Case Name |
Case No. |
Topics and Issues |
Author |
Decided |
WebCite |
State v. Hitchcock |
2014-L-046 |
APPELLATE REVIEW - post-conviction appeal is civil; Civ.R. 58(B); App.R. 4(A); thirty-day rule; untimely appeal. |
Grendell |
7/28/2014 |
2014-Ohio-3281 |
Barreca v. Travco Behavioral Health, Inc. |
2013-T-0116 |
EMPLOYMENT
RELATIONS - Disability discrimination claim; elements; "disability"
defined; R.C. 4112.01(A)(13); physical impairment; substantial
limitation of major life activity; multiple sclerosis; summary judgment
exercise. |
Wright |
7/28/2014 |
2014-Ohio-3280 |
Beal Bank S.S.B. v. Elzy |
2013-T-0095 |
CIVIL - standing; jurisdictional; holder of an instrument. |
Cannon |
7/28/2014 |
2014-Ohio-3279 |
Sassya v. Morgan |
2013-T-0084 |
DOMESTIC
RELATIONS - GENERAL - summary judgment; dissolutions and separation
agreements; R.C. 3105.63(A)(1); contract; distribution of property; no
jurisdiction to modify agreement's terms; dissolution decree vacated;
matter converted to a contested divorce action; division of marital
property; R.C. 3105.171(F); custody; child support. |
O'Toole |
7/28/2014 |
2014-Ohio-3278 |
Davison v. Parker |
2013-L-098 |
CIVIL - compensatory damages; market value; motion for summary judgment; animals; personal property; R.C. 955.03. |
Cannon |
7/28/2014 |
2014-Ohio-3277 |
State v. Cebula |
2013-L-085 |
CRIMINAL
LAW - intervention in lieu of conviction; hearing; required hearing
upon consideration of ILC; waiver; guilty plea does not waive ILC
claims; App.R. 16(A)(7). |
Wright |
7/28/2014 |
2014-Ohio-3276 |
In re M.S. |
2014-L-036 |
JUVENILE
- permanent custody; termination of parental rights; R.C. 2151.413;
clear and convincing evidence; R.C. 2151.414; sufficiency and weight of
the evidence; ethical duties of family therapists; Ohio Adm.Code
4757-6-01(F); interaction and interrelationship between parent and
child; R.C. 2151.414(D); best interests of the child |
Grendell |
7/21/2014 |
2014-Ohio-3184 |
Madison Route 20, L.L.C. v. Lake Cty. Bd. of Revision |
2013-L-019 |
TAX -
valuation of real property; wetlands; real property is not worthless;
issues of law de novo; board of tax appeals has discretion in
determining credibility and weight of evidence; when record shows
auditor's valuation is inaccurate, board of tax appeals should order
more evidence. |
Cannon |
7/21/2014 |
2014-Ohio-3183 |
Capital One Bank v. Beaver |
2014-P-0025 |
APPELLATE
REVIEW - Motion to reconsider from final order is nullity; lack of a
final appealable order; App.R. 4(A); thirty-day rule; untimely appeal. |
Grendell |
7/14/2014 |
2014-Ohio-3077 |
Arndt v. P&M Ltd. |
2013-P-0027 |
CIVIL -
breach of statutory duty; fraudulent concealment; juror voir dire;
interrogatories; Civ.R. 49(B); partial summary judgment; directed
verdict; Civ.R. 50(A)(4); manufactured park home operator; R.C.
