Case Name |
Case No. |
Topics and Issues |
Author |
Decided |
WebCite |
Napoleon v. Green |
7-13-17 |
The
City failed to prove beyond a reasonable doubt an essential element of
Napoleon Codified Ordinance 339.02(a)—namely, that the vehicle operated
by the defendant was of a gross weight of 10,000 pounds or more. The
City did not lay a proper foundation regarding what training and
experience the law enforcement officer had with the weight of trucks to
be able to testify that the weight of the defendant’s truck was of a
gross weight of 10,000 pounds or more. |
Preston |
7/21/2014 |
2014-Ohio-3192 |
Shelby Ct. Bd. of Commrs. v. Kimpel |
17-13-20 |
The
trial court did not err in finding the board of commissioners was not
entitled to recover for salary paid during a suspension pursuant to R.C.
3.16 when the felony conviction was unrelated to the suspension and had
not been reviewed by a special commission as required by statute. |
Willamowski |
7/21/2014 |
2014-Ohio-3191 |
In re N.G. |
5-13-35 |
The
trial court erred in finding that admission to a community corrections
facility was the same as an admission to a deparment of youth services
faciility. Trial court erred in dismissing the motion to vacate the
sentence as an untimely petiition for post-conviction relief. |
Willamowski |
7/21/2014 |
2014-Ohio-3190 |
Wormsley v. Wormsley |
9-14-04 |
The
trial court did not abuse its discretion in awarding wife spousal
support based on husband’s overtime hours and pay where husband
consistently worked overtime throughout the course of the marriage. The
trial court did not err in ordering spousal support to be paid for an
indeterminate period of time where the marriage lasted thirty-eight
years and the wife did not earn a significant income during the
marriage. There is no evidence in the record supporting husband’s
contention that the trial court erred in awarding attorney’s fees to
wife. |
Shaw |
7/14/2014 |
2014-Ohio-3086 |
State v. Norman |
13-13-50 |
The
trial court did not err in sentencing defendant-appellant because the
sentence was supported by the record and, even assuming
defendant-appellant did not waive the issue of sentence proportionality
for appeal, the sentence was not disproportionate to sentences in
similar cases. |
Preston |
7/7/2014 |
2014-Ohio-3010 |
State v. Peddicord |
7-13-12 |
The
trial court did not err in imposing consecutive sentences where the
findings required under R.C. 2929.14(C)(4) were supported by the record. |
Willamowski |
6/30/2014 |
2014-Ohio-2849 |
P & J Design Servs., Inc. v. Linton |
2-13-30 |
The trial court's interpretation of the contract and the amount of damages was not against the manifest weight of the evidence. |
Willamowski |
6/30/2014 |
2014-Ohio-2848 |
State v. Duncan |
8-12-15 |
Verdict forms were insufficient to support a conviction on anything but the least degree of the offense. |
Willamowski |
6/23/2014 |
2014-Ohio-2720 |
State v. Shenfeld |
11-13-13 |
The
record supports the trial court's imposition of sentence and thus trial
court did not err in imposing appellant's sentence of six years for
robbery, a felony of the second degree. |
Shaw |
6/23/2014 |
2014-Ohio-2719 |
Mueller v. All-Temp Refrig., Inc. |
15-13-08 |
Plaintiffs-Appellants,
Stan (“Stan”) and Shirley (“Shirley”) Mueller (collectively, “the
Muellers”), appeal the judgment of the Court of Common Pleas of Van Wert
County dismissing their complaint in favor of Defendant-Appellee,
All-Temp Refrigeration Inc. (“All-Temp”). On appeal, the Muellers
contend that the trial court erred by: (1) not finding that an express
warranty for future performance was created pursuant to R.C. 1302.26;
(2) finding that the Muellers’ contract with All-Temp was for a sale of
goods; (3) not finding that the actions and representations of All-Temp
created an express warranty; and (4) dismissing their claim for relief
under the Consumer Sales Practices Act. For the reasons that follow, we
affirm the trial court’s judgment. |
Rogers |
6/23/2014 |
2014-Ohio-2718 |
State ex rel. Patrick Bros., A Gen. Partnership v. Putnam Cty. Bd. of Commrs. |
12-13-05 |
The
trial court erred by not finding violations of Ohio's Open Meetings Law
when requested notice was not given, the commissioners had no policy for
providing proper notice, and the commissioners failed to keep
appropriate minutes of general meetings. The commissioners failed to
follow statutory procedures in appropriating property for the widening
of the road. |
Willamowski |
6/23/2014 |
2014-Ohio-2717 |
State v. Hurley |
6-13-02 |
State
failed to show defendant knowingly sold counterfeit heroin, therefore
his convictions are reversed on those counts for lack of sufficient
evidence. Court also failed to make the appropriate findings pursuant
to R.C. 2929.14(C)(4) to impose consecutive sentences. However,
Hurley's remaining convictions affirmed, and the trial court did not err
in failing to merge Hurley's Trafficking and Criminal Tools offenses. |
Shaw |
6/23/2014 |
2014-Ohio-2716 |
Krill v. Krill |
4-13-15 |
The
trial court did not abuse its discretion by naming defendant-appellee
the residential parent and legal custodian of the parties' children.
