Case Name |
Case No. |
Topics and Issues |
Author |
Decided |
WebCite |
State v. Burkes |
13CA3582 |
CRIMINAL-
Postsentence motion to withdraw guilty plea; Petition for
postconviction relief; Crim.R. 32.1; R.C. 2953.21; R.C. 2953.23;
Manifest injustice; Recasting motions |
Hoover |
7/29/2014 |
2014-Ohio-3311 |
In re B.E. |
13CA26 |
Permanent custody proceedings; dependent child; R.C. 2151.281(C); Juv.R. 4(B)(3); R.C. 2151.414(B)(1). |
Hoover |
7/14/2014 |
2014-Ohio-3178 |
Cochenour v. Cochenour |
13CA3420 |
Divorce decree; void judgment; voidable judgment; estoppel; motion to vacate void judgment; consent judgment |
Hoover |
7/14/2014 |
2014-Ohio-3128 |
State v. Hess |
13CA15 |
The
trial court’s failure to instruct the jury that defendant had entered a
not guilty by reason of insanity plea was not structural or plain error
where the defendant did not advance a defense of legal insanity at
trial. |
Hoover |
7/14/2014 |
2014-Ohio-3193 |
State v. Bradshaw |
14CA8 |
jail-time credit, res judicata |
Harsha |
7/14/2014 |
2014-Ohio-3148 |
State v. Waters |
13CA693 |
CRIMINAL
- Appellant's conviction for OVI was not in error as no ineffective
assistance of counsel took place and prosecutor's conduct was not plain
error. |
McFarland |
7/10/2014 |
2014-Ohio-3109 |
In re J.H. |
14CA4 |
JUVENILE
- Award of permanent custody of child to Appellee was in best interest
of child and not against the manifest weight of the evidence. |
McFarland |
7/10/2014 |
2014-Ohio-3108 |
State v. Jenkins |
13CA3413 |
Ineffective
assistance of counsel–trial counsel did not render ineffective
assistance of counsel by failing to challenge allegedly biased juror
when juror indicated she could be impartial and when appellant could not
show a reasonable probability that the result of the trial would have
been different if trial counsel had excused the juror; trial counsel did
not render ineffective assistance of counsel by inviting testimony that
appellant may have been under the influence of substance other than
alcohol when appellant could not establish prejudice resulting from
testimony; Manifest weight of the evidence–appellant’s operating a motor
vehicle while under the influence of alcohol conviction was not against
the manifest weight of the evidence. |
Abele |
7/10/2014 |
2014-Ohio-3123 |
State v. Graham |
13CA11 |
Howard charge Jury instructions Plain error Contempt Felony sentencing |
Chris |
7/10/2014 |
2014-Ohio-3149 |
Wells Fargo Bank, N.A. v. Dumm |
13CA5 |
Civil
& Appellate Procedure: Case was final appealable order for purposes
of R.C. 2505.02 and Civ.R. 54(C) despite court’s failure to expressly
resolve all claims; trial court correctly entered judgment for
party-defendant under Civ.R. 12(B)(6); trial court erred in entering
summary judgment for counterclaims outside the scope of opposing party’s
motion for summary judgment; trial court correctly entered summary
judgment on claims that were within the scope of movant’s motion. |
Per Curiam |
7/9/2014 |
2014-Ohio-3124 |
State v. Frazier |
13CA5 |
aggravated
arson; R.C. 2909.02(A)(1); R.C. 2909.02(A)(2); allied offenses of
similar import; single animus; same conduct; merger; concurrent sentence |
Harsha |
6/30/2014 |
2014-Ohio-3025 |
State v. Moore |
13CA965 |
plea bargain, consideration, ineffective assistance, allied offenses, postrelease control, special felonies |
Harsha |
6/30/2014 |
2014-Ohio-3024 |
Patel v. Lambrecht |
13CA3 |
Proof of service; certificate of service; Civ.R. 5 |
Hoover |
6/26/2014 |
2014-Ohio-2953 |
State v. Johnson |
13CA988 |
Criminal
Procedure: Appellant was barred by the doctrine of res judicata from
arguing additional jail time should have been credited to his prison
sentence; Appellant did not establish the trial court erred in
determining he was not entitled to reduction on his sentence for time
spend in jail prior to conviction and sentence. |
Abele |
6/26/2014 |
2014-Ohio-3027 |
State v. Zanni |
13CA3392 |
OVI; R.C. 4511.19(D)(1)(b); Intoxilyzer; breath test reliability; admissibility of breath test results |
Per Curiam |
6/24/2014 |
2014-Ohio-2806 |
State v. Andrews |
13CA22 |
Resisting
arrest; R.C. 2921.33(A); sufficiency of the evidence; allied offenses;
merger; R.C. 2941.25; double jeopardy; “same elements” test |
Hoover |
6/24/2014 |
2014-Ohio-2954 |
In re S.M. |
14CA4 |
Permanent custody—trial court need only find existence of one R.C.