4781.38(A)(2) and (3); rebuttal evidence; judgment notwithstanding the
verdict; Civ.R. 50(B); motion for new trial; Civ.R. 59(A)(6); sufficient
evidence; manifest weight of the evidence; recurring flooding; standard
of care; reasonable diligence; Adm.Code 3701-27-07(A); motion for
separate trial; Civ.R. 42(B); motion for mistrial; Civ.R. 59(A)(2);
juror misconduct; frivolous conduct; R.C. 2323.51(A) and (B) |
Grendell |
7/14/2014 |
2014-Ohio-3076 |
Zoldan v. Lordstown |
2014-T-0002 |
APPELLATE REVIEW - Civ.R. 54(B); claims still pending; no just reason for delay language in appealed entry. |
Rice |
7/7/2014 |
2014-Ohio-3007 |
State v. Aziz-Hakim |
2014-P-0011 |
APPELLATE REVIEW - denial of motion to dismiss is not a final appealable until after a sentence has been rendered. |
O'Toole |
7/7/2014 |
2014-Ohio-3006 |
State ex rel. Baker Living Trust v. Lordstown |
2013-T-0068 |
APPELLATE REVIEW - issue of damages remains pending in the trial court; no final appealable order; lack of jurisdiction. |
Wright |
7/7/2014 |
2014-Ohio-3005 |
State v. Rachel |
2013-T-0123 |
CRIMINAL
- doctrine of merger; R.C. 2941.25; allied offenses; res judicata;
ineffective assistance of counsel; evidence de hors the record. |
Cannon |
6/30/2014 |
2014-Ohio-2891 |
Hinton v. Masek |
2013-T-0110 |
CIVIL -
summary judgment; legal malpractice; representation; age discrimination
claim; removed to federal court; settlement negotiations; authority to
settle; withdraw; no expert opinion; no obvious breach of duty; no
genuine issue of material fact; entitled to judgment as a matter of law. |
Rice |
6/30/2014 |
2014-Ohio-2890 |
State v. Plevyak |
2013-T-0051 |
CRIMINAL
LAW - EVIDENCE - gross sexual imposition; Evid.R. 404(B) requires the
state to provide notice if it intends to introduce evidence of other
acts at trial; evidence of other acts may be introduced if the other
acts were inextricably related to the crime charged; State v. Williams,
134 Ohio St.3d 521, 2012-Ohio-5695 applied; manifest weight of the
evidence. |
O'Toole |
6/30/2014 |
2014-Ohio-2889 |
Harris v. MC Sign Co. |
2013-L-115 |
CIVIL -
motion for sanctions; Civ.R. 37(D); Civ.R. 41 notice of voluntary
dismissal; collateral issues not related to merits of the action;
failure to appear at scheduled deposition; abuse of discretion; thwart
the judicial process. |
Cannon |
6/30/2014 |
2014-Ohio-2888 |
Latina v. Ciora |
2013-L-112 |
CIVIL - transcript of trial court proceedings; failure to provide transcript; objections to magistrate's decision. |
Cannon |
6/30/2014 |
2014-Ohio-2887 |
CitiMortgage, inc. v. Hijjawi |
2013-L-105 |
CIVIL -
summary judgment; foreclosure action; affiant's personal knowledge;
standing; jurisdictional requirement; holder of an instrument. |
Cannon |
6/30/2014 |
2014-Ohio-2886 |
Motorists Mut. Ins. Co. v. Cianfaglione |
2013-L-078; 2013-L-079 |
CIVIL -
declaratory judgment; general liability insurance; presumption of
coverage; "conduct of your business"; who is an insured; weight of the
evidence |
Grendell |
6/30/2014 |
2014-Ohio-2885 |
State v. Cornelison |
2013-L-064 |
CRIMINAL
LAW - felony sentence; R.C. 2929.12 factors; consecutive sentences;
R.C. 2929.14(C)(4) findings; court costs; R.C. 2947.23(A)(1)(a); error;
judgment modified and affirmed as modified; ineffective assistance of
counsel; no prejudice; restitution; no abuse of discretion. |
Rice |
6/30/2014 |
2014-Ohio-2884 |
State v. McFarland |
2013-L-061 |
CRIMINAL
- delayed appeal; sexual battery; R.C. 2907.03; joint sentencing
recommendation; R.C. 2953.08; purposes of felony sentencing; mandatory
sentencing provisions; R.C. 2929.11; R.C. 2929.12. |
Cannon |
6/30/2014 |
2014-Ohio-2883 |
State v. Weimer |
2013-L-005 |
CRIMINAL
LAW - Confrontation Clause; hearsay; Evid.R. 801; conspiracy;
co-conspirator's statements; aggravated burglary; aggravated murder;
complicity; new trial warranted; sufficiency; engaging in a pattern of
corrupt activity; insufficient evidence under RICO conviction. |
O'Toole |
6/30/2014 |
2014-Ohio-2882 |
Douglass v. Priddy |
2013-G-3172 |
CIVIL -
attorney disqualification; prior representation; appealable order;
Prof.Cond.R. 1.0; Prof.Cond.R. 1.9; substantially related. |
Cannon |
6/30/2014 |
2014-Ohio-2881 |
State v. Harrison |
2013-G-3168 |
CRIMINAL - R.C. 2929.12; review of felony sentence; R.C. 2929.11; R.C. 2929.14; consecutive sentences. |
Cannon |
6/30/2014 |
2014-Ohio-2880 |
Spring v. Wick |
2013-G-3163 |
CIV.R.
