Case Name |
Case No. |
Topics and Issues |
Author |
Decided |
WebCite |
State v. Jamison |
L-12-1274 |
Appellant’s
conviction for the kidnapping and rape of a developmentally delayed
minor was supported by ample evidence. Judgment affirmed. |
Osowik |
7/25/2014 |
2014-Ohio-3275 |
State v. Gist |
L-12-1355 |
Jury
verdicts and trial finding appellant guilty of possession of cocaine, a
violation of R.C. 2925.11(A) and (C)(4)(a) and having weapons while
under disability, a violation of R.C. 2923.13(A)(3) were supported by
sufficient evidence and were not against the manifest weight of the
evidence. |
Pietrykowski |
7/25/2014 |
2014-Ohio-3274 |
K. Ronald Bailey & Assoc. Co. L.P.A. v. Jeremy |
E-12-081 |
It is not within a trial court’s discretion to refuse to award prejudgment interest in claims falling under R.C. 1342.03(A). |
Pietrykowski |
7/25/2014 |
2014-Ohio-3273 |
State v. Gonzalez |
L-13-1206, L-13-1207 |
Absent
a factual background in an allegedly comparable case, similar
convictions for illegal use of a minor in nudity-oriented material which
resulted in divergent sentences did not render appellant’s sentence
unlawful. R.C. 2929.11, R.C. 2929.12, disproportionate. |
Pietrykowski |
7/25/2014 |
2014-Ohio-3272 |
State v. Cunningham |
S-13-041 |
Evidence failed to demonstrate that appellant’s intoxication rendered statements to police involuntary. Suppress; Townsend. |
Pietrykowski |
7/25/2014 |
2014-Ohio-3271 |
In re J.S. |
L-14-1055 |
Trial
court’s judgment terminating mother’s parental rights supported by clear
and convincing evidence. No meritorious grounds for appeal. Counsel’s
motion to withdraw granted. |
Pietrykowski |
7/16/2014 |
2014-Ohio-3130 |
Wenzke v. Baird |
L-13-1244 |
Appellant-landlord
appeals housing court’s adoption of magistrate’s decision to abate
rent, terminate rental agreement and order landlord to repair or replace
six non-operational windows. Because the housing condition did not
materially affect health and safety or render the premises unfit or
uninhabitable, appellee was not entitled to the remedies set forth under
R.C. 5321.07(B). Therefore, we reverse, in part, the judgment of trial
court. |
Jensen |
7/11/2014 |
2014-Ohio-3069 |
Blumensaadt v. Put-In-Bay Police Dept. |
OT-13-005 |
Appellant failed to articulate or establish trial court errors. Judgment affirmed. |
Osowik |
7/11/2014 |
2014-Ohio-3068 |
Nestor v. Tone |
E-14-092 |
Complaint for writ of procedendo sua sponte dismissed for failure to properly caption the action. |
Singer |
7/10/2014 |
2014-Ohio-3071 |
In re E.S. |
OT-14-008, OT-14-009, OT-14-011, OT-14-012 |
Trial
court’s decision terminating parental rights and granting permanent
custody to agency was not against manifest weight of evidence where
parents entered into joint case plan, mother failed to complete her
plan, and concerns remained as to whether father had abused mother after
completing batterers’ intervention program. Attorney/guardian ad
litem’s testimony and report were admissible despite failure to comply
with all Sup.R. 48 guidelines. |
Jensen |
7/10/2014 |
2014-Ohio-3067 |
State v. Mathis |
E-13-017 |
Pursuant to Crim.R. 46(H), our disposition of the appeal automatically terminated the appeal bond. |
Jensen |
7/8/2014 |
2014-Ohio-3070 |
Shefkiu v. Worthington Industries, Inc. |
F-13-014 |
Injured
party who files for bankruptcy lacks standing to pursue a claim against
the alleged tortfeasor because the claim is the property of the
bankruptcy estate. A plaintiff who does not have standing cannot avail
himself of the Rules of Civil Procedure to add an additional plaintiff,
in this case the bankruptcy trustee, who does have standing. |
Yarbrough |