2151.414(B) factor; best interests—trial court erred by failing to
consider the child’s wishes, one of the enumerated R.C. 2151.414(D) best
interest factors, but error did not constitute plain error requiring
reversal |
Harsha |
6/18/2014 |
2014-Ohio-2961 |
State v. Lamb |
14CA3 |
Res Judicata, Improper Argument, Plain Error, Failure to order transcript |
Harsha |
6/18/2014 |
2014-Ohio-2960 |
State v. Batty |
13CA3398 |
CRIMINAL
- This Court has no jurisdiction to address merits of Appellant's
recusal argument and sentence imposed is not clearly and convincingly
contrary to law. |
McFarland |
6/18/2014 |
2014-Ohio-2826 |
State v. Burton |
13CA12 |
CRIMINAL-
Petition for postconviction relief; R.C. 2953.23; Ineffective
assistance of counsel during plea negotiations; Res judicata |
Hoover |
6/10/2014 |
2014-Ohio-2549 |
Miller Fireworks Co., Inc. v. Jackson |
13CA30 |
Denial
of motion for relief from default judgment was proper where service of
lawsuit was perfected upon appellant and appellant waited seven and a
half years to seek relief. |
Hoover |
6/5/2014 |
2014-Ohio-2545 |
State v. Hall |
13CA3391 |
aggravated
murder; possession of a deadly weapon while under detention; manifest
weight; self-defense; impeachment; prior inconsistent statement; Evid.R.
613(B); foundation; denial; plain error; failure to object; limiting
instruction; failed to request; Evid.R. 105; prosecutorial misconduct;
closing argument; substantive evidence; duress; outside force;
ineffective assistance of counsel; prejudice |
Harsha |
6/4/2014 |
2014-Ohio-2959 |
State v. Kessigner |
13CA25 |
CRIMINAL-
Crim.R.29(A) motion for acquittal; Assault on a Peace Officer; Jury
instructions; Ineffective assistance of counsel; Evid.R. 803(5); Evid.R.
609(A)(2); Counsel's motion to withdraw |
Hoover |
6/3/2014 |
2014-Ohio-2496 |
State v. Gambrel |
13CA17 |
Juvenile
Law: Pursuant to Anders v. California (1967), 386 U.S. 738, 87 S.Ct.