Because plaintiff-appellant failed to object to the magistrate's
decision finding her in contempt and failed to assign or argue plain
error on appeal, the court on appeal was not required to address her
contempt-related arguments. |
Preston |
6/16/2014 |
2014-Ohio-2577 |
State v. Ayala |
14-13-22 |
Appellant's
aggravated menacing conviction was not based on insufficient evidence
and was not against the manifest weight of the evidence. |
Preston |
6/16/2014 |
2014-Ohio-2576 |
St. Marys v. Internal. Assn. of Firefighters Local 3633 |
2-13-29 |
Trial
court's decision to vacate arbitration award is affirmed as arbitrator's
award departed from essence of parties' collective bargaining
agreement. |
Shaw |
6/16/2014 |
2014-Ohio-2575 |
State v. Seitz |
17-12-11 |
Jury
verdicts were not inconsistent as conviction for Kidnapping did not
require the completion of a Felonious Assault; rather, Kidnapping
punishes certain removal or restraint done with a certain purpose, and
the eventual success of failure of the goal is irrelevant. |
Shaw |
6/9/2014 |
2014-Ohio-2463 |
State v. Ropp |
14-13-21 |
While
the trial court must be cautious to sentence for the crimes for which
the defendant was convicted, it may consider other evidence within
reason in imposing a sentence. The trial court did not err in imposing
consecutive sentences. |
Willamowski |
6/9/2014 |
2014-Ohio-2462 |
In re F.I. |
13-13-19 |
Appeal dismissed for lack of jurisdiction. |
Shaw |
6/2/2014 |
2014-Ohio-2336 |
Hawk v. Stocklin |
1-13-56 |
The
trial court erred in granting the insurance company’s motion for summary
judgment based upon an exclusion in the policy for bodily injury either
arising out of an assault or battery or expected or intended from the
standpoint of the insured when there is a question of fact as to whether
the bodily injury was the result of an insured acting in self-defense.
|
Shaw |
6/2/2014 |
2014-Ohio-2335 |
State v. Perkins |
9-13-52 |
The
trial court abused its discretion by ordering that defendant-appellant
pay restitution in the amount of $177,470 because the restitution order
did not bear a reasonable relationship to the actual loss suffered by
the victim. |
Preston |
5/27/2014 |
2014-Ohio-2242 |
State ex rel. Karr Revocable Trust v. Zehringer |
10-13-18 |
The
trial court did not abuse its discretion in granting the writ of
mandamus requested by relators-appellees because respondents-appellants
had a clear legal duty under Ohio Constitution, Article I, Section 19 to
deposit in appropriation proceedings money equal to the values of the
permanent and perpetual flowage easements of which
respondents-appellants have already taken possession and any damages to
the residue of relators-appellees’ properties, and because
relators-appellees have no plain and adequate remedy at law. |
Preston |
5/27/2014 |
2014-Ohio-2241 |
State v. Crider |
1-13-20 |
The
trial court did not err in allowing the defendant to represent himself
after it had conducted an extensive dialogue with the defendant and the
explained the risks associated with doing so. The defendant was
determined not to have the assistance of counsel. The trial court did
not err in denying the motion to continue made by defendant in the
middle of trial after the defendant fired his attorney as they were
already a day and a half into the proceedings and a continuance would
have meant bringing the jury back at later dates. Defendant was not
denied effective assistance of counsel. The record contains no evidence
that defendant's Fourth Amendment rights were violated. Defendant's
Fifth Amendment rights were not violated by failure to advise him of his
Miranda rights since he did not make any statements and thus no
statements were used against him. The indictment in this case set forth
separate and distinct charges and was not a "carbon-copy" indictment.
