas, 133 Ohio St.3d 460; 2012-Ohio-4638, 979 N.E.2d 254. |
Vukovich |
3/24/2014 |
2014-Ohio-1226 |
State v. Thompson |
13 CO 20 |
Intimidation
includes attempt to influence, hinder, or intimidate; Intent of
defendant, not the belief of recipient; Sufficiency; Weight; Ineffective
assistance of counsel for failure to list a witness in discovery;
Court’s exclusion of that witness as a discovery sanction; Court’s
instruction to witness to only answer questions presented; Jury
instruction that whether the victim believed the threats was not
relevant. |
Vukovich |
3/24/2014 |
2014-Ohio-1225 |
State v. Odey |
13 CO 23 |
Anders/Toney brief; disorderly conduct; bench trial;; manifest weight; sentencing; no appealable issues. |
DeGenaro |
3/24/2014 |
2014-Ohio-1352 |
In re I.R.H. |
13 MA 158 |
grandparent
visitation motion; R.C. 3109.11; trial court failed to give special
weight to parent’s wishes and concerns; best interest of child required a
grandparent visitation order; standard order of visitation for
non-residential parents was too excessive for grandparent visitation |
Donofrio |
3/20/2014 |
2014-Ohio-1180 |
State v. Morris |
13 MA 93 |
Drug possession; search warrant; sufficiency of probable cause in affidavit submitted in support of search warrant. |
DeGenaro |
3/20/2014 |
2014-Ohio-1177 |
Lipari v. Tanoff |
13 MA 17 |
Manifest
weight; failure to file transcript with objections to the magistrate's
decision; Civ.R. 53(D)(3)(b)(iii); caveat emptor. |
DeGenaro |
3/20/2014 |
2014-Ohio-1176 |
PNC Mtge. v. Garland |
12 MA 222 |
Foreclosure; compliance with HUD regulations; 24 CFR 203.604; 24 CFR 203.605; Civ.R. 9( C); HAMP. |
DeGenaro |
3/20/2014 |
2014-Ohio-1173 |
State v. Stout |
13 MA 30 |
Applicability
of H.B. 86; possession of child pornography; meaning of 'physical harm'
under R.C. 2929.13(B)(1)(b)(11); mandatory community control; mootness.
|
DeGenaro |
3/19/2014 |
2014-Ohio-1094 |
State v. Wellington |
13-MA-90 |
involuntary manslaughter; R.C. 2929.14(A)(1); H.B. 86; sentence contrary to law |
Donofrio |
3/17/2014 |
2014-Ohio-1179 |
Guerrieri v. Brys |
13-MA-7 |
ex parte civil protection order withdrawn; motion for sanctions for alleged frivolous misconduct dismissed |
Donofrio |
3/17/2014 |
2014-Ohio-1178 |
State v. Royal |
12-MA-148 |
aggravated
murder; aggravated robbery; failure to file judgment on motion to
suppress likely due to oversight; photo line-ups not unduly suggestive;
R.C. 2933.83; blinded administrator; manifest weight of the evidence; no
ineffective assistance of counsel; alleged prosecutorial misconduct; no
cumulative error |
Donofrio |
3/17/2014 |
2014-Ohio-1175 |
State v. Freeman |
12 MA 112 |
Postrelease control; hearing; omission; sentencing entry; rape; kidnapping; merger. |
Waite |
3/14/2014 |
2014-Ohio-1013 |
State v. Simmons |
13 JE 15 |
Allied
offenses; error in failure to merge convictions does not result in a
void sentence; issue of merger could have been raised in a variety of
earlier appeals; res judicata. |
Waite |
3/13/2014 |
2014-Ohio-1014 |
State v. Williams |
11 MA 185 |
Crim.R.
29; murder; attempted murder; DNA; manifest weight; sufficiency;
concealing evidence; tampering; firearm specification; consecutive
sentences; concurrent sentences; confrontation clause. |
Waite |
3/11/2014 |
2014-Ohio-1015 |
State v. Wilson |
13 MA 10 |
Knowing, voluntary and intelligent plea; ineffective assistance of counsel; Crim.R. 11(C). |
DeGenaro |
3/10/2014 |
2014-Ohio-942 |
State v. Harding |
13 MA 131 |
State confesses judgment, ALS reversed. |
Vukovich |
3/6/2014 |
2014-Ohio-884 |
Freedom Mtge. Corp. v. Milhoan |
13 CO 15 |
Bank
incorrectly informed trial court there was failure to comply with
statutory requirement of service of notice in R.C. 2329.26(A)(1)(a)(i);
Notice of sale need not be provided to those in default; Bank
misinterpreted (A)(1)(a)(ii) involving filing copy of written notice
with proof of service with clerk; Bank erroneously urged that the sale
was void; Intervention should have been ordered as a matter of right or
by permissive intervention. |
Vukovich |
3/6/2014 |
2014-Ohio-881 |
Patel v. Village of Bellaire |
13 BE 9 |
Plaintiff
who previously lost at summary judgment stage where he made only a bare
allegation that affidavits were false; In a Civ.R. 11 motion for
sanctions against the defendant’s attorney, he specifically asserts what
parts of the affidavits were allegedly false; No evidence of falsity or
that counsel who attached affidavits of law director and fire captain
should be sanctioned. |
Vukovich |
3/6/2014 |
2014-Ohio-880 |
State v. Adams |
13 MA 54 |
For
state's breach of plea agreement, appellate court chose remedy of
resentencing before different judge (instead of plea withdrawal) as per
United States Supreme Court's Santobello case; State asked for
reconsideration arguing our choice of remedy was akin to a
disqualification order, which can only be made by the Chief Justice of
the Ohio Supreme Court; Reconsideration denied. |
Per Curiam |
3/5/2014 |
2014-Ohio-883 |
State v. Morris |
13 MA 19 |
Presentence
motion to withdraw his guilty plea on day of sentencing, seven weeks
after the plea was entered; Factors do not weigh in favor of plea
withdrawal. |
Vukovich |
3/5/2014 |
2014-Ohio-882 |
State v. Lawson |
12 MA 194 |
Inferred
waiver; Right to counsel; speedy trial; competency evaluation; right to
counsel at arraignment for petty offenses; sufficiency of the evidence;
manifest weight of the evidence. |
Vukovich |
3/5/2014 |
2014-Ohio-879 |
State v. Brown |
12 MA 202 |
Contempt; direct contempt; abuse of discretion. |
Waite |
3/5/2014 |
2014-Ohio-896 |
State v. Winkle |
12 MA 162 |
Preindictment
delay; investigation closed in 2003 due to lack of evidence; second
suspect never investigated; alleged new evidence not disclosed to court
at motion to dismiss hearing; defendant prejudiced by loss of
substantial pieces of evidence during 9-year delay in prosecution;
dismissal of indictment affirmed. |
Waite |
3/5/2014 |
2014-Ohio-895 |
State v. Toda |
13 MA 44 |
Withdraw of plea; Crim.R. 32.1; ineffective assistance of counsel. |
DeGenaro |
3/4/2014 |
2014-Ohio-943 |
Tree of Life Church v. Agnew |
12-BE-42 |
summary judgment; defamation; libel; slander; accusations against pastor of misappropriation of church funds |
Donofrio |
3/4/2014 |
2014-Ohio-878 |
State v. Wright |
12 MA 143; 12 MA 144 |
Defendant
held in contempt for failure to register for house arrest; record shows
he was already on house arrest at the time he was alleged to have
failed to register; state failed to provide proof of the elements of
contempt; reversed. |
Waite |
2/28/2014 |
2014-Ohio-775 |