1396, 18 L.Ed.2d 493, there are no meritorious issues for appeal. |
Abele |
6/2/2014 |
2014-Ohio-2520 |
State v. Sanders |
13CA29 |
Criminal
Sentencing: Trial court correctly ruled issues raised in a motion to
“correct unlawful sentence” were barred from being raised by the
doctrine of res judicata and the motion itself was an untimely petition
for postconviction relief. |
Abele |
5/30/2014 |
2014-Ohio-2521 |
Gilbrath v. Autozone, Inc. |
13CA1 |
Workers’
Compensation–commission’s decision did not involve claimant’s right to
participate when decision denied compensation for a period of time and
explicitly stated that claimant could seek future benefits, even though
district hearing officer found that intervening injury broke chain of
causation. |
Abele |
5/27/2014 |
2014-Ohio-2347 |
State v. Crum |
13CA13 |
CRIMINAL
- Appellant's motion for "Re-sentencing" construed as a petition for
post-conviction relief was untimely filed and we and the trial court
lacked jurisdiction to hear the same. |
McFarland |
5/27/2014 |
2014-Ohio-2361 |
State v. Felts |
13CA3407 |
Validity of no contest plea, Appealability of in limine ruling, Knowing and voluntary plea |
Harsha |
5/23/2014 |
2014-Ohio-2378 |
Boone Coleman Constr., Inc. v. Village of Piketon |
13CA836 |
Summary
judgment, Construction, contract, Liquidated damages, Penalty
provision, Notice provisions, Subsurface claims, unenforceable penalty |
Harsha |
5/22/2014 |
2014-Ohio-2377 |
State v. Ogle |
13CA18 |
CRIMINAL
- Trial court did not err in denying Appellant's motion to withdraw her
Alford plea, to set aside her sentence and to dismiss her indictment. |
McFarland |
5/21/2014 |
2014-Ohio-2251 |
State v. Eldridge |
13CA3584 |
CRIMINAL
- Because Appellant's petition for post-conviction relief was untimely,
we and the trial court lacked jurisdiction to hear the same. |
McFarland |
5/21/2014 |
2014-Ohio-2250 |
Bolender v. Bolender |
13CA984 |
Divorce; modification of temporary spousal support award; R.C. 3105.18(E); permanent spousal support award; R.C. 3105.18(C)(1). |
Hoover |
5/15/2014 |
2014-Ohio-2136 |
State v. Houston |
12CA3472 |
CRIMINAL
- Trial court substantially complied with Crim.R.11(C)(2) in advising
Appellant as to maximum penalties and his plea was made knowingly,
voluntarily, and intelligently. |
McFarland |
5/14/2014 |
2014-Ohio-2827 |
State v. McCallister |
13CA3558 |
Statutory speedy trial rights; joint constructive possession of contraband located in vehicle. |
Hoover |
5/12/2014 |
2014-Ohio-2041 |
State v. Greer |
13CA2 |
allied offenses of similar import, double jeopardy, illegal manufacture of drugs, endangering children |
Harsha |
5/9/2014 |
2014-Ohio-2174 |
State v. Steinhauer |
12CA3528 |
CRIMINAL-
Self defense jury instruction; Character evidence; Evid.R. 405; Evid.R.
404; Specific instances of conduct; Defendant's state of mind |
Hoover |
5/8/2014 |
2014-Ohio-1981 |
State v. Chaffins |
13CA3559 |
Automobile exception to warrantless search of vehicle; joint constructive possession of contraband located in vehicle. |
Hoover |
5/7/2014 |
2014-Ohio-1969 |
State v. Weddington |
13CA3560 |
right
to counsel; self-representation; Sixth Amendment; waiver; knowing,
intelligent and voluntary; totality of the circumstances; de novo;
Crim.R. 44; literal compliance; written waiver; substantial compliance;
sufficient inquiry; nature of the charges; statutory offenses; possible
punishment; substitute counsel; showing of good cause |
Harsha |
5/6/2014 |
2014-Ohio-1968 |
Am. Savs. Bank v. Wrage |
13CA3566 |
Appellate
court conducts de novo review of summary judgment; affidavit testimony
authenticate promissory note attached to complaint. |
Abele |
5/5/2014 |