The trial court erred by failng to make findings before imposing
consecutive sentences. |
Willamowski |
5/27/2014 |
2014-Ohio-2240 |
State v. Daley |
13-13-26 |
Trial
court did not err by allowing testimony concerning behavior of a State’s
witness; the error in instructing the jury was not plain error; the
defendant was not denied effective assistance of counsel; and the jury’s
findings on the charges of child endangering and kidnapping were not
against the manifest weight of the evidence. |
Willamowski |
5/19/2014 |
2014-Ohio-2128 |
State v. Peace |
5-13-32 |
The
trial court was without the authority to impose the term of postrelease
control because Appellant had already completed the stated prison terms
for the offenses which were the only portion of his aggregate sentence
to which the postrelease control sanction applied. |
Shaw |
5/19/2014 |
2014-Ohio-2126 |
In re L.O. |
9-13-66 |
Trial
court's judgment entry is unclear as to whether it exercised discretion
in ordering juvenile to comply with community notification requirements
or felt compelled to do so. |
Shaw |
5/19/2014 |
2014-Ohio-2125 |
Bonvillian v. Clark |
10-13-20 |
The
trial court did not abuse its discretion when it did not grant
defendant-appellant a deviation from the guideline amount of child
support calculated using the R.C. 3119.022 worksheet under R.C. 3119.24. |
Preston |
5/12/2014 |
2014-Ohio-2003 |
Erter v. Erter |
8-13-16 |
Trial court did not abuse its discretion in denying wife's contempt motion. |
Shaw |
5/5/2014 |
2014-Ohio-1882 |
State v. Hoover |
13-13-47, 13-13-48, 13-13-49 |
Defendant-Appellant,
Seth Hoover, appeals the judgment of the Court of Common Pleas of
Seneca County denying his motion to vacate a void and unenforceable
negotiated plea bargain agreement and sentence and by failing to correct
the language in his plea agreement regarding the imposition of five
years of post-release control. Hoover also argues that he was denied
effective assistance of counsel. For the following reasons, we affirm
the trial court’s judgment. |
Rogers |
5/5/2014 |
2014-Ohio-1881 |
State v. Panning |
15-13-07 |
Defendant-Appellant,
Bobby Panning, appeals the judgment of the Court of Common Pleas of Van
Wert County, convicting him of sexual battery. On appeal, Panning
argues that the trial court erred by (1) classifying him as a Tier III
Sex Offender; and (2) imposing consecutive sentences. Panning also
argues he was denied effective assistance of counsel. For the reasons
that follow, we reverse the trial court’s judgment. |
Rogers |
5/5/2014 |
2014-Ohio-1880 |
Am. Trim, L.L.C. v. L&T Technologies, Inc. |
2-13-25 |
Defendants-Appellants,
L&T Technologies, Inc. (“L&T”) and Thomas Belmont, appeal the
judgment of the Court of Common Pleas of Auglaize County awarding
Plaintiff-Appellee, American Trim, LLC (“American Trim”), a monetary
award. On appeal, L&T and Belmont argue that the court committed
the following errors: (1) finding that American Trim expressly rejected
goods by notifying L&T as required by the Uniform Commercial Code
(“UCC”); and (2) finding that Belmont had engaged in fraud. For the
reasons that follow, we affirm in part and reverse in part the trial
court’s judgment. |
Rogers |
5/5/2014 |
2014-Ohio-1879 |
State v. Lasenby |
1-13-36 |
Defendant-Appellant,
Willie Lasenby, appeals the judgment of the Court of Common Pleas of
Allen County, convicting him of one count of rape and sentencing him to a
prison term of eight years. On appeal, Lasenby argues that the trial
court erred by entering a guilty verdict that was against the manifest
weight of the evidence. Lasenby also claims that he was denied the
effective assistance of counsel. For the reasons that follow, we affirm
the trial court’s judgment. |
Rogers |
5/5/2014 |
2014-Ohio-1878 |
State v. Land |
9-13-39 |
Plaintiff-Appellant,
the State of Ohio, appeals the judgment of the Court of Common Pleas of
Marion County, suppressing the State’s evidence. On appeal, the State
argues that the trial court erred by: (1) holding a suppression hearing
after the commencement of trial without the defendant filing a motion to
suppress; (2) denying the State due process; and (3) improperly
suppressing the State’s evidence. For the reasons that follow, we
reverse the trial court’s judgment. |
Rogers |
5/5/2014 |
2014-Ohio-1877 |
Hartings v. Xu |
10-13-11 |
Plaintiffs-Appellants,
Hillary Hartings; Rebecca Bruns, Administratrix of the Estate of Aubrey
Bruns; Rebecca and John Bruns, as parents and natural guardians of
Conner D. Bruns; Rebecca Bruns and John Bruns, as parents and natural
guardians of Keaton Bruns; Rebecca Bruns, individually; and John Bruns,
individually (collectively “Hartings”), and Defendants-Appellants, the
National Mutual Insurance Company d/b/a Celina Insurance Group and Ohio
Mutual Insurance Company (collectively “the Insurance Companies”),
appeal the judgment of the Court of Common Pleas of Mercer County,
granting summary judgment in favor of Defendants-Appellees, Jinghao Xu;
Asiana Floors, Jung Ho Bae, and Kim Bae (collectively “the Baes”); and
Rite Rug Company (“Rite Rug”). On appeal, Hartings and the Insurance
Companies argue that the trial court committed the following errors: (1)
granting summary judgment in favor of Rite Rug and the Baes by finding
that Xu was an independent contractor; (2) granting summary judgment as
the decision was based upon a mistake of law; and (3) granting summary
judgment in favor of Rite Rug and the Baes on the issue of negligent
hiring and retention of Xu. For the reasons that follow, we reverse in
part and affirm in part the trial court’s judgment. |
Rogers |
4/28/2014 |
2014-Ohio-1794 |
State v. Taylor |
1-13-46 |
Defendant-Appellant,
Maurice Taylor, appeals the judgment of the Court of Common Pleas of
Allen County convicting him of domestic violence and sentencing him to
18 months in prison. On appeal, Taylor argues that the trial court
erred by scheduling his trial outside of the statutorily required speedy
trial date and by entering a guilty verdict that was against the
manifest weight of the evidence. For the reasons that follow, we affirm
the trial court’s judgment. |
Rogers |
4/28/2014 |
2014-Ohio-1793 |
In re S.F. |
5-13-36 |
The
trial court did not abuse its discretion in determining that it was in
the best interest of the child to terminate the parental rights and
grant permanent custody to the Agency. The Agency did not fail to make a
reasonable case plan designed to reunite the child with his mother. |
Willamowski |
4/28/2014 |
2014-Ohio-1792 |
State v. Stairhime |
4-13-06 |
Appellant's
ten convictions for sexual offenses against various victims were not
against the manifest weight of the evidence. Appellant was unable to
establish his counsel was ineffective. In addition, Appellant did not
establish that his sentence was clearly and convincingly contrary to
law. |
Shaw |
4/28/2014 |
2014-Ohio-1791 |
White-Rhoades v. Rhoades |
9-13-60 |
The
trial court did not err in allocating to the parties equal shares of the
appreciation in the real property owned by wife due to the fact that
improvements made to the property were paid for out of a marital account
containing comingled separate and marital funds. |
Shaw |
4/28/2014 |
2014-Ohio-1790 |
State v. Montgomery |
12-13-11 |
The
trial court did not err by accepting defendant-appellant's guilty plea.