7/3/2014 |
2014-Ohio-2970 |
In re E.S. |
L-13-1217, L-13-1218 |
A
juvenile court does not abuse its discretion by committing a delinquent
juvenile to the Ohio Department of Youth Services for a minimum period
of 90 days for a violation of supervised release and ordering that
sentence to be served consecutive to a term of commitment for attempted
burglary. |
Yarbrough |
7/3/2014 |
2014-Ohio-2969 |
State v. Hayes |
L-13-1204 |
When
imposing a consecutive sentence the trial court erred in failing to make
the findings required under R.C. 2929.14(C) in the sentencing entry. |
Pietrykowski |
7/3/2014 |
2014-Ohio-2968 |
Wofford v. Auto Owners Ins. |
L-13-1254 |
Trial
court did not err by vacating previous order granting a default judgment
in favor of appellant. Trial court did not err by granting appellee’s
motion for a directed verdict at the close of appellant’s case where
appellant had not made out his case by a preponderance of the evidence. |
Osowik |
6/27/2014 |
2014-Ohio-2841 |
Wilken v. Wachovia Bank of Delaware, N.A. |
H-13-020 |
The
law of the case doctrine prohibits a trial court from reconsidering its
judgment awarding an amount of attorney fees in a class action lawsuit
after that judgment has been affirmed on appeal. Statutory postjudgment
interest on a settlement agreement begins to accrue on the date the
parties have designated as when the monies are due to be paid. |
Yarbrough |
6/27/2014 |
2014-Ohio-2840 |
State v. Watson |
L-13-1089 |
Appellant’s Alford plea was knowingly and intelligently entered. |
Singer |
6/27/2014 |
2014-Ohio-2839 |
State v. Taysom |
H-13-031, H-13-032 |
Conviction following a bench trial was not against the manifest weight of the evidence. |
Singer |
6/27/2014 |
2014-Ohio-2838 |
State v. Carter |
L-14-1012 |
Appellant’s
motion for allied-offense determination was properly treated as a
petition for postconviction relief, was untimely filed, and was barred
by the doctrine of res judicata. Additionally, appellant improperly
sought retroactive application of a judicial ruling. |
Jensen |
6/27/2014 |
2014-Ohio-2837 |
State v. English |
H-13-024 |
Defendant’s
motion to dismiss on the basis that the state failed to preserve
materially exculpatory video evidence was properly denied where the
evidence was not destroyed in bad faith and defendant was able to obtain
the same evidence depicted in the video through other reasonable means |
Jensen |
6/27/2014 |
2014-Ohio-2836 |
State v. Skrepenski |
WD-13-036 |
Claim
of ineffective assistance of trial counsel must fail where appellant
does not demonstrate a reasonable probability that the outcome would
have been different had counsel not committed the alleged errors.
Evidence showing that appellant had previously been told never to return
to Walmart property is sufficient to demonstrate that he was
trespassing for the purposes of a burglary conviction based on his
attempted theft of property. |
Yarbrough |
6/27/2014 |
2014-Ohio-2835 |
State v. Williams |
L-13-1053, L-13-1054 |
Trial
court did not err in determining an aggravated murder defendant was
competent to waive counsel and defend herself at trial. Court’s waiver
colloquy adequately advised defendant of the charges and potential
penalties, as well as her prospects for success. Trial court properly
determined that counsel waiver was voluntarily, knowingly and
intelligently entered. |
Singer |
6/27/2014 |
2014-Ohio-2834 |
In re Adoption of A.M. |
H-14-007 |
Trial court did not violated appellant’s due process rights by granting appellee’s petition to adopt the minor child A.M. |
Osowik |
6/27/2014 |
2014-Ohio-2833 |
In re Guardianship of Soltesz |
E-13-067, E-13-072 |
R.C.