2014-Ohio-2168 |
Dolan v. Glouster |
11CA18, 11CA19, 11CA33, 12CA1, 12CA6 |
Civil
Procedure/Tort/Appellate Procedure: Trial court’s judgment was a final
order despite failure to resolve claims against “John Doe” defendants
where no service was ever obtained defendants; court did not err in
denying Civ.R. 50 judgment notwithstanding the verdict (JNOV) on claims
of tortious interference with a business relationship; JNOV is reviewed
de novo and not for an abuse of discretion; a business relationship, for
purposes of the tort of interfering with business relationship,
requires some sort of a pecuniary expectation; judgment in a civil case
can be based on circumstantial evidence; if evidence introduced a trial
is inaccurate or misleading that goes to the weight afforded the
evidence and not its admissibility; trial court did not err in granting
leave of court to file a third amended complaint; leave of court is to
be freely granted pursuant to Civ.R. 15 as well as the policy that
claims should be decided on their merits rather on the basis of pleading
technicalities; interlocutory orders, such as a dismissal of party
defendants can be reconsidered, and reversed, at any time before entry
of final judgment; appellate courts should refrain from issuing advisory
opinions; once appeal is perfected, trial court has no jurisdiction
over matters that are inconsistent with an appellate court’s ability to
reverse, affirm or modify a judgment; punitive damages are conceptually
different than compensatory damages; trial court did not abuse its
discretion in granting a motion for new trial pursuant to Civ.R.
59(A)(4) regarding damages awarded for emotional distress and for
punitive damages; trial court did not err in granting JNOV for defendant
charged with tortiously interfering with a business relationship when
no evidence was introduced at trial to show defendant had any control
over county employees who stopped using said business; trial court did
not abuse its discretion in determining the amount of attorney fees to
award successful parties; trial court did not abuse its discretion in
denying motion for pre-judgment interest pursuant to R.C. 1343.03(C). |
Per Curiam |
5/5/2014 |
2014-Ohio-2017 |
Burns v. Adams |
12CA3508 |
CIVIL -
Trial court did not err in evidentiary rulings and did not deprive
Appellant of a fair trial. And, punitive damage award was not excessive
or contrary to law. |
McFarland |
5/2/2014 |
2014-Ohio-1917 |
State v. West |
12CA3507 |
Criminal
law: Verdicts on charge of trafficking were not against the manifest
weight of the evidence; failure of counsel to ask for an instruction
under R.C. 2923.03 was not plain error; the appellant did not suffer
ineffective assistance of trial counsel for failure to request a jury
instruction under R.C. 2923.03; weight and credibility of witness
testimony is an issue for the trier of fact and the jury’s rejection of
appellant’s version of events, and acceptance of that given by the
State’s witnesses, was not against the manifest weight of the evidence. |
Abele |
5/1/2014 |
2014-Ohio-1941 |
In re C.R. |
13CA3411 |
Juvenile
delinquency–juvenile offender registrant–trial court did not fail to
exercise discretion when classifying juvenile as Tier III offender;
trial court did not err by imposing sanction that extends beyond its age
jurisdiction. |
Abele |
4/30/2014 |
2014-Ohio-1936 |
Detty v. Yates |
13CA3390 |
Void
judgment–trial court’s judgment was not void for lack of personal
jurisdiction when plaintiffs complied with Civil Rules regarding service
of process, even though defendant claimed he did not receive actual
service; voidable judgment–defendant entitled to hearing on Civ.R.