The trial court properly advised defendant-appellant of his rights
pursuant to Crim.R. 11(C)(2). Defendant-appellant waived his argument
concerning venue by pleading guilty and failing to raise the issue
below. The trial court did not violate defendant-appellant's right of
allocution under Crim.R. 32(A)(1). |
Preston |
4/28/2014 |
2014-Ohio-1789 |
State v. Velez |
12-13-10 |
Defendant-appellant's
convictions for felonious assault and menacing were supported by
sufficient evidence and not against the manifest weight of the evidence.
The trial court did not commit plain error when it denied
defendant-appellant's motion for separate trials. The trial court did
not commit plain error by not questioning a juror concerning his hearing
ability or by retaining the juror. The trial court did not commit
plain error by allowing plaintiff-appellee to question
defendant-appellant during his cross-examination concerning his military
discharge. |
Preston |
4/28/2014 |
2014-Ohio-1788 |
State v. Bagley |
1-13-31 |
Defendant-appellant's
conviction for felonious assault was not against the manifest weight of
the evidence because defendant-appellant failed to prove self-defense.
The trial court did not err in admitting a part of the interview
between defendant-appellant and the investigating detective in which
defendant-appellant refers to his prior incarceration. The trial court
did not err in admitting a part of the interview between
defendant-appellant and the investigating detective in which the
detective questions defendant-appellant’s truthfulness.
Defendant-appellant waived his constitutional arguments by not raising
them in the trial court. |
Preston |
4/28/2014 |
2014-Ohio-1787 |
State v. Rock |
13-13-38 |
The
trial court did not err in denying defendant-appellant's Crim.R. 29
motion for acquittal because a rational trier of fact could have found
the essential elements of tampering with evidence proven beyond a
reasonable doubt. |
Preston |
4/28/2014 |
2014-Ohio-1786 |
State v. Graham |
5-13-31 |
Defendant’s
sentence was a final appealable order, the sentence was not void and
the allegations regarding the trial court’s sentencing errors, brought
to the attention of the trial court almost thirteen years after the
sentencing and direct appeal, were barred by res judicata. |
Willamowski |
4/28/2014 |
2014-Ohio-1785 |
Cunningham v. Cunningham |
11-13-08 |
Court's
decision not to factor-in depreciation for previous years' farming
expenses when calculating gross income for child support purposes not an
abuse of discretion. Similarly, trial court's award of partial
attorney fees not an abuse of discretion. |
Shaw |
4/21/2014 |
2014-Ohio-1684 |
State v. Hiser |
11-13-04 |
Trial
court did not err in denying the motion for a continuance when defendant
was unable to estimate when he would be ready and had already had over a
year to prepare the defense. Defendant was not denied effective
assistance of counsel. |
Willamowski |
4/21/2014 |
2014-Ohio-1683 |
Crites v. Anthem Life Ins. Co. |
4-13-13 |
The
trial court did not err by granting the decedent's children summary
judgment and imposing a constructive trust over the proceeds of the
decedent's employer-sponsored life insurance policy after distribution
of the policy proceeds to the decedent's ex-wife. |
Preston |
4/21/2014 |
2014-Ohio-1682 |
Liles v. Doyle |
1-13-48 |
The trial court did not abuse its discretion by denying appellant-father's complaint for legal custody of his minor child. |
Preston |
4/21/2014 |
2014-Ohio-1681 |
State v. Peacock |
13-13-42 |
Trial court did not abuse its discretion in denying appellant's motion to withdraw his guilty plea. |
Shaw |
4/14/2014 |
2014-Ohio-1571 |
State v. Loman |
2-13-17 |
By
setting as a condition of defendant-appellant’s bond that he contact his
counsel once each week and then directing defendant-appellant’s counsel
to provide the information, evidence, or testimony necessary to
establish the violation of that bond condition against
defendant-appellant’s interests, the trial court denied
defendant-appellant the effective assistance of his counsel. |
Shaw |
4/14/2014 |
2014-Ohio-1570 |
Weisenauer v. Am. Standard, Inc. |
13-13-25 |
Summary Judgment improper under White v. Mayfield where claimant has not yet "quit work on account of disease." |
Shaw |
4/14/2014 |
2014-Ohio-1569 |
State v. Stober |
12-13-09 |
Sufficient
evidence was presented to support Stober's convictions and convictions
were not against the manifest weight of the evidence. A joint trial for
victims of similar crimes was not error. Witnesses' testimony was
properly allowed under Evid.R. 404(B). Jury instructions adequately
reflected the law. Prosecutor did not commit misconduct, and counsel
was not ineffective. Trial court did, however, fail to make all of the
required findings for consecutive sentences. |
Shaw |
4/14/2014 |
2014-Ohio-1568 |
State v. Land |
9-13-49 |
Land's conviction for trafficking in heroin not against the manifest weight of the evidence. |
Shaw |
4/14/2014 |
2014-Ohio-1566 |
In re M.H. |
13-13-45, 13-13-46 |
The
trial court's dispositional decision relative to mother-appellant's
minor child, M.H., was not against the manifest weight of the evidence.