53 - Civ.R. 11 does not require that unsigned pleading be stricken
unless they are sham or false; moot; Civ.R. 53(D)(5); alleged violations
of the Code of Judicial Conduct do not create substantive rights in
litigants; the purpose of requiring magistrates to file findings of fact
and conclusions of law under Civ.R. 53(D)(3)(a)(ii) is to allow parties
to draft appropriate objections and the trial court to evaluate those
objections. |
O'Toole |
6/30/2014 |
2014-Ohio-2879 |
State v. Brown |
2013-A-0065 |
CRIMINAL
LAW - conspiracy to commit aggravated murder; manifest weight of the
evidence; sentencing; R.C. 2929.11; R.C. 2929.12. INEFFECTIVE
ASSISTANCE OF COUNSEL. |
O'Toole |
6/30/2014 |
2014-Ohio-2878 |
State v. Beckwith |
2013-A-0050 |
ASSAULT
- felonious assault; appellant punches victim in bar striking him in
mouth and fracturing his jaw; assault captured on videotape; video shows
appellant confronting and striking victim without any provocation on
part of victim; prosecutorial misconduct; appellant fails to object;
plain error; evidence of appellant's guilt overwhelming; manifest
weight; jury entitled to determine credibility of conflicting versions
of events. |
Rice |
6/30/2014 |
2014-Ohio-2877 |
Burdick v. Burdick |
2013-A-0030 |
DOMESTIC
- divorce; antenuptial agreement; separate property; R.C. 3105.171;
manifest weight; de facto end date; equitable division. |
Cannon |
6/30/2014 |
2014-Ohio-2876 |
Jack F. Neff Sand & Gravel, Inc. v. Great Lakes Crushing, Ltd. |
2012-L-145 |
CIVIL -
EVIDENCE - hearsay ruling reviewed de novo; Evid.R. 801(D)(2)(d) not
limited to living agents of a party; limited admissibility of
out-of-court statements. CONTRACTS - option to renew upon written
notice not a "no oral modifications" clause; ambiguous language
interpreted against the drafter; breach of contract; conversion; prior
course of dealings. CORPORATIONS - piercing the corporate veil;
corporate officer personally liable for own tortious acts. PREJUDGMENT
INTEREST - R.C. 1343.03(A) limited to contracts that provide for payment
of money by the breaching party; R.C. 1343.03(C); good faith effort to
settle. JURY INSTRUCTIONS - punitive damages instruction; malice; abuse
of discretion review. |
Cannon |
6/30/2014 |
2014-Ohio-2875 |
Osborne v. Malkamaki |
2012-L-134 |
DOMESTIC
RELATIONS - PROPERTY - donative intent; a spouse may convert his or her
separate property into marital property by an inter vivos gift to the
other spouse during the course of the marriage; when the record contains
little direct evidence on donative intent the issue is analyzed under
the totality of the circumstances. |
O'Toole |
6/30/2014 |
2014-Ohio-2874 |
State v. Baker |
2013-A-0020 |
CRIMINAL
- motion to suppress; blood test; substantial compliance; Ohio Adm.
Code 3701-53-05; requirement that blood samples be refrigerated when not
in transit or under examination; expert testimony; reliability of the
blood sample; lack of refrigeration. |
Cannon |
6/30/2014 |
2014-Ohio-2873 |
State v. Court |
2013-T-0122 |
APPELLATE
REVIEW - App.R. 4(A); untimely appeal; forfeiture proceedings; final,
appealable order; non-mandatory forfeiture is civil penalty; civil
proceeding; R.C. 2981.04(B); motion for delayed appeal inapplicable to
civil appeals. |
Grendell |
6/23/2014 |
2014-Ohio-2712 |
Bank of New York Mellon v. Veccia |
2013-T-0101 |
REAL
PROPERTY - foreclosure; mortgagee-bank held note when complaint was
filed where: (1) note was previously endorsed in blank and, according
to affidavit of bank's representative, as of the date complaint was
filed, bank held note; and (2) the mortgage assignment, executed before
complaint was filed, also assigned note to bank; bank proves it held
"original" note when bank's representative states in affidavit that bank
held the note without qualifying it as a copy; there was no break in
chain of title of note where nominee of lender's successor assigned note
to bank; bank was not required to show lender's successor had
previously assigned note to successor's nominee for nominee to assign
note to bank. |
Rice |
6/23/2014 |
2014-Ohio-2711 |
State v. Alexander |
2013-T-0100 |
CRIMINAL LAW - motion to vacate void judgment; sentence. RES JUDICATA. |
O'Toole |
6/23/2014 |
2014-Ohio-2710 |
Nickles v. Spisak |
2013-P-0094 |
PROBATE
- summary judgment; undue influence; party contesting a will or trust
has burden of proving undue influence; Evid.R 804(B)(5) can only be used
to rebut testimony of a party adverse to a decedent's representative;
power of attorney; when a fiduciary relationship exists between the
creator of a joint and survivorship account and a surviving beneficiary a
presumption of undue influence arises; no contest clauses are valid. |
O'Toole |
6/23/2014 |
2014-Ohio-2709 |
State v. Coleman |
2013-P-0072 |