60(B)(1) motion for relief from judgment when defendant presents
operative facts showing that defendant has meritorious defense to
present, that failure to answer complaint resulted from excusable
neglect, and that motion filed within a reasonable time; failure to
answer complaint due to lack of actual notice of complaint may
constitute excusable neglect. |
Abele |
4/30/2014 |
2014-Ohio-1935 |
State v. Baker |
13CA18 |
withdrawal of court-appointed counsel disproportionate sentences ineffective assistance of counsel consecutive sentences |
Harsha |
4/30/2014 |
2014-Ohio-1967 |
Deutsche Bank Natl. Trust Co. v. Edington |
13CA3534 |
final appealable order, foreclosure, dismissal without prejudice |
Harsha |
4/24/2014 |
2014-Ohio-1769 |
State v. Brewer |
14CA1 |
Ineffective assistance of counsel, Standard of review-felony sentencing, Restitution, Ability to pay |
Harsha |
4/24/2014 |
2014-Ohio-1903 |
Hardert v. Neumann |
13CA977 |
adverse
possession; open and notorious; lawn maintenance; mowing grass; growing
hay; federal Conservation Reserve Program; totality of the
circumstances; manifest weight; competent, credible evidence. |
Harsha |
4/23/2014 |
2014-Ohio-1770 |
Donini v. Manor Care, Inc. |
13CA3583 |
Jurisdiction, Judgment on the pleadings, employer-initiated workers' compensation appeal, stipulated dismissal |
Harsha |
4/21/2014 |
2014-Ohio-1767 |
State v. Miller |
13CA5 |
Criminal
Law: Appellant failed to establish trial court erred or abused its
discretion imposing maximum, consecutive, sentences on charges to which
he pled guilty under a plea agreement. |
Abele |
4/21/2014 |
2014-Ohio-1803 |
Wells Fargo Bank, N.A. v. Smith |
13CA6 |
Civil
Procedure: Multiple motions for relief from judgment under Civ.R. 60(B)
are barred under the doctrine of res judicata where they rely on grounds
that were raised, or could have been raised, in prior motions; Civ.R.
60(B) motion for relief from judgment cannot be used as a substitute for
an appeal. |
Abele |
4/21/2014 |
2014-Ohio-1802 |
State v. Primack |
13CA23 |
concurrent sentences; jail-time credit; R.C. 2967.191; Equal Protection; unrelated offenses |
Harsha |
4/17/2014 |
2014-Ohio-1771 |
State v. Cole |
12CA49 |
allied offenses of similar import R.C. 2941.25 |
Harsha |
4/17/2014 |
2014-Ohio-2967 |
In re C.J.L. |
13CA3545 |
temporary
custody; abuse of discretion; paramount right; unsuitability; R.C.
3109.04(E)(1)(a); change in circumstances; best interests; jurisdiction;
neglect; R.C. 2151.23(A)(1); R.C. 2151.03; R.C. 2151.353(F); sunset
provision; R.C. 2151. 353(E)(1). |
Harsha |
4/14/2014 |
2014-Ohio-1766 |
State v. James |
13CA3393 |
Pro se
motion to dismiss–trial court need not consider pro se motion to
dismiss when defendant represented by counsel; trial counsel not
ineffective for failing to file motion to dismiss on speedy trial
grounds when motion would not have been successful. |
Abele |
4/11/2014 |
2014-Ohio-1702 |
State v. Love |
13CA16 |
CRIMINAL
- Appellant's convictions for multiple felony offenses were supported
by sufficient evidence in the record and merger was not required. The
sentence imposed was lawful. |
McFarland |
4/10/2014 |
2014-Ohio-1603 |
Sites v. Alcohol, Drug Addiction & Mental Health Servs. |
13CA3547 |
Summary
judgment; that the court of claims does not have exclusive jurisdiction
is not the same issue as whether a political subdivision enjoys the
benefit of R.C. Chap. 2744 immunity. |
Abele |
4/10/2014 |
2014-Ohio-1819 |
Faulks v. Flynn |
13CA3568 |
shared parenting, plain error, waiver, failure to object to magistrate's decision, independent review |