Mother-appellant failed to object to the magistrate's decision with
respect to W.H., and the trial court's disposition of W.H. did not
amount to plain error. |
Preston |
4/7/2014 |
2014-Ohio-1485 |
Kingseed v. Dininger |
13-13-39 |
Plaintiff-Appellant,
Dennis Kingseed, appeals the judgment of the Tiffin Municipal Court
awarding him damages in a forcible entry and detainer action against
Defendant-Appellee, Karen Dininger. On appeal, Kingseed argues that the
trial court erred by improperly calculating his damages. Finding that
the damages calculation is not supported by some competent, credible
evidence, we reverse the trial court’s judgment. |
Rogers |
4/7/2014 |
2014-Ohio-1484 |
State v. Coleman |
5-13-15 |
The
trial court did not err by denying defendant-appellant's motion to
suppress evidence when the traffic stop was supported by probable cause
of a turn-signal violation. Alleged racial profiling is not grounds for
suppression of evidence under the Fourth Amendment. |
Preston |
4/7/2014 |
2014-Ohio-1483 |
Grange Ins. Co. v. Sawmiller |
2-13-19 |
PTSD
and physical symptoms stemming therefrom do not fall under the
definition of “bodily injury” in the Grange automobile insurance policy;
and therefore, the trial court did not err in granting Grange summary,
declaratory judgment. |
Preston |
4/7/2014 |
2014-Ohio-1482 |
In re S.B. |
5-13-27; 5-13-28; 5-13-29 |
The
termination of the parental rights of the mother was not against the
manifest weight of the evidence. The Agency made a good faith effort to
reunify the children with their mother. |
Willamowski |
4/7/2014 |
2014-Ohio-1481 |
Geesaman v. St. Rita's Med. Ctr. |
1-13-08 |
Plaintiffs-Appellants,
Jeffrey (“Jeffrey”) and Lori (“Lori”) Geesaman (collectively,
“Appellants”), appeal the judgment of the Court of Common Pleas of Allen
County granting summary judgment in favor of Defendant-Appellee, John
Cox, D.O. On appeal, Appellants argue that the trial court erroneously
interpreted our previous opinion in this matter as limiting the retrial
to the issue of loss of chance. See Geesaman v. St. Rita’s Med. Ctr.,
183 Ohio App.3d 555, 2009-Ohio-3931 (3d Dist.) (hereinafter, “Geesaman
I”). For the reasons that follow, we reverse the trial court’s
judgment. |
Rogers |
4/7/2014 |
2014-Ohio-1480 |
State v. Parr |
15-13-09 |
Defendant's
plea was not entered involuntarily regardless of sentence attorney may
have promised when defendant was questioned by the trial court and
stated that he understood that the trial court was the sole determiner
of the sentence and that he understood what the possible sentences were. |
Willamowski |
4/7/2014 |
2014-Ohio-1479 |
State v. Opp |
13-13-33 |
The
trial court did not abuse its discretion when it admitted an expert
witness's testimony in spite of the State's failure to comply with
Crim.R. 16(K). |
Willamowski |
3/24/2014 |
2014-Ohio-1138 |
State v. Nisley |
5-13-25 |
Defendant-Appellant,
Nathan Nisley, appeals the judgment of the Court of Common Pleas of
Hancock County convicting him of attempted aggravated possession of
drugs and sentencing him to 120 days in jail. On appeal, Nisley argues
that the trial court committed the following errors: denying his
presentence motions which, collectively, constituted a withdrawal of his
guilty plea; and denying his motion for a second psychological
evaluation prior to the sentencing hearing. Nisley also argues that he
was denied effective assistance of counsel. For the reasons that
follow, we affirm the trial court’s judgment. |
Shaw |
3/24/2014 |
2014-Ohio-1137 |
In re I.G. |
9-13-43, 9-13-44, 9-13-45 |
Mother-appellant
fully participated in final hearing and thus any defect in notification
was waived. Grant of permanent custody was supported by clear and
convincing evidence. |
Shaw |
3/24/2014 |
2014-Ohio-1136 |
State v. Bardhi |
11-13-05 |
Insufficient
evidence was presented to convict defendant of speeding in violation of
former R.C. 4511.21(D)(3) where State did not offer any evidence of
vehicle's weight exceeding 8,000 pounds, one of the two required
elements. |
Shaw |
3/24/2014 |
2014-Ohio-1135 |
State v. Arnold |
13-13-27 |
Defendant's
conviction for Domestic Violence was not against the manifest weight of
the evidence. He is unable to establish that the trial court was
biased against him, or that his fifth or sixth amendment rights were
violated. |
Shaw |
3/24/2014 |
2014-Ohio-1134 |
State v. Roth |
7-13-10 |
The trial court did not err in overruling the appellant’s motion to suppress and excluding evidence on the ground of hearsay. |
Shaw |
3/17/2014 |
2014-Ohio-984 |
State v. Wilkins |
17-13-13 |
The
trial court did not commit plain error when it ordered that
defendant-appellant pay the victim restitution in the amount of $21,281.