149.43 provides for relief from a public office’s noncompliance with the
public records law via a mandamus action. Thus, appellant’s
assignments or error challenging the probate court’s denial of his
motion for correction of the record are without merit where the action
is not a mandamus action. |
Yarbrough |
6/27/2014 |
2014-Ohio-2832 |
In re Er.P. |
L-14-1006 |
Trial
court’s finding under R.C. 2151.414(B)(1)(a) that children cannot be
placed with mother within a reasonable time or should not be placed with
mother is not against the manifest weight of the evidence where the
child suffered abuse, the mother could not explain the injuries, and the
mother did not take responsibility for the safety of her child. |
Yarbrough |
6/27/2014 |
2014-Ohio-2831 |
State v. Galloway |
L-13-1155 |
A motion to correct or vacate a sentence is a petition for postconviction relief irrespective of its caption. |
Singer |
6/27/2014 |
2014-Ohio-2830 |
State v. DeLong |
WD-13-007 |
In a
case involving a nuisance party ordinance and a charge of underage
possession of alcohol, the trial court erred when it denied the
defendant’s motion to suppress where no exception to the warrant
requirement for entry into a residence existed. |
Pietrykowski |
6/27/2014 |
2014-Ohio-2829 |
Basista v. Basista |
WD-13-081 |
Spousal support, Child support, calculation |
Singer |
6/27/2014 |
2014-Ohio-2828 |
State ex rel. Bristow v. Chief of Police, Cedar Point Police Dept. |
E-14-008 |
Accepting
the allegations set forth in a public records mandamus action as true,
we deny respondent’s Civ.R. 12(B)(6) motion because relator’s petition
alleges: (1) he requested certain public records, (2) the respondent
failed to respond to his requests, (3) relator alleges he is entitled to
the records, and (4) respondent is under a clear legal duty to provide
the public records. |
Jensen |
6/25/2014 |
2014-Ohio-2842 |
Windnagle v. CSI Tax Group, L.L.C. |
L-13-1171 |
We
find a discrepancy between the amount of renovation costs prayed for by
the appellee and the amount of renovation costs awarded to appellee as
setoff in the judgment entry. Because we are unable to discern the
trial court’s intent based upon the limited record before us, we remand
the matter to the trial court for clarification. |
Jensen |
6/20/2014 |
2014-Ohio-2694 |
State v. Williams |
S-12-039 |
The
trial court did not err in sentencing appellant to a maximum prison term
for a third-degree felony but did err in imposing the costs of
prosecution without making the statutorily required notifications. |
Pietrykowski |
6/20/2014 |
2014-Ohio-2693 |
State v. Tunison |
WD-13-046 |
Appellant
pled guilty to attempting to engage in a pattern of corrupt activity
and was sentenced to 24 months in prison. On appeal, appellant alleges
multiple procedural errors under Crim.R. 11, 32, and R.C. 2947.23. We
affirm appellant’s conviction. |
Jensen |
6/20/2014 |
2014-Ohio-2692 |
State v. Mitchell |
L-13-1149 |
Trial court did not abuse its discretion in sentencing appellant. Judgment affirmed. |
Osowik |
6/20/2014 |
2014-Ohio-2691 |
State v. Rivera |
L-13-1177 |
Defendant’s
challenge to the court’s jurisdiction was actually a challenge to venue
which he waived by entering a guilty plea and which was barred by res
judicata due to his failure to assert in prior appeal. Trial court’s
judgment entry properly advised defendant of the consequences of a
violation of postrelease control conditions and court’s failure to
journalize entry within thirty days did not render judgment void. |
Jensen |
6/20/2014 |
2014-Ohio-2690 |
State v. James |
L-12-1284 |
This
is an appeal from a judgment of the Lucas County Court of Common Pleas
which found defendant-appellant guilty of murder and two counts of
felonious assault. Defendant challenges his conviction on sufficiency
and manifest weight of the evidence grounds. Defendant also argues that
the trial court erred by imposing consecutive sentences. For the
reasons set forth below, we affirm. |
Jensen |
6/20/2014 |
2014-Ohio-2689 |
State v. Connelly |
WD-13-080 |
Under
either R.C. 4511.36(A)(2) or (A)(3), police officer had reasonable,