Harsha |
4/9/2014 |
2014-Ohio-1610 |
In re J.M.D. |
14CA2 |
permanent custody, best interest of the child, manifest weight of the evidence, R.C. 2151.414(B)(2) |
Harsha |
4/9/2014 |
2014-Ohio-1609 |
In re C.A. |
13CA24 |
JUVENILE
- No plain error occurred in the trial court regarding appointment of a
guardian ad litem or independent counsel for the child. |
McFarland |
4/8/2014 |
2014-Ohio-1550 |
State v. Gierhart |
13CA17 |
Error
in jury instruction was not so severe as to mislead the jury or to
constitute plain error. A review of the complete instruction
demonstrates that the trial court provided the jury with adequate
instructions. |
Hoover |
3/31/2014 |
2014-Ohio-1419 |
State v. Stump |
13CA10 |
Criminal
Law: Trial court did not err sentencing appellant to pay court costs
and administrative costs of a diversion program without considering her
ability to pay; court erred in ordering appellant to pay restitution to a
third party, non-victim, of the crime. |
Abele |
3/31/2014 |
2014-Ohio-1487 |
Prokos v. Hines |
12CA31 |
CIVIL -
Trial court's decision holding Appellant in contempt of court for
holding funds in IOLTA account and that funds were subject to
garnishment is supported by competent, credible evidence in the record. |
McFarland |
3/28/2014 |
2014-Ohio-1416 |
Prokos v. Hines |
10CA51, 10CA57 |
CIVIL -
Trial court's decision in favor of various parties on fraud,
conversion, fraudulent conveyance, intentional interferene with
expectancy of inheritance claims are supported in the record. |
McFarland |
3/28/2014 |
2014-Ohio-1415 |
Rambacher v. Testa |
13CA14 |
taxation, joint estimated tax payments, allocation of tax payments, moot |
Harsha |
3/27/2014 |
2014-Ohio-1488 |
State v. Lister |
13CA15 |
CRIMINAL- Felony sentencing review; R.C. 2953.08; Kalish; A sentence contrary to law; Maximum sentence |
Hoover |
3/27/2014 |
2014-Ohio-1405 |
Quality Car & Truck Leasing, Inc. v. Pertuset |
13CA3565 |
CIVIL -
Because this Court has already affirmed trial court's grant of judgment
on pleadings in favor of Appellees, Appellant's arguments are barred by
the doctrines of res judicata and law of the case. Judgment affirmed. |
McFarland |
3/27/2014 |
2014-Ohio-1291 |
Am. Savs. Bank v. Pertuset |
13CA3564 |
CIVIL -
The original grant of summary judgment and decree in foreclosure stands
as valid law of the case as once already affirmed by the Court and
trial court's subsequent decision vacating those prior orders is
reversed. |
McFarland |
3/27/2014 |
2014-Ohio-1290 |
Farm Credit Servs. of Mid-Am. v. Pertuset |
13CA3563 |
CIVIL -
The original grant of summary judgment and decree in foreclosure stands
as valid law of the case as once already affirmed by this Court and
trial court's subsequent decision vacating those prior orders is
reversed. |
McFarland |
3/27/2014 |
2014-Ohio-1289 |
State v. Hoffman |
13CA13 |
Trial court's imposition of maximum prison sentence for felony domestic violence conviction was not contrary to law. |
Hoover |
3/21/2014 |
2014-Ohio-1205 |
State v. Hawkins |
13CA3 |
Pursuant
to R.C. 2953.08(D)(3), appellate courts lack authority to review a
sentence imposed for aggravated murder on an evidentiary basis. The
General Assembly has long treated aggravated murder and murder
sentencing differently from other felonies. |
Hoover |
3/21/2014 |
2014-Ohio-1224 |
State v. Hastings |
13CA16 |
Hearsay
testimony–trial court erred as a matter of law when it permitted
witness’s out-of-court police interview without analyzing both Evid.R.
