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Case Name Case No. Topics and Issues Author Decided WebCite
Click here to openState 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
Click here to openIn 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
Click here to openCochenour v. Cochenour 13CA3420 Divorce decree; void judgment; voidable judgment; estoppel; motion to vacate void judgment; consent judgment Hoover 7/14/2014 2014-Ohio-3128
Click here to openState 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
Click here to openState v. Bradshaw 14CA8 jail-time credit, res judicata Harsha 7/14/2014 2014-Ohio-3148
Click here to openState 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
Click here to openIn 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
Click here to openState 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
Click here to openState v. Graham 13CA11 Howard charge Jury instructions Plain error Contempt Felony sentencing Chris 7/10/2014 2014-Ohio-3149
Click here to openWells 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
Click here to openState 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
Click here to openState v. Moore 13CA965 plea bargain, consideration, ineffective assistance, allied offenses, postrelease control, special felonies Harsha 6/30/2014 2014-Ohio-3024
Click here to openPatel v. Lambrecht 13CA3 Proof of service; certificate of service; Civ.R. 5 Hoover 6/26/2014 2014-Ohio-2953
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openIn 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
Click here to openState v. Lamb 14CA3 Res Judicata, Improper Argument, Plain Error, Failure to order transcript Harsha 6/18/2014 2014-Ohio-2960
Click here to openState 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
Click here to openState 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
Click here to openMiller 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openGilbrath 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
Click here to openState 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
Click here to openState v. Felts 13CA3407 Validity of no contest plea, Appealability of in limine ruling, Knowing and voluntary plea Harsha 5/23/2014 2014-Ohio-2378
Click here to openBoone 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
Click here to openState 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
Click here to openState 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
Click here to openBolender 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
Click here to openState 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
Click here to openState v. McCallister 13CA3558 Statutory speedy trial rights; joint constructive possession of contraband located in vehicle. Hoover 5/12/2014 2014-Ohio-2041
Click here to openState v. Greer 13CA2 allied offenses of similar import, double jeopardy, illegal manufacture of drugs, endangering children Harsha 5/9/2014 2014-Ohio-2174
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openAm. 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
Click here to openDolan 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
Click here to openBurns 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
Click here to openState 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
Click here to openIn 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
Click here to openDetty 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
Click here to openState v. Baker 13CA18 withdrawal of court-appointed counsel disproportionate sentences ineffective assistance of counsel consecutive sentences Harsha 4/30/2014 2014-Ohio-1967
Click here to openDeutsche Bank Natl. Trust Co. v. Edington 13CA3534 final appealable order, foreclosure, dismissal without prejudice Harsha 4/24/2014 2014-Ohio-1769
Click here to openState v. Brewer 14CA1 Ineffective assistance of counsel, Standard of review-felony sentencing, Restitution, Ability to pay Harsha 4/24/2014 2014-Ohio-1903
Click here to openHardert 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
Click here to openDonini v. Manor Care, Inc. 13CA3583 Jurisdiction, Judgment on the pleadings, employer-initiated workers' compensation appeal, stipulated dismissal Harsha 4/21/2014 2014-Ohio-1767
Click here to openState 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
Click here to openWells 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
Click here to openState v. Primack 13CA23 concurrent sentences; jail-time credit; R.C. 2967.191; Equal Protection; unrelated offenses Harsha 4/17/2014 2014-Ohio-1771
Click here to openState v. Cole 12CA49 allied offenses of similar import R.C. 2941.25 Harsha 4/17/2014 2014-Ohio-2967
Click here to openIn 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
Click here to openState 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
Click here to openState 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
Click here to openSites 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
Click here to openFaulks v. Flynn 13CA3568 shared parenting, plain error, waiver, failure to object to magistrate's decision, independent review Harsha 4/9/2014 2014-Ohio-1610
Click here to openIn 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
Click here to openIn 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
Click here to openState 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
Click here to openState 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
Click here to openProkos 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
Click here to openProkos 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
Click here to openRambacher v. Testa 13CA14 taxation, joint estimated tax payments, allocation of tax payments, moot Harsha 3/27/2014 2014-Ohio-1488
Click here to openState 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
Click here to openQuality 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
Click here to openAm. 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
Click here to openFarm 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
Click here to openState 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
Click here to openState 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
Click here to openState 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
Click here to openState v. Pemberton 13CA8 CRIMINAL- Allied offenses; Res Judicata; Untimely petition for postconviction relief; Unauthorized sentence Hoover 3/19/2014 2014-Ohio-1204
Click here to openHamilton 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
Click here to openSmiley v. Prison Official, Inc. 13CA3408 Final order, Dismissal without prejudice Harsha 3/18/2014 2014-Ohio-1100
Click here to openState v. Kelly 13CA3562 CRIMINAL - Appeal dismissed as no final appealable order exists and we lack jurisdiction. McFarland 3/17/2014 2014-Ohio-1020
Click here to openOgle 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
Click here to openState 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
Click here to openBullard 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
Click here to openState 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
Click here to openState 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
Click here to openMustard 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
Click here to openState 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
Click here to openState 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
Click here to openKeltz v. Enchanted Hills Community Assn. 12CA16 Declaratory judgment, planned community, declaration by laws, assessments Harsha 2/28/2014 2014-Ohio-866
Click here to openDouglas v. Broughton 13CA7 CIVIL- Surface water trespass; Calculation of damages; Manifest weight standard of review; Hoover 2/27/2014 2014-Ohio-808
Click here to openState v. Shrewsbury 13CA3402 Motion to suppress, Search and seizure, Consensual encounter, Open view, Protective search for weapons Harsha 2/26/2014 2014-Ohio-716
Click here to openState 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
Click here to openMartin 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
Click here to openHubbard 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
Click here to openIn 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
Click here to openBuckmaster 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
Click here to openState 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
Click here to openState 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
Click here to openIn 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
Click here to openState 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
Click here to openDean 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
Click here to openDunford 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
Click here to openState 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
Click here to openIn 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

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