articulable suspicion to initiate a traffic stop where the defendant
made a left-hand turn into the far right lane of a four-lane street
instead of into the lane just right of the center line. |
Jensen |
6/20/2014 |
2014-Ohio-2688 |
Hogrefe v. Mercy St. Vincent Med. Ctr. |
L-13-1265 |
Appellants
failed to raise a genuine issue of material fact on causation in a
medical malpractice action against an occupational therapist, in which
they allege that the therapist negligently failed to inform the
physician of the patient’s symptoms in a timely manner, where the
patient testifies that she informed the physician of her symptoms and
appellants’ expert testimony confirms that such information was provided
to the physician with enough time for the physician to treat the
patient. |
Yarbrough |
6/20/2014 |
2014-Ohio-2687 |
Toledo v. Adlrich |
L-13-1199 |
Conviction was not against the manifest weight of the evidence. Judgment affirmed. |
Osowik |
6/20/2014 |
2014-Ohio-2686 |
State v. Washington |
L-13-1201 |
Imposition
of consecutive sentences in contravention of state’s recommendation of
concurrent sentences is not error where the trial court makes the
required findings under R.C. 2929.14(C)(4), those findings are supported
by the record, and the trial court informed appellant that it was not
bound by the state’s recommendation |
Yarbrough |
6/13/2014 |
2014-Ohio-2565 |
State v. Baker |
WD-13-074 |
The
trial court properly granted defendant’s motion to suppress evidence
obtained during a traffic stop where the sheriff’s deputy lacked
reasonable, articulable suspicion to believe that defendant committed a
marked lanes violation. |
Jensen |
6/13/2014 |
2014-Ohio-2564 |
State v. Moore |
WD-13-033 |
The trial court did not err when it terminated appellant’s community control without first conducting a hearing. |
Pietrykowski |
6/13/2014 |
2014-Ohio-2563 |
Mays v. Toledo Hosp. |
L-13-1260 |
The trial court did not err when it denied appellant’s Civ.R. 60(B) motion for relief from judgment. |
Pietrykowski |
6/13/2014 |
2014-Ohio-2562 |
State v. Matthews |
S-13-026 |
Trial
court did not apply the incorrect burden of proof and court’s finding
that appellant violated probation was not an abuse of discretion.
Appellant was not deprived of his right to cross-examine a witness
against him, his right to make a closing statement or his right to
effective assistance of counsel. |
Osowik |
6/13/2014 |
2014-Ohio-2561 |
State v. M.H. |
H-13-012 |
Appellant’s
due process rights were not violated at sentencing hearing where
appellant has not shown he was denied the right to review the
presentence investigation report. |
Osowik |
6/13/2014 |
2014-Ohio-2560 |
Kauffman v. Kauffman |
S-13-014 |
In a
divorce action, the trial court did not err in awarding custody,
ordering child support, and allocating the parties’ assets and debts. |
Pietrykowski |
6/13/2014 |
2014-Ohio-2559 |
Gaylord v. Tipping |
L-13-1219 |
We
find that the trial court did not abuse its discretion when it denied a
tenant’s untimely Civ.R. 53(D)(2)(b) motion to set aside magistrate’s
order in a forcible entry and detainer action. |
Jensen |
6/13/2014 |
2014-Ohio-2558 |
State v. Williams |
WD-12-052 |
Appellant’s
conviction on one count of theft by deception was supported by
sufficient evidence and was not against the manifest weight of the
evidence. |
Pietrykowski |
6/6/2014 |
2014-Ohio-2438 |
State v. Jude |
WD-13-055 |
Imposition
of consecutive sentences is clearly and convincingly contrary to law
where the trial court fails to make any of the statutorily required
findings under R.C. 2929.14(C)(4). |
Yarbrough |
6/6/2014 |
2014-Ohio-2437 |
State v. Edwards |
WD-13-037 |
The
trial court failed to articulate reasons for enhancing defendant’s
sentence on resentencing following defendant’s successful appeal. An
appellate court can consider the propriety of only the sentence appealed
from and, therefore, cannot affirm a trial court’s sentence on the
basis that defendant’s aggregate sentence for multiple offenses had
remained unchanged. |
Jensen |
6/6/2014 |
2014-Ohio-2436 |
State v. Johnson |
WD-13-008, WD-13-009 |
State
failed to prove service of protection orders appellant was accused of
