Seal of the State of Ohio. Click here to return to the Supreme Court home page. The Supreme Court of Ohio & The Ohio Judicial System. Click here to return to the Supreme Court home page. Line Drawing of the Ohio Judicial Center. Click here to return to the Supreme Court home page.
Spacer image

The Supreme Court of Ohio & The Ohio Judicial System

Opinions & Announcements

Source: What is a Source?
Decided: What is Decided?
WebCite No: What is a Web Cite No.?
Full Text: What is a Web Cite No.?
Enter either a webcite number or a full text query.
Columns to Include
Case Name
Case No
Topics/Issues

Author
County
Citation

Decided Date
Posted Date
WebCite
Notices

 Supreme Court opinions and Supreme Court announcements are
 usually posted weekdays at 9:00 a.m.
 Other documents are posted as received by the court.

All documents are in the Adobe® PDF format.
The Adobe® Reader® is a free download.
download reader
Rows per Page
131 documents were found matching the selected criteria.
Page: [ 1]   2   next
Case Name Case No. Topics and Issues Author Decided WebCite
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openIn 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
Click here to openState 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
Click here to openPankey 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
Click here to openState 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
Click here to openPankey 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
Click here to openBank 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
Click here to openState 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
Click here to openRoghelia 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
Click here to openVan 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
Click here to openB.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
Click here to openWells Fargo Bank, N.A. v. Murphy 13 MA 35 foreclosure; mortgage; assignment; summary judgment; notice of acceleration Donofrio 6/20/2014 2014-Ohio-2937
Click here to openYeager v. Moody 13-CA-884 defective design; defective manufacture; summary judgment; pro se litigant; standing; court costs Donofrio 6/20/2014 2014-Ohio-2931
Click here to openPortage 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
Click here to openState 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
Click here to openState 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
Click here to openIn 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
Click here to openState 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
Click here to openState 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
Click here to openRobenolt v. Zyznar 13-MA-129 real estate sales contract; deed; equity; reformation; merger; mutual mistake Donofrio 6/13/2014 2014-Ohio-2593
Click here to openState v. Jones 13-MA-53 post-conviction relief; untimely; successive; 2011 H.B. 86 Donofrio 6/13/2014 2014-Ohio-2592
Click here to openState 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
Click here to openState 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
Click here to openPonzi 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
Click here to openJones v. W. Reserve Transit Auth. 13-MA-41 breach of contract; negligence; summary judgment; res judicata Donofrio 6/12/2014 2014-Ohio-2591
Click here to openState 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
Click here to openState 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
Click here to openState v. Thoennes 13 MA 52 Manifest weight; allocution. DeGenaro 6/4/2014 2014-Ohio-2524
Click here to openState 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
Click here to openSwartz 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
Click here to openState 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
Click here to openState 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
Click here to openThomaselli 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
Click here to openRobert 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
Click here to openState 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
Click here to openNau 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
Click here to openState 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
Click here to openFry v. Hanni 13-MA-99 legal malpractice; statute of limitations; summary judgment Donofrio 5/29/2014 2014-Ohio-2346
Click here to openState 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
Click here to openPrice 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState v. Durkin 13 MA 36 Anders brief; No appealable issues; Convictions and sentence affirmed. Vukovich 5/22/2014 2014-Ohio-2247
Click here to openState 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
Click here to openHoward v. Miller 14 BE 15 Writ of habeas corpus; R.C. 2725.04. Per Curiam 5/12/2014 2014-Ohio-2100
Click here to openState 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
Click here to openPNC Mtge. v. Garland 12 MA 222 Certify conflict; factual distinctions not a basis for certification. Per Curiam 5/2/2014 2014-Ohio-1944
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openWalker 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
Click here to openState 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
Click here to openState 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
Click here to openAqua 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
Click here to openCitiMortgage, 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
Click here to openTeeter 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
Click here to openState 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
Click here to openHomeowners 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
Click here to openState 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
Click here to openBigler 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
Click here to openIn 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
Click here to openOhio 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
Click here to openState 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
Click here to openBurke 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
Click here to openTuckosh 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
Click here to openState 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
Click here to openState 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
Click here to openWells 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
Click here to openRamsey 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
Click here to openState 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
Click here to openState 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
Click here to open 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
Click here to openIn 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
Click here to openState 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
Click here to openLipari 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
Click here to openPNC 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
Click here to openState 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
Click here to openState 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
Click here to openGuerrieri 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
Click here to openState 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
Click here to openState v. Freeman 12 MA 112 Postrelease control; hearing; omission; sentencing entry; rape; kidnapping; merger. Waite 3/14/2014 2014-Ohio-1013
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState v. Harding 13 MA 131 State confesses judgment, ALS reversed. Vukovich 3/6/2014 2014-Ohio-884
Click here to openFreedom 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
Click here to openPatel 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState v. Brown 12 MA 202 Contempt; direct contempt; abuse of discretion. Waite 3/5/2014 2014-Ohio-896
Click here to openState 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
Click here to openState v. Toda 13 MA 44 Withdraw of plea; Crim.R. 32.1; ineffective assistance of counsel. DeGenaro 3/4/2014 2014-Ohio-943
Click here to openTree 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
Click here to openState 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

Page: [ 1]   2   next