Defendant-appellant was not denied effective assistance of counsel. |
Preston |
3/17/2014 |
2014-Ohio-983 |
State v. Bright |
13-13-30 |
Defendant-appellant's
breaking and entering convictions were supported by sufficient evidence
and not against the manifest weight of the evidence. The trial court
did not abuse its discretion by denying defendant-appellant's motion to
sever. The trial court did not abuse its discretion by allowing
testimony concerning the significant decrease in break-ins following the
search of defendant-appellant's residence. |
Preston |
3/17/2014 |
2014-Ohio-982 |
State v. Nisley |
5-13-23 |
Defendant-Appellant,
Nathan Nisley, appeals the judgment of the Court of Common Pleas of
Hancock County convicting him of attempted aggravated possession of
drugs and sentencing him to 120 days in jail. On appeal, Nisley argues
that the trial court committed the following errors: denying his
presentence motions which, collectively, constituted a withdrawal of his
guilty plea; and denying his motion for a second psychological
evaluation prior to the sentencing hearing. Nisley also argues that he
was denied effective assistance of counsel. For the reasons that
follow, we affirm the trial court’s judgment. |
Rogers |
3/17/2014 |
2014-Ohio-981 |
State v. Wilkerson |
8-13-06, 8-13-07 |
The
trial court’s failure to make all of the required specific findings for
imposition of consecutive sentences resulted in the defendant’s sentence
being contrary to law. |
Willamowski |
3/17/2014 |
2014-Ohio-980 |
In re ZA.C. |
1-13-43, 1-13-44 |
Trial
court did not err in finding that the children could not be placed with
either parent within a reasonable time or in determining that granting
permanent custody to the agency was in the best interest of the child.
Mother was not denied effective assistance of counsel. Trial court did
not err in limiting questioning as to who was a confidential informant
in a related criminal case when that information was not relevant to
this case. |
Willamowski |
3/17/2014 |
2014-Ohio-979 |
State v. Dirmeyer |
13-13-24 |
The
trial court did not err in instructing the jury pursuant to State v.
Lilly, 87 Ohio St.3d 97 (1997) that "one can commit a trespass and
burglary against property of which one is the legal owner if another has
control or custody of that property." The trial court did not err by
denying defendant-appellant's Crim.R. 29(A) motion since sufficient
evidence existed to show he trespassed into the residence since
defendant-appellant's former girlfriend had sole possessory interest in
the residence after defendant-appellant vacated, returned his key,
removed most of his belongings, asked to have his name removed off the
lease, and did not reside in the residence for six months prior to the
incident. |
Preston |
3/3/2014 |
2014-Ohio-759 |
State v. Schmidt |
13-13-07 |
Under
Crim.R. 12(C)(2), Defendant waived objections to the alleged defects in
the indictment’s forfeiture specification when he failed to raise the
challenge in the trial court. |
Willamowski |
3/3/2014 |
2014-Ohio-758 |
Hopkins v. Porter |
10-13-17 |
Because
the chip spreader was not a "motor vehicle" for purposes of R.C.