CRIMINAL LAW - sufficiency of evidence; manifest weight of evidence; robbery; prosecutorial misconduct. |
Cannon |
6/23/2014 |
2014-Ohio-2708 |
State v. Raia |
2013-P-0020 |
CRIMINAL
LAW - R.C. 2907.09(A)(1); exposing private parts; indecent exposure;
trial judge signature; admission of prior conviction; admission to prior
conviction; prove prior conviction via admission; harmless error;
confrontation clause; right to confront witnesses; cross-examination;
limitations on cross examination; prior inconsistent statement; impeach;
impeachment; waiver: Crim.R. 12(H); Crim.R. 12(C); bias; harmless
beyond a reasonable doubt. |
Wright |
6/23/2014 |
2014-Ohio-2707 |
JPMorgan Chase Bank, Natl. Assn. v. Rhodes |
2013-L-117 |
CIVIL -
foreclosure; Civ.R. 60(B); no just reason for delay; prohibited
indirect appeal; untimely; no meritorious defense or claim to raise. |
Cannon |
6/23/2014 |
2014-Ohio-2706 |
State v. Rose |
2013-L-107 |
APPELLATE REVIEW - App.R. 5(A); delayed appeal; reason does not justify delay; no notice of appeal filed. |
Wright |
6/23/2014 |
2014-Ohio-2705 |
Naylor Family Partnership v. Home S. & L. Co. of Youngstown |
2013-L-096 |
CIVIL - arbitration agreement; request for an accounting; R.C. 2711.02; waiver; abuse of discretion. |
Cannon |
6/23/2014 |
2014-Ohio-2704 |
State v. Jarrells |
2013-L-090 |
CRIMINAL LAW - OVI; eight-year sentence; H.B. 86; R.C. 2929.11; R.C. 2929.12; R.C. 2929.14(A)(3); R.C. 2941.1413. |
O'Toole |
6/23/2014 |
2014-Ohio-2703 |
DiBlasi v. First Seventh-Day Adventist Community Church |
2013-G-3169 |
NEGLIGENCE
- negligent construction of footbridge causes it to be removed from its
foundation and to block culvert causing rainwater to back up and to
flood appellants' properties; on summary judgment trial court cannot
reject one expert opinion for another because it believes the theory of
one expert over that of another expert; for purposes of summary
judgment motion, expert opinions are to be accepted as true; conflicting
expert reports regarding appellees' liability raise genuine issue of
material fact, precluding summary judgment. |
Rice |
6/23/2014 |
2014-Ohio-2702 |
In re Estate of Folk |
2013-G-3266 |
PROBATE
- executor; removal; no opportunity to be heard; under oath; R.C.
2109.24; notice provision; R.C. 2113.18(A); no notice required;
unsettled claims; subject of controversy between executor and estate or
other interested party. |
Rice |
6/23/2014 |
2014-Ohio-2701 |
Dardy v. Thompson |
2013-G-3157 |
CIVIL -
summary judgment; residential property lease; fire; inconclusive cause;
res ipsa loquitur; negligence per se; spoliation; R.C. 5321.04;
proximate cause; lack of causal connection. |
Cannon |
6/23/2014 |
2014-Ohio-2700 |
State v. Stone |
2013-G-3154 |
CRIMINAL
LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - attempted rape; R.C.
2923.02(A); R.C. 2907.02(A)(1)(b); gross sexual imposition; R.C.
2907.02(A)(4); R.C. 2953.08(G)(2); consecutive sentences; R.C.
2929.14(C)(4). |
O'Toole |
6/23/2014 |
2014-Ohio-2699 |
State v. Wolf |
2013-G-3152 |
CRIMINAL
LAW - R.C. 4511.31; sufficiency of the evidence; manifest weight of the
evidence; crossing the center line; interference with the safe
operation of traffic being overtaken. |
Cannon |
6/23/2014 |
2014-Ohio-2698 |
State v. Kuscsik |
2013-A-0058 |
DRUG
OFFENSES - illegal manufacture of methamphetamine; illegal assembly or
possession of chemicals for manufacture of meth; sufficient evidence to
support appellant's conviction as principal or aider or abettor was
presented where officer detected strong odor of meth in appellant's
house, especially near his bedroom; appellant's longtime friend, with
whom appellant admitted he has used drugs and who appellant admitted
brought two meth labs with him that night, was found by police in
appellant's bedroom manufacturing meth; appellant's friend told police
he came to appellants house that night to buy drugs; materials used in
production and use of meth were found in appellant's bedroom; and meth
was found on several of those items. |
Rice |
6/23/2014 |
2014-Ohio-2697 |
Nappi v. Nappi |
2013-A-0041 |
DOMESTIC - qualified domestic relations order; frozen coverture method; traditional coverture method. |
Per Curiam |
6/23/2014 |
2014-Ohio-2696 |
State v. Spears |
2013-A-0027 |
CRIMINAL
- Anders; receiving stolen property; Crim.R. 11; guilty plea;
substantial compliance; ineffective assistance of counsel; R.C. 2929.11. |
Cannon |
6/23/2014 |
2014-Ohio-2695 |
State v. Bowers |
2014-T-0025 |
APPELLATE REVIEW - App.R. 5(A); delayed appeal; no notice of appeal filed. |
Cannon |
6/16/2014 |
2014-Ohio-2568 |
State v. Elder |
2013-L-128 |
CRIMINAL
- motion for a new trial; Crim.R. 5(B)(7); preliminary hearing; uniform
traffic citation; indictment; Traf.R. 2(A); lack of prejudice; Crim.R.