violating. Convictions vacated for want of sufficient evidence. |
Singer |
6/6/2014 |
2014-Ohio-2435 |
Mettler v. Husted |
L-13-1122 |
We
affirm the judgment of the trial court granting summary judgment in
favor of the board of elections. The plain language of R.C. 3501.11(X)
clearly and unambiguously provides that should a board of elections be
unable to arrive at a decision on a question and the director submits
the matter in controversy to the secretary of state, the secretary of
state “shall summarily decide the question” and the secretary’s decision
“shall be final.” |
Jensen |
6/6/2014 |
2014-Ohio-2434 |
State v. McCormick |
L-13-1147, L-13-1148 |
Felonious
assault and abduction were separate offenses with separate animus and
not subject to merger. Trial court did not err in imposing maximum,
consecutive sentences. |
Singer |
6/6/2014 |
2014-Ohio-2433 |
Keller v. Knight |
WD-13-066 |
Granting
of civil stalking protection order is not against the manifest weight
of the evidence where the respondent follows, harasses, and verbally
abuses the petitioner. Civ.R. 53(D)(3)(a)(iii) requirement that the
magistrate notify the respondent of his opportunity to object to the
findings, and the consequences for failing to object, does not apply to
civil protection orders under Civ.R. 65.1. |
Yarbrough |
6/6/2014 |
2014-Ohio-2432 |
G.K.G. Builders, Inc. v. Burgess |
L-13-1228 |
We
find that the trial court did not abuse its discretion when it denied a
tenant’s motion to set aside judgment for lack of proper service in a
forcible entry and detainer action despite having received notice from
the United State Postal Service that the summons issued by regular mail
was “NOT DELIVERABLE AS ADDRESSED – UNABLE TO FORWARD.” |
Jensen |
6/6/2014 |
2014-Ohio-2431 |
State v. Stine |
L-13-1183 |
Appellant
fails to show a prejudicial effect despite the trial court improperly
informing him that he may be sentenced to community control, even though
the offense requires a prison sentence, where appellant states that he
would like to maintain his plea of no contest even presuming that he
would serve an 11-year prison sentence. |
Yarbrough |
5/30/2014 |
2014-Ohio-2325 |
State v. Grace |
L-13-1126 |
Trial
court’s imposition of a maximum sentence for a fifth-degree felony,
which is ordered to be served consecutively to a prison term out of a
separate court, is not error where the court makes the appropriate
findings under R.C. 2929.13(B)(1)(b) and R.C. 2929.14(C)(4), and those
findings are clearly and convincingly supported by the record. |
Yarbrough |
5/30/2014 |
2014-Ohio-2324 |
State v. Goodwin |
L-12-1341 |
Defendant’s
aggravated robbery and robbery convictions were not against the
manifest weight of the evidence despite the fact that results of DNA
analysis did not implicate him and main details of the crime came from
co-defendant who entered into plea agreement. Jury instructions and
admonitions were proper. |
Jensen |
5/30/2014 |
2014-Ohio-2323 |
State v. Goings |
L-13-1103 |
Trial
court did not abuse its discretion by denying appellant’s motion to
withdraw his Alford plea; trial court made the necessary findings to
impose consecutive sentences. |
Singer |
5/30/2014 |
2014-Ohio-2322 |
State v. Polus |
L-13-1119, L-13-1120 |
The
trial court erred in sentencing appellant to serve misdemeanor and
felony sentences consecutively. The trial court also erred in imposing
“6-months’” incarceration instead of “180 days.” This decision is in
conflict with other appellate districts and the issue is certified to
the Supreme Court. App.R. 12(B) permits modification of judgment entry
instead of remanding. |
Jensen |
5/30/2014 |
2014-Ohio-2321 |
In re A.J. |
L-12-1010 |
Father
appeals the juvenile court’s judgment awarding him Level 1 supervised
visitation of his minor children. Father’s appellate counsel filed an
Anders brief, requesting leave to withdraw from the case. We grant
counsel’s request and affirm the decision of the trial court. Recent
termination of father’s parental rights in a companion case involving
the same children (In re A.J., 2014-Ohio-421, 6th Dist. Lucas No.