2744.02(B)(1) or an "obstruction" for purposes of R.C. 2744.02(B)(3),
the trial court did not err by granting the Mercer County Board of
County Commissioners summary judgment. Because there is no question of
fact concerning whether Porter, the county employee responsible for the
accident, acted recklessly, the trial court erred by denying Porter
summary judgment under R.C. 2744.03(A)(6). |
Preston |
3/3/2014 |
2014-Ohio-757 |
Cotton v. Sheldon |
9-13-48 |
Plaintiff-Appellant,
Prince Charles Cotton, appeals the judgment of the Court of Common
Pleas of Marion County denying his “motion to rescind unauthorized
actions by the clerk’s [sic] of courts”. On appeal, Cotton argues that
the trial court erred because the judge was biased, cited his own
personal opinions, failed to cite case law, and misapplied the law. For
the reasons that follow, we affirm the trial court’s judgment. |
Rogers |
3/3/2014 |
2014-Ohio-756 |
In re H.M. |
8-13-11, 8-13-12, 8-13-13 |
Appellant,
Marla Lewellan, appeals the judgment of the Court of Common Pleas of
Logan County granting permanent custody of her three minor children,
H.M., L.L., and J.L., to Logan County Children Services (“LCCS”). On
appeal, Lewellan argues that the trial court erred by: entering a
judgment that was against the manifest weight of the evidence;
improperly focusing on Lewellan’s mental health; and failing to make
independent findings of fact and conclusions of law. Lewellan also
argues that LCCS did not use reasonable efforts to reunify the family,
that the guardian ad litem (“GAL”) for her children did not adequately
perform his duties; and that her GAL did not adequately perform his
duties. For the reasons that follow, we reverse the judgment of the
trial court and remand this matter for further proceedings consistent
with this opinion. |
Rogers |
3/3/2014 |
2014-Ohio-755 |
State v. Michael |
7-13-05 |
The
trial court did not err in revoking the defendant’s suspended sentence
upon his failure to comply with conditions of suspension. |
Willamowski |
3/3/2014 |
2014-Ohio-754 |
State v. Henson |
5-13-24 |
Defendant-appellant's cocaine-possession conviction was not against the manifest weight of the evidence. |
Preston |
3/3/2014 |
2014-Ohio-753 |
State v. Perkins |
5-13-01 |
Evidence
was sufficient to prove "venue" was appropriate in Hancock County.
Appellant's right to remain silent was not violated, counsel was not
ineffective, prosecutor did not engage in misconduct. References to
appellant's bond status did not rise to the level of reversible error. |
Shaw |
3/3/2014 |
2014-Ohio-752 |
State v. Lyle |
1-13-16, 1-13-17 |
Defendant-Appellant,
Brandon Lyle, appeals the judgments of the Court of Common Pleas of
Allen County finding that he violated his community control in two
different cases and sentencing him to a one year prison term in each, to
be served consecutively. On appeal, Lyle argues that the trial court
erred by: (1) failing to adequately notify him of the possibility of a
prison sentence if he violated the terms of his community control; and
(2) imposing consecutive sentences. For the reasons that follow, we
affirm the judgment in Appeal No. 1-13-17 and reverse the judgment in
Appeal No. 1-13-16. |
Rogers |
3/3/2014 |
2014-Ohio-751 |
State v. Reed |
16-13-11 |
Defendant-Appellant,
David Reed, appeals the judgment of the Court of Common Pleas of
Wyandot County convicting him of two counts of rape and one count of
gross sexual imposition and sentencing him to 25 years to life in
prison. On appeal, Reed argues that the trial court erred by: (1)
denying his motion for acquittal at the end of the State’s evidence; and
(2) entering a guilty verdict that was against the manifest weight of
the evidence. Reed also contends that he was denied effective
assistance of counsel. For the reasons that follow, we affirm the trial
court’s judgment. |
Rogers |
2/24/2014 |
2014-Ohio-644 |
State v. Gonzales |
13-13-31, 13-13-32 |
Search
warrant was supported by probable cause, was not overbroad, and the
no-knock provision was not improper. However, sentence to permanent
weapons disability was improper under amended statute. |
Shaw |
2/18/2014 |
2014-Ohio-557 |
State v. Raymond |
1-13-23 |
The
trial court did not err by ordering defendant-appellant to serve his
Allen County term of imprisonment consecutive to his Auglaize County
term of imprisonment. Trial counsel was not ineffective for failing to
present mitigation evidence at the sentencing hearing where the evidence
was already before the sentencing court and the defendant-appellant
made a statement in mitigation. |
Preston |
2/18/2014 |
2014-Ohio-556 |
State v. White |
1-13-27 |
Trial court did not err in denying defendant's motion to suppress evidence collected at an OVI roadblock. |
Willamowski |
2/18/2014 |
2014-Ohio-555 |
BAC Home Loans Servicing, L.P. v. Haas |
9-13-40 |
The
trial court did not err in overruling the appellants-homeowners’ motion
for Civ.R. 60(B) relief from judgment and motion to enforce settlement
agreement with appellee-lender. |
Shaw |
2/10/2014 |
2014-Ohio-438 |
State v. Love |
9-13-09 |
Failure
to merge Vandalism and Arson against the same victim for actions
stemming from same course of conduct was error. Restitution order
improper where no conviction against the victims and no agreement in the
written plea agreement to do so. |
Shaw |
2/10/2014 |
2014-Ohio-437 |
State v. Fisher |
6-13-03 |
Defendant-appellant's convictions were not against the manifest weight of the evidence. |
Preston |
2/10/2014 |
2014-Ohio-436 |
State v. Shoulders |
5-13-12, 5-13-20 |
The
trial court did not abuse its discretion in denying
defendant-appellant's postsentence motion to withdraw his guilty plea.