11(A); entry of not guilty plea; structural error; failure to assert a
sufficiently specific assignment of error |
Grendell |
6/16/2014 |
2014-Ohio-2567 |
State v. Thompson |
2013-A-0033 |
CRIMINAL
LAW - SEARCH & SEIZURE - where appellant crossed fog line three
times and followed a vehicle too closely in violation of Revised Code,
trooper had probable cause to stop him; where multiple Evans factors are
present and trooper had experience in dealing with drunk drivers, he
had sufficient grounds to ask appellant to submit to field sobriety
tests; where appellant generally argued in his motion to suppress that
state failed to administer field sobriety tests in substantial
compliance with applicable standards without specifying which standards
were violated, trooper's general testimony that his test procedures
complied with standard procedures overcame motion to suppress; where
trooper followed procedures adopted by NHTSA in administering field
sobriety tests, although he did not expressly testify to such, he
administered them in substantial compliance with those standards. |
Rice |
6/16/2014 |
2014-Ohio-2566 |
Hylbert v. WEB Bldg. & Dev., Inc. |
2013-P-0095 |
CIVIL - summary judgment; implied-in-fact contract; promissory estoppel; de novo review; Civ.R. 56; representative capacity. |
Cannon |
6/9/2014 |
2014-Ohio-2456 |
State v. Householder |
2013-P-0092 |
CRIMINAL - felony sentencing; consecutive sentences; R.C. 2929(C)(4); statutory findings; Crim.R. 32(A)(4) |
Grendell |
6/9/2014 |
2014-Ohio-2455 |
Cireddu v. Clough |
2013-L-092 |
DOMESTIC
RELATIONS - visitation; abuse of discretion; discovery; production of
documents; child support modification; verification of income; variable
income; Civ.R 53(D)(4)(d); additional evidence; child support deviation;
equal parenting time; tax exemption designation; modification of
visitation; best interest of the child; R.C. 3109.051 |
Grendell |
6/9/2014 |
2014-Ohio-2454 |
State v. Goldberg |
2013-A-0063 |
CRIMINAL
LAW - Sufficiency of the evidence; territorial jurisdiction; municipal
court; R.C. 1901.02(A); R.C. 1901.01(A); location where crime was
committed; manifest weight of the evidence; circumstantial evidence;
criminal damaging; use of car key to scratch paint on another vehicle. |
WRIGHT |
6/9/2014 |
2014-Ohio-2453 |
Tuli v. Tuli |
2013-T-0092 |
DOMESTIC
RELATIONS - Civ.R. 60(B) motion; abuse of discretion; meritorious
defense; grounds for relief; newly discovered evidence; Civ. R.
60(B)(5); reservation of right to file 60(B) motion. |
Grendell |
6/2/2014 |
2014-Ohio-2330 |
State v. Porterfield |
2014-T-0005 |
VEXATIOUS LITIGATOR - R.C. 2323.52(G); denial of request for leave at trial level to file new motion; non-appealable judgment. |
Wright |
5/27/2014 |
2014-Ohio-2225 |
State v. Lewis |
2013-L-111 |
CRIMINAL LAW - Alleyne; Apprendi; post-conviction; retroactive; retroactivity; timeliness. |
Wright |
5/27/2014 |
2014-Ohio-2224 |
King v. King |
2013-G-3155 |
DOMESTIC
RELATIONS - Enforcement of separation agreement; appointment of
receiver to sell marital residence; failure of wife to refinance loan so
that husband is no longer liable; execution of quitclaim deed has no
effect upon liability; issue previously litigated; res judicata;
improper use of Civ.R. 60(B). |
Wright |
5/27/2014 |
2014-Ohio-2223 |
State v. Smith |
2013-A-0061 |
CRIMINAL
LAW - right to court-appointed counsel; right to jury trial; discovery;
speeding; R.C. 4511.21(D)(2); reckless operation of a motor vehicle;
R.C. 4511.20; prior conviction; Crim.R. 44; no court-appointed counsel
results in inability to impose prison term; petty offense; minor
misdemeanor; prosecutorial discretion in charging; Crim.R. 12(H); waiver
of pre-trial criminal issues. |
Cannon |
5/19/2014 |
2014-Ohio-2115 |
State v. Johnson |
2013-T-0121 |
APPELLATE REVIEW - App.R. 5(A); delayed appeal; reason does not justify delay; Loc.R. 3(D)(3). |
Cannon |
5/12/2014 |
2014-Ohio-2015 |
State v. Wilson |
2013-L-075 |
CRIMINAL - Grand Theft; involuntary plea; error in transcript; App.R. 9(E) correction of the record |
Grendell |
5/12/2014 |
2014-Ohio-2014 |
Kolleda v. Kolleda |
2013-L-069 |
parental rights; change of custody; R.C. 3109.04(E)(1)(a)(iii); change in circumstances; best interests; contempt |
Grendell |
5/12/2014 |
2014-Ohio-2013 |
State v. Demeo |
2013-A-0067 |
CRIMINAL
LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - grand theft; R.C.