804(A) and 804(B) |
Abele |
3/20/2014 |
2014-Ohio-1418 |
State v. Pemberton |
13CA8 |
CRIMINAL- Allied offenses; Res Judicata; Untimely petition for postconviction relief; Unauthorized sentence |
Hoover |
3/19/2014 |
2014-Ohio-1204 |
Hamilton v. Ball |
13CA3533 |
Trial
court properly determined that defendant committed a single violation of
the Ohio Consumer Sales Practices Act when he sold a used vehicle with
reported unibody damage without disclosing the damage to the consumers. |
Hoover |
3/19/2014 |
2014-Ohio-1118 |
Smiley v. Prison Official, Inc. |
13CA3408 |
Final order, Dismissal without prejudice |
Harsha |
3/18/2014 |
2014-Ohio-1100 |
State v. Kelly |
13CA3562 |
CRIMINAL - Appeal dismissed as no final appealable order exists and we lack jurisdiction. |
McFarland |
3/17/2014 |
2014-Ohio-1020 |
Ogle v. Kroger Co. |
13CA22 |
summary
judgment; abuse of discretion; due process; regulation of discovery;
notice; non-oral hearing; Civ.R. 56; Civ.R. 56(C); Civ.R. 56(F) motion;
opportunity to complete discovery; App.R. 16(A)(7); argue assigned
errors separately |
Harsha |
3/14/2014 |
2014-Ohio-1099 |
State v. Cross |
12CA54 |
CRIMINAL-
Motion to suppress; OVI; Fourth Amendment of the United States
Constitution; Warrantless entry; Exigent circumstances; Hot pursuit in
misdemeanor cases |
Hoover |
3/11/2014 |
2014-Ohio-1046 |
Bullard v. Alley |
12CA835 |
Civil Protection Order–trial court’s decision was not against the manifest weight of the evidence. |
Abele |
3/7/2014 |
2014-Ohio-1016 |
State v. Lofton |
13CA10 |
Rules
of Criminal Procedure: Issues raised by appellant in an appeal of his
fourth post-trial motion to withdraw guilty plea, had already been
raised and determined in previous appeals and were thus barred from
being raised again by the doctrine of res judicata. |
Abele |
3/5/2014 |
2014-Ohio-1021 |
State v. Sunday |
13CA19 |
CRIMINAL
- Appellant's conviction for drug offenses was supported by evidence in
the record and as such not against the manifest weight of the evidence. |
McFarland |
3/5/2014 |
2014-Ohio-900 |
Mustard v. Owners Ins. Co. |
13CA3362 |
automobile
accident; satisfaction of judgment; insurance policy; liquor liability
clause; nonprofit; in the business of; alcohol; unambiguous; summary
judgment; Civ.R. 56(C); Civ.R. 56(E); no genuine issue of material fact;
entitled to judgment as a matter of law. |
Harsha |
3/5/2014 |
2014-Ohio-865 |
State v. Johnson |
13CA3381 |
Miranda/Right
to counsel: Trial court properly overruled defendant’s motion to
suppress incriminating statements because the statements were made
voluntarily and spontaneously, and were not the result of custodial
interrogation. |
Hoover |
2/28/2014 |
2014-Ohio-787 |
State v. Inman |
13CA3374 |
Trial
court properly ruled that out of court statement of co-defendant was
inadmissible at trial of defendant. Trial court also properly ruled
that the prosecution’s opening remarks in trial of co-defendant were
inadmissible at trial of defendant. |
Hoover |
2/28/2014 |
2014-Ohio-786 |
Keltz v. Enchanted Hills Community Assn. |
12CA16 |
Declaratory judgment, planned community, declaration by laws, assessments |
Harsha |
2/28/2014 |
2014-Ohio-866 |
Douglas v. Broughton |
13CA7 |
CIVIL- Surface water trespass; Calculation of damages; Manifest weight standard of review; |
Hoover |
2/27/2014 |
2014-Ohio-808 |
State v. Shrewsbury |
13CA3402 |
Motion to suppress, Search and seizure, Consensual encounter, Open view, Protective search for weapons |
Harsha |
2/26/2014 |
2014-Ohio-716 |
State v. Harlow |
13CA29 |
OVI;
no contest plea; motion to suppress; traffic violation; probable cause;