Defendant-appellant was not denied effective assistance of counsel. |
Preston |
2/10/2014 |
2014-Ohio-435 |
Kelly v. Kelly |
5-13-10 |
The
trial court did not err in denying the motion for shared parenting. The
trial court did not err in designated the mother as residential parent.
The decision of the trial court was not against the manifest weight of
the evidence. |
Willamowski |
2/3/2014 |
2014-Ohio-354 |
State v. Johnston |
8-13-10 |
Defendant-appellant's
conviction for breaking and entering was supported by sufficient
evidence. Defendant-appellant was not denied effective assistance of
counsel. |
Preston |
2/3/2014 |
2014-Ohio-353 |
Buchanan v. Improved Properties, L.L.C. |
1-13-38 |
Trial
court did not err in granting summary judgment to seller of real estate
when buyer had opportunity to have property inspected, had the home
inspected, and bought the property "as is." |
Willamowski |
1/27/2014 |
2014-Ohio-263 |
State v. Hale |
9-13-17 |
The
trial court made factual findings under R.C. 2951.03(B)(5) even though
it did not expressly state so. The trial court’s failure to make an
R.C. 2951.03(B)(5) factual finding regarding the age of the victim was
harmless error. The trial court made the appropriate R.C. 2929.14(C)
findings prior to imposing consecutive sentences. The trial court did
not err in sentencing defendant-appellant to 14 years imprisonment. |
Preston |
1/27/2014 |
2014-Ohio-262 |
State v. Miller |
13-13-14 |
Defendant-appellant's
endangering-children conviction was not against the manifest weight of
the evidence. Defendant-appellant was not denied effective assistance
of counsel. |
Preston |
1/27/2014 |
2014-Ohio-261 |
State v. Rickman |
13-13-15 |
The trial court did not abuse its discretion in denying Defendant's motion to withdraw guilty plea. |
Willamowski |
1/27/2014 |
2014-Ohio-260 |
State v. Liles |
1-13-04 |
Defendant-appellant’s
felonious assault and weapons under disability convictions were not
against the manifest weight of the evidence. Defendant-appellant was
not deprived effective assistance of counsel. |
Preston |
1/27/2014 |
2014-Ohio-259 |
State v. Workman |
10-13-13 |
The
trial court erred in finding Appellant was guilty of violating the local
zoning code when the complaint, the evidence at trial, and the judgment
entry of conviction and sentence all failed as a matter of law to
sufficiently apprise Appellant of or identify for the record the
proscribed criminal conduct for which Appellant was purportedly
convicted. |
Shaw |
1/27/2014 |
2014-Ohio-258 |
Buchenroth v. Adkins |
8-13-17 |
Trial court erred in failing to award contracted rate of interest. |
Shaw |
1/27/2014 |
2014-Ohio-257 |
State v. Coe |
12-13-03 |
The
prosecutor committed misconduct during the State's case-in-chief,
opening statements, and closing arguments by claiming that defendant was
guilty because he refused to answer the questions of the police, thus
commenting on the defendant's exercise of his right to remain silent. |
Willamowski |
1/27/2014 |
2014-Ohio-256 |
State v. Billenstein |
10-13-10 |
Defendant-Appellant,
Ryan Billenstein, appeals the judgment of the Mercer County Court of
Common Pleas finding him guilty of two counts of aggravated vehicular
manslaughter, one count of vehicular assault, and driving under the
influence and sentencing him to 13 years in prison. On appeal,
Billenstein contends that the trial court erred by: (1) failing to
suppress in-custody statements Billenstein made; (2) failing to orally
advise Billenstein that counts one, two, and five of the indictment
carried a mandatory term of incarceration; (3) failing to orally advise
Billenstein that he would be ineligible for community control and
judicial release; (4) failing to advise Billenstein of the elements of
post release control; (5) failing to advise Billenstein of the mandatory
suspension of his operator’s license; and (6) imposing consecutive
sentences. Billenstein also argues that he was denied effective
assistance of counsel. For the reasons that follow, we affirm in part
and reverse in part the trial court’s judgment. |
Rogers |
1/27/2014 |
2014-Ohio-255 |
State v. Hayes |
13-13-21 |
Defendant's
conviction was not against the manifest weight of the evidence.
Defendant was not denied effective assistance of counsel. |
Willamowski |
1/27/2014 |
2014-Ohio-254 |
Brown v. Wyandt |
8-13-08 |
The
trial court’s finding that appellant failed to establish he had standing
as a nonparent to pursue a shared custody petition against appellee was
supported by competent, credible, and reliable evidence. |
Shaw |
1/21/2014 |
2014-Ohio-164 |
Snapp v. Castlebrook Builders, Inc. |
17-12-22 |
There
was no prejudicial error in holding individual defendant personally
liable for co-defendant corporation’s actions; the trial court did not
abuse its discretion in awarding treble damages and attorney’s fees
pursuant to R.C. 1345.09; and the jury verdicts were not inconsistent or
against manifest weight of the evidence. |
Willamowski |
1/21/2014 |
2014-Ohio-163 |