L-13-1118) renders the instant appeal moot. |
Jensen |
5/30/2014 |
2014-Ohio-2320 |
Star Mgt., L.L.C. v. Fayne |
L-12-1342 |
In a nonpayment of rent and damages action, competent evidence was found supporting the trial court’s judgment. |
Pietrykowski |
5/30/2014 |
2014-Ohio-2319 |
Adams Quality Heating & Cooling v. Erie Cty. Health Dept. |
E-13-040 |
Appellant
appeals the lower court’s decision not to order his reinstatement to a
plumbing registry maintained by county health department despite the
court’s finding that health department’s indefinite suspension of
appellant from the registry was unreasonable. We agree and remand the
matter to the Erie County Court of Common Pleas with the instruction
that it order the department to accept appellant’s application to
register as a person engaged in the plumbing business. The lower
court’s decision is affirmed in all other respects. |
Jensen |
5/30/2014 |
2014-Ohio-2318 |
In re J.R. |
F-13-015 |
Clear
and convincing evidence requires that the proof produce in the mind of
the trier of facts a firm belief or conviction as to the facts sought to
be established. |
Singer |
5/27/2014 |
2014-Ohio-2317 |
State v. Knight |
L-13-1066 |
Robbery
and burglary charges were not allied offenses of similar import; the
imposition of a six-year term of incarceration was not unlawful. |
Singer |
5/23/2014 |
2014-Ohio-2222 |
State v. Whitacker |
WD-13-061 |
The
trial court erred in denying appellant’s motion to suppress because the
police encounter was an investigatory stop which lacked reasonable
suspicion, not a consensual encounter. Informant; multiple police. |
Pietrykowski |
5/23/2014 |
2014-Ohio-2220 |
State v. Ottinger |
L-12-1337, L-12-1338, L-12-1339, L-12-1340 |
Trial
court did not abuse its discretion in sentencing appellant to 68 months
in prison following convictions for 5 felony offenses. |
Pietrykowski |
5/23/2014 |
2014-Ohio-2219 |
State v. Minton |
OT-13-030, OT-13-031 |
Notice
of potential operator’s license suspension in written plea agreement
substantially complied with rule that defendant be informed of
consequences of plea agreement. |
Singer |
5/23/2014 |
2014-Ohio-2218 |
Ludwig v. Ludwig |
L-13-1116 |
The
trial court did not abuse its discretion when it denied appellant’s
motion to modify child support and awarded appellee partial attorney
fees. |
Pietrykowski |
5/23/2014 |
2014-Ohio-2217 |
Good v. Murd |
L-13-1235 |
Landlord not liable for injuries caused to a third party bitten by a tenant’s dog while on the tenant’s leased property. |
Singer |
5/23/2014 |
2014-Ohio-2216 |
State v. Fox |
H-13-022 |
Trial
court did not err in 1989 when it sentenced appellant to two concurrent
terms of life in prison after the jury found appellant guilty of two
counts of rape of a person under the age of thirteen, through the use of
force or threat of force, in violation of R.C. 2907.02(A)(1)(b). |
Jensen |
5/23/2014 |
2014-Ohio-2215 |
Briggs v. GLA Water Mgt. |
WD-12-062, WD-12-063 |
R.C. 2505.02; final, appealable order; dismissal of contempt motion; prejudice |
Osowik |
5/23/2014 |
2014-Ohio-2214 |
Whitetail Orchard, L.L.C. v. Anadell |
E-13-064 |
Under
R.C. 5302.20(C)(2), conveyance of a portion of real property by all
survivorship tenants does not terminate the survivorship tenancy as to
the remaining real property. |
Yarbrough |
5/16/2014 |
2014-Ohio-2110 |
State v. Moore |
L-13-1166 |
Imposition
of consecutive sentences is clearly and convincingly contrary to law
where the trial court fails to make any of the statutorily required
findings under R.C. 2929.14(C)(4). |
Yarbrough |
5/16/2014 |
2014-Ohio-2109 |
Sisson v. Sisson |
H-13-014 |
A
party objecting to a magistrate’s finding of fact, whether or not it is
specifically designated as a finding of fact, shall support that
objection with a transcript of all the evidence submitted to the
magistrate relevant to that finding or an affidavit of that evidence if a
transcript is not available. |
Singer |
5/16/2014 |
2014-Ohio-2108 |
State v. Sierra |
WD-13-062 |
Trial
court did not err by denying appellant’s motion to correct sentence as
it was barred on the basis of res judicata where appellant could have