2929.11; R.C. 2929.12; consecutive sentences are reviewed under R.C.
2953.08(G)(2); R.C. 2929.14(C)(4); maximum sentence. |
O'Toole |
5/12/2014 |
2014-Ohio-2012 |
Mentor v. Meyers |
2012-L-141 |
CRIMINAL
- pro se defendant; minor misdemeanor; disorderly conduct; right to
court-appointed trial counsel; right to jury trial; Crim.R. 16; motion
to compel discovery; right to confrontation; right to present favorable
witnesses; Sixth Amendment; First Amendment; protected speech; fighting
words; right to court-appointed appellate counsel; loss of liberty;
contempt; right to trial transcripts; App.R. 9; debtor's prison. |
Cannon |
5/12/2014 |
2014-Ohio-2011 |
State v. Lane |
2013-G-3144 |
STATUTES
- CONSTITUTION - Ohio's mandatory juvenile bindover statutes, R.C.
2152.10 and R.C. 2152.12, do no not violate due process, equal
protection, or prohibition against cruel and unusual punishment.
CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - juvenile
homicide offender's discretionary life without parole sentence is not
cruel and unusual punishment where trial court considered offender's
youth as a mitigating factor; Miller v. Alabama; State v. Long;
ineffective assistance of counsel; consecutive sentences are not
contrary to law when trial court makes required findings under R.C.
2929.14(C).. |
Rice |
5/12/2014 |
2014-Ohio-2010 |
State v. Johnson |
2014-G-3200 |
APPELLATE REVIEW- Final appealable order; criminal proceeding; lack of sentencing order; finding of guilt insufficient. |
Wright |
5/5/2014 |
2014-Ohio-1875 |
State v. Warner |
2013-P-0056 |
CRIMINAL
LAW - SEARCH & SEIZURE - where police officer lawfully stops
defendant in vehicle and defendant then parks and flees on foot
defendant voluntarily abandons vehicle and cannot challenge search of
its contents; where trial court did not address abandonment there is no
need to remand for court to rule on this issue where evidence could only
result in finding that defendant voluntarily abandoned vehicle. |
Rice |
5/5/2014 |
2014-Ohio-1874 |
Kilroy v. Sheridan |
2013-P-0052 |
APPELLATE
REVIEW - R.C. 2505.02(B); final appealable order; declaratory judgment
action; failure to analyze disputed language in written easement and
delineate rights and responsibilities of the parties; mere granting of
summary judgment insufficient to issue final order. |
Wright |
5/5/2014 |
2014-Ohio-1873 |
Stewart v. Tabitha ("E") |
2013-P-0009 |
CIVIL
PROCEDURE - Civ.R. 60(B); motion for relief from judgment; motion for
relief of judgment cannot substitute a direct appeal; App.R. 4;
untimely, one year window Civ.R. 60(B)(3). |
Wright |
5/5/2014 |
2014-Ohio-1872 |
Swartz v. Formica Plumbing & Sewer Co. |
2013-L-134 |
APPELLATE
REVIEW - lack of a final appealable order; Civ.R. 54(B); multiple
claims or parties; counterclaims; no just reason for delay |
Grendell |
5/5/2014 |
2014-Ohio-1871 |
State v. Moore |
2013-L-052 |
POST
CONVICTION RELIEF - R.C. 2953.23(A)(1); successive petitions for
postconviction relief; Lafler v. Cooper, __U.S. __, 132 S.Ct. 1376
(2012) and Missouri v. Frye, __U.S. __, 132 S.Ct. 1399 (2012) did not
recognize any new constitutional right; R.C. 2929.14(B)(1)(g); if a
defendant is found guilty of two counts of aggravated robbery, each
including a firearm specification pursuant to R.C. 2941.145. the trial
court cannot merge the firearm specifications for sentencing purposes. |
O'Toole |
5/5/2014 |
2014-Ohio-1870 |
Rhoades v. Rhoades |
2013-A-0051 |
DOMESTIC
RELATIONS - GENERAL - R.C. 3105.171(C)(1); an equal division of marital
property is not required if an equal division is inequitable; a trial
court's division of marital property is reviewed for abuse of
discretion; R.C. 3105.171(A)(2)(a); the date for determining the value
of marital property is generally the date of final hearing; spousal
support; R.C. 3105.18(B); R.C. 3105.18(C)(1). |
O'Toole |
5/5/2014 |
2014-Ohio-1869 |
Garcia v. Gillette |
2013-A-0015 |
REAL