reasonable suspicion; stipulation; admission of evidence; waiver; Fourth
Amendment; ineffective assistance; trial strategy; prejudice; driving
privileges; administrative license suspension; judicial suspension;
sentence. |
Harsha |
2/26/2014 |
2014-Ohio-864 |
Martin v. Lambert |
12CA7 |
premises
liability—landowner did not owe duty to business invitee when landowner
permitted son to use the premises as an automobile repair shop and did
not occupy or control the automobile repair shop premises; operation of
automobile repair shop is not an inherently dangerous use of property |
Harsha |
2/25/2014 |
2014-Ohio-715 |
Hubbard Family Trust v. TNT Land Holdings, L.L.C. |
12CA833 |
Trial
court properly denied motions for summary judgment, judgment
notwithstanding the verdict, and directed verdict, but erred when it
failed to award damages for the defendant's liability. |
Brown |
2/25/2014 |
2014-Ohio-772 |
In re P.A.R. |
13CA3550 |
Motion
to modify custody between parent and nonparent–mother did not establish
change in the child’s or custodians’ circumstances so as to warrant
changing custody. |
Abele |
2/24/2014 |
2014-Ohio-802 |
Buckmaster v. Buckmaster |
13CA13 |
DOMESTIC
RELATIONS - Trial court's unwritten policy and unpublished rule of
court preventing children of parties in domestic relations cases to
testify was in error and in violation of due process, Sup.R.5 and
Civ.R.83. |
McFarland |
2/24/2014 |
2014-Ohio-793 |
State v. Guess |
11CA33 |
Trial Court erred by not insuring that defendant's waiver of right to counsel was knowing, intelligent, and voluntary. |
Per Curiam |
2/24/2014 |
2014-Ohio-771 |
State v. Keeley |
13CA34 |
Criminal
Law: Trial court did not err in overruling petition for postconviction
relief; claims which could have been, but were not raised in a first
appeal of right are barred from consideration under doctrine of res
judicata in proceedings under R.C. 2953.21. |
Abele |
2/21/2014 |
2014-Ohio-693 |
In re D.G. |
13CA3382, 13CA3383 |
JUVENILE
- Trial court's decision finding juvenile competent to stand trial was
supported by the record and in not appointing a guardian ad litem was
not error. Appellant's claim of ineffective assistance of trial counsel
is without merit. |
McFarland |
2/19/2014 |
2014-Ohio-650 |
State v. Bever |
13CA21 |
Trial
court's failure to state findings required by R.C. 2929.14(C)(4) prior
to imposing consecutive sentences requires remand for resentencing. |
Hoover |
2/18/2014 |
2014-Ohio-600 |
Dean v. UPS Legal Dept. |
13CA21 |
Interstate
shipping; Interstate Commerce Act; Carmack Amendment; preemption; state
law claims; common carriers; property loss or damage |
Harsha |
2/14/2014 |
2014-Ohio-619 |
Dunford v. Dunford |
13CA7 |
Motion for relief from judgment, Civ.R. 60(B)(5), Fraud on the court, Reasonable time |
Harsha |
2/14/2014 |
2014-Ohio-617 |
State v. Walton |
13CA9 |
minor
misdemeanor; speeding; possession of marihuana; notice of appeal; App.R.
3(D); App.R. 4(A); timely appeal; Crim.R. 32.1; motion to withdraw
plea; post-sentence; manifest injustice; abuse of discretion; voluntary;
failure to raise argument with trial court; waiver; effect of plea;
petty offense; Crim.R. 11(E); Traf.R. 10(D); Crim.R. 11(B); Traf.R.
10(B); non-constitutional right; substantial compliance; prejudice;
video recording; silent record |
Harsha |
2/13/2014 |
2014-Ohio-618 |
In re J.V-M.P. |
13CA37 |
The
trial court's decision awarding permanent custody of minor child to
children services agency was not against the manifest weight of the
evidence. |
Hoover |
2/10/2014 |
2014-Ohio-486 |