raised his claims on direct appeal. |
Osowik |
5/16/2014 |
2014-Ohio-2107 |
Safe Auto Ins. Co. v. Barnier |
L-13-1277 |
Motion to vacate judgment under Civ.R. 60(B) was properly denied. |
Singer |
5/16/2014 |
2014-Ohio-2106 |
In re T.D. |
L-13-1237, L-13-1238, L-123-1239 |
A
juvenile defendant is not deprived of his right to be present during a
delinquency proceeding where he waived his right on the record and acted
in a manner that was so disruptive that the court could not conduct the
proceeding in his presence. |
Yarbrough |
5/16/2014 |
2014-Ohio-2105 |
J.B. v. L.L. |
L-13-1269 |
Trial
court did not err in determining Oakland County, Michigan to be a more
convenient forum than Lucas County, Ohio in underlying child custody
case. Judgment affirmed. |
Osowik |
5/16/2014 |
2014-Ohio-2104 |
State v. Hull |
S-13-029 |
Maximum 12 month sentence for a fifth degree felony was not contrary to law. |
Singer |
5/16/2014 |
2014-Ohio-2103 |
State v. Mathis |
E-13-017 |
The
trial court did not err in imposing prison term instead of community
control where defendant violated terms of bond, leading the court to
revoke bond. The court properly made R.C. 2929.14(C)(4) findings in
ordering consecutive sentences. The evidence was not insufficient and
verdict was not against the manifest weight of the evidence where
testimony and other evidence indicated that the defendant constructively
possessed the drugs that were seized. |
Jensen |
5/9/2014 |
2014-Ohio-1997 |
State v. Hines |
E-13-054 |
The
trial court failed to substantially comply with Crim.R. 11(C) where it
accepted appellant’s guilty plea without informing him that, as a Tier
III sex offender, he would be subject to community notification
requirements. |
Yarbrough |
5/9/2014 |
2014-Ohio-1996 |
State v. Evearitt |
L-14-1010 |
Postconviction
motion is barred by res judicata where the arguments supporting the
motion could have been raised in a direct appeal. |
Yarbrough |
5/9/2014 |
2014-Ohio-1995 |
State v. Posey |
OT-12-028 |
The lower court did not abuse its discretion in denying defendant’s presentence motion to withdraw his no contest plea. |
Pietrykowski |
5/9/2014 |
2014-Ohio-1994 |
State v. Parsil |
L-13-1044 |
Trial
court did not err in calling a seven-year-old gross sexual imposition
victim as a court’s witness. The court did err in failing to impose a
mandatory sentence after finding that corroborative evidence of the
accuser’s testimony was introduced at trial. |
Singer |
5/9/2014 |
2014-Ohio-1993 |
Village of Ottawa Hills v. Boice |
L-12-1301 |
Trial
court denied appellant her due process right to present a defense and be
heard on factors that the court was required to consider in its
treatment of appellee’s claims. Grass-trimming ordinance under which
appellant was charged not unconstitutionally vague as applied to this
appellant. |
Pietrykowski |
5/9/2014 |
2014-Ohio-1992 |
Mays v. Toledo Hosp. |
L-13-1233 |
The
trial court did not abuse its discretion when it denied an
administrator’s motion for relief from judgment of the dismissal of her
pro se complaint. Wrongful death; affidavit of merit. |
Pietrykowski |
5/9/2014 |
2014-Ohio-1991 |
Kuyoth v. Village of Kelleys Island |
E-13-039 |
Trial
court acted contrary to due process when it issued a decision on the
merits of a petition to establish a street when the petition was not
published by publication pursuant to the mandates of R.C. 723.10. |
Jensen |
5/9/2014 |
2014-Ohio-1990 |
State v. Gaines |
F-13-004 |
Trial
court did not err by denying a request for continuance. Appellant’s
conviction for receiving stolen property was supported by sufficient
evidence and was not against the manifest weight of the evidence.
Prosecutor’s remarks did not unduly prejudice appellant or prevent a
fair trial. Appellant was not prejudiced by clerical error in the jury
instructions. |
Osowik |
5/9/2014 |
2014-Ohio-1989 |
State v. Cornett |
WD-13-024 |
The
trial court erred in sentencing appellant to a fifth degree felony for
attempted failure to appear where the underlying offense was a first
degree misdemeanor. H.B. 86; State v. Taylor; R.C. 2937.99; R.C.