PROPERTY - a trial court's determination of damages is reviewed for
abuse of discretion; R.C. 713.13; trial courts are not required to grant
injunctive relief to cure nuisances under R.C. 713.13 when such relief
would be excessively burdensome; the grant or denial of attorney fees in
a case for trespass is within the discretion of the trier of facts;
when property values can be ascertained with certainty approximations of
value are disfavored. |
O'Toole |
5/5/2014 |
2014-Ohio-1868 |
State v. Johnson |
2014-G-3187 |
APPELLATE
REVIEW-CRIMINAL - denial of motion to suppress and for change of venue
are not final appealable orders until sentence is rendered. |
Wright |
4/28/2014 |
2014-Ohio-1781 |
Aquasea Group, L.L.C. v. Singletary |
2013-T-0120 |
APPELLATE
REVIEW - lack of a final appealable order; R.C. 2505.02(B)(4);
preliminary injunction; permanent injunction; status quo; calculable
monetary losses |
Grendell |
4/28/2014 |
2014-Ohio-1780 |
Meadows v. Trumbull Cty. Health Dept. |
2013-T-0105 |
APPELLATE REVIEW - lack of a final appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delay. |
Grendell |
4/28/2014 |
2014-Ohio-1779 |
State v. Williams |
2013-T-0070 |
CRIMINAL
LAW - Criminal conviction for felonious assault; manifest weight of the
evidence; witness credibility; existence of conflicting testimony as to
non-element issue; factfinder can believe all, part, or none of a
witness's testimony. |
Wright |
4/28/2014 |
2014-Ohio-1778 |
Avakian v. Avakian |
2013-P-0081 |
APPELLATE
REVIEW - Contempt of court has two elements; finding of contempt and
imposition of penalty or sanction; no final order until both are met. |
Rice |
4/28/2014 |
2014-Ohio-1777 |
Novy v. Ferrera |
2013-P-0063 |
CIVIL -
Trespass; Nuisance; Intentional Interference with the Flow of Water;
summary judgment; negligence, reasonable-use rule; duplicative claims;
manifest weight of the evidence; nominal damages required in trespass
case; punitive damages; permanent injunction; abuse of discretion;
irreparable injury; public interest; admission of evidence; Evid.R. 703;
failure to disclose witness |
Grendell |
4/28/2014 |
2014-Ohio-1776 |
State v. Lynch |
2013-A-0039 |
CRIMINAL
LAW - illegal manufacture of methamphetamine; illegal assembly or
possession of chemicals for the manufacture of drugs; speedy trial;
motion to dismiss; ineffective assistance of counsel; manifest weight,
sufficient weight; statutory right to speedy trial; triple county
provision; pending on one charge. |
Wright |
4/28/2014 |
2014-Ohio-1775 |
State v. Jarvi |
2013-A-0037 |
CRIMINAL
LAW - Sentencing; R.C. 2929.12; factors relating to seriousness of
offense and recidivism; no duty for trial court to discuss factors on
record; presumption of consideration; appellate standard for review of
felony sentence; adherence to applicable law; abuse of discretion;
seriousness of offense entitled to greater weight under circumstances. |
Wright |
4/28/2014 |
2014-Ohio-1774 |
State v. Finch |
2013-P-0046 |
SENTENCING
- photographing a nude minor, R.C. 2907.323; mental illness; Kalish;
felony sentencing; second degree felony; consideration of R.C. 2929.12;
presume consideration of R.C. 2929.12 factors from silent record. |
Wright |
4/21/2014 |
2014-Ohio-1680 |
State v. Reyes |
2013-P-0049 |
CRIMINAL
PROCEDURE - Guilty plea; motion to withdraw plea; Crim.R. 32.1;
post-judgment standard; manifest injustice; need for evidentiary
hearing; joint sentencing recommendation; not binding upon trial court;
no breach of promise by state. |
Wright |
4/21/2014 |
2014-Ohio-1679 |
Mundy v. Mundy |
2013-P-0102 |
APPELLATE REVIEW - lack of a final, appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delay. |
Cannon |
4/21/2014 |
2014-Ohio-1678 |
In re D.A. |
2013-T-0059 |
JUVENILE
- Finding of delinquency based upon sex offense; two-step process for
deciding if juvenile should be classified as a juvenile sex offender;
juvenile offender registrant; discretionary determination under certain
circumstances; R.C. 2152.83(B)(1); failure of trial court to exercise
discretion and consider statutory factors; meaningful opportunity to
address factors during hearing; timing of decision to classify juvenile
as a sex offender; discretion of trial court under R.C. 2152.83(B). |
Wright |
4/21/2014 |
2014-Ohio-1677 |
State v. Floyd |
2013-T-0097 |
APPELLATE REVIEW - App.R. 5(A); delayed appeal; reason does not justify delay. |
Grendell |
4/21/2014 |
2014-Ohio-1676 |
State v. Sanders |
2013-P-0087 |
CRIMINAL
PROCEDURE - Crim.R. 32(C); requirements for valid final sentencing
judgment; statement of "fact" of conviction; statement of acceptance of
guilty plea not mandatory; de novo sentencing hearing not required when
case is remanded for proper notification of post-release control. |
Wright |
4/14/2014 |
2014-Ohio-1573 |
Career & Technical Assn. v. Auburn Vocational School Dist. Bd. of Edn. |
2013-L-010 |
CONTRACTS
- interpretation of contract requires ambiguity; collective bargaining
agreement; provision requiring extra payment for teacher where no
planning period is provided; where provision is ambiguous question of
fact exists as to parties' intent; where contract term is ambiguous
court must consider parol evidence; title of contract provision is
generally considered in determining meaning of provision; technical |
Rice |
4/14/2014 |
2014-Ohio-1572 |
Wolkoff v. Bloom Bros. Supply, Inc. |
2013-G-3160 |
CIVIL -
notice of appeal; App.R. 4(A); appellate jurisdiction; App.R. 3(A);
magistrate decisions; objections; transcript; Civ.R. 53(D)(3)(b)(iii) |
Grendell |
4/14/2014 |
2014-Ohio-1567 |
State v. Gray |
2014-T-0008 |
APPELLATE REVIEW - App.R. 4(A); thirty-day rule; untimely appeal. |
Cannon |
4/7/2014 |
2014-Ohio-1476 |
Bank of Am. v. Kohler |
2014-P-0004 |
APPELLATE REVIEW - App.R. 4(A); thirty-day rule; untimely appeal. |
O'Toole |
4/7/2014 |
2014-Ohio-1475 |
In re Adoption of J.A.B. |
2013-T-0114 |
PROBATE
- petition for placement for adoption; termination of parental rights;
incarcerated father's right to consent; R.C. 5103.16(D)(3); R.C.
3107.07(A); justifiable cause; support. |
O'Toole |
3/31/2014 |
2014-Ohio-1375 |
State ex rel. Huntington Natl. Bank v. Kontos |
2013-T-0089 |
EXTRAORDINARY WRITS - procedendo; prohibition; an adequate legal remedy does exist; motion to dismiss granted. |
O'Toole |
3/31/2014 |
2014-Ohio-1374 |
Fiduciary Trust Co. v. Bigley |
2013-T-0077 |
CIVIL - Civ.R. 60(B); timeliness; reasonable; abuse of discretion; failure to hold a hearing. |
Cannon |
3/31/2014 |
2014-Ohio-1373 |
King Painting & Wallpapering, Inc. v. Aswin Ganapathy Hospitality Assocs., L.L.C. |
2013-T-0076 |
OTHER
CIVIL RULES - discovery; trial court's decisions regarding discovery can
only be overturned on a showing of an abuse of discretion; Civ.R. 36;
any matter admitted under this rule is conclusively established; if
discovery requests include requests for admission, caption must indicate
they include requests for admission; waiver; lack of prejudice from
failure of caption to indicate discovery requests include requests for
admission; when request for admission contains several assertions of
fact, general denial to the request for admission amounts to an
admission; Civ.R. 56; a request for admission deemed admitted is
competent evidence to support motion for summary judgment. |
Rice |
3/31/2014 |
2014-Ohio-1372 |
State v. Weaver |
2013-T-0066 |
CRIMINAL
LAW – CONSTITUTIONAL – constitutional arguments may be reviewed for the
first time on appeal; repeat violent offender specification; special
finding by the jury that defendant inflicted, attempted to inflict, or
threatened to inflict serious physical harm; R.C. 2929.14(B)(2)(a)(ii)
is not void for vagueness. |
Cannon |
3/31/2014 |
2014-Ohio-1371 |
Rossi v. Rossi |
2013-T-0058 |
DOMESTIC RELATIONS - division of assets; disability benefits; new trial; interpretation of judgment entry. |
Wright |
3/31/2014 |
2014-Ohio-1370 |