2923.02(E)(1). |
Pietrykowski |
5/9/2014 |
2014-Ohio-1988 |
Churchill v. Hoffman |
WD-13-082 |
Tax
administrator was statutorily immune from liability in civil suit filed
by former taxpayer who was criminally charged with violating village tax
ordinance despite not having resided in the village during the tax
years in question. The village’s attempt to verify taxpayer’s continued
residency in the jurisdiction, which consisted of reviewing water bill
that was in the name of taxpayer’s ex-husband, was negligent, but was
not malicious, bad faith, or wanton or reckless |
Jensen |
5/9/2014 |
2014-Ohio-1987 |
Lake Erie Towing v. Beatley |
E-13-014 |
In a contract case, judgment in favor of a company not named as a party plaintiff was in error. |
Pietrykowski |
5/9/2014 |
2014-Ohio-1986 |
State v. Varsel |
F-13-006 |
R.C. 4511.84, which prohibits wearing earplugs while operating a motor vehicle, is not unconstitutional. |
Jensen |
5/2/2014 |
2014-Ohio-1899 |
State v. Murray |
L-10-1059 |
Appellate
counsel did not render ineffective assistance by failing to seek to
supplement the appellate record with the sentencing hearing transcripts
from prior criminal actions. |
Singer |
5/2/2014 |
2014-Ohio-1898 |
State v. McNeely |
L-13-1027 |
In the
performance of our duty, under Anders, supra, to conduct an independent
review of the record, we have found no potential assignment of error
having arguable merit. We grant the motion of counsel to withdraw. |
Jensen |
5/2/2014 |
2014-Ohio-1897 |
McCormick v. Maiden |
E-12-072 |
Because
the disqualification of counsel generally involves the determination of
factual issues, we find that the provisions of Civ.R. 52 are applicable
to decisions granting or denying a motion to disqualify trial counsel.
However, it is not necessary to hold an evidentiary hearing when the
motion, coupled with the documents previously filed in the case, contain
sufficient facts for the trial court to apply the proper test prior to
trial counsel’s disqualification. |
Jensen |
5/2/2014 |
2014-Ohio-1896 |
In re Mi.D. |
L-13-1247 |
The
trial court’s judgment awarding permanent custody of appellant’s
children to LCCS is not against the manifest weight of the evidence and
is supported by clear and convincing evidence in the record. |
Pietrykowski |
5/2/2014 |
2014-Ohio-1895 |
R & S Roofing Co. v. Mercer-North Am., Inc. |
L-13-1161 |
Complaint
devoid of allegations sufficient to state a claim against a corporate
shareholder and corporate attorney supported trial court conclusion that
these were frivolous claims. The court acted within its discretion in
the imposition of sanctions against plaintiff and its attorney. |
Singer |
4/25/2014 |
2014-Ohio-1763 |
Matrix Acquisitions, L.L.C. v. Georgeff |
L-13-1208 |
Motion to vacate was inappropriately granted under Civ.R. 60(B), reversed. |
Singer |
4/25/2014 |
2014-Ohio-1762 |
In re A.T. |
OT-12-023, OT-12-030 |
Juvenile
Delinquency Proceedings – Competency to Stand Trial – Court Ordered Sex
Specific Diagnostic Assessment and Sex Offender Treatment Before
Adjudication of Delinquency – Due Process – Privilege Against
Self-Incrimination – Plain Error – Juvenile Admission – Juv.R. 29(D) –
Variance between Sentence Pronounced at Disposition Hearing and
Subsequent Dispositional Judgments – Vacation of Stay and Imposition of
Suspended Sentence on Failure to Meet Conditions |
Pietrykowski |
4/25/2014 |
2014-Ohio-1761 |
First Natl. Bank of Bellevue v. NE Port Invests., L.L.C. |
OT-13-024 |
The trial court did not err in denying appellants’ motion to intervene. Judgment affirmed. |
Osowik |
4/25/2014 |
2014-Ohio-1760 |