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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Barrow v. New Miami CA2015-03-043Constitutional law; Jurisdiction; Justiciability; Class certification; Civ.R. 23 - Plaintiffs possessed standing to challenge the constitutionality of municipal ordinance establishing automated traffic enforcement system, and trial court adequately set forth its reasons in support of class certification under Civ.R. 23.HendricksonButler 2/1/2016 2/1/2016 2016-Ohio-340
State v. Wells CA2015-08-144Anders no error.Per CuriamButler 2/1/2016 2/1/2016 2016-Ohio-341
Dreisilker v. Carrelli CA2015-06-052Contempt; Purge Conditions; Child Support; Failure to Pay; Untimely Appeal; Moot. Appellant failed to file a timely appeal from the trial court's decision finding him in contempt, thereby rendering his appeal untimely. The record also reveals appellant complied with the trial court's purge conditions, thereby rendering his appeal moot. Regardless, even if the matter was properly before the court, the trial court did not err by finding appellant in contempt for failing to pay his child support obligations where uncontroverted evidence indicated appellant was in arrears on his child support obligations and did not pay his portion of his son's medical expenses.S. PowellWarren 2/1/2016 2/1/2016 2016-Ohio-342
NTL Collegiate Stndt Loan Trust 2005-1 v. Owusu CA2015-07-139There remain genuine issues of material fact so that summary judgment was improperly granted where the record is missing evidence establishing a proper assignment and whether acceleration of the loan was proper. PiperButler 1/25/2016 1/25/2016 2016-Ohio-259
State v. Pullens ca2015-03-024Guilty plea to aggravated burglary with a firearm specification; plea knowingly, intelligently, and voluntarily entered; compliance with Crim.R. 11(C); trial counsel not ineffective for advising appellant to take plea deal; state's recitation of facts at plea hearing supported the firearm specification.HendricksonClermont 1/25/2016 1/25/2016 2016-Ohio-260
State v. Wieland CA2015-04-036 & CA2015-08-067R.C. 2945.71; Speedy Trial; OVI: Trial court did not err in denying a motion to dismiss a charge filed outside the 90-day speedy trial window where the new charge was based upon a lab report not available to the state at the time of the original arrest. See State v. Schuster, 12th Dist. Clermont No. CA2015-05-040 and CA2015-05-041, 2015-Ohio-4818.RinglandClermont 1/25/2016 1/25/2016 2016-Ohio-261
Garrett v. Garrett CA2015-09-024Divorce; Property Division; Gift; Separate Property; Appreciation; Motion to Continue; Appraisal; No Abuse of Discretion; Proposed Findings of Fact and Conclusions of Law; Independent Analysis; Copy and Paste; Verbatim; The trial court did not err by awarding appellee property gifted to him by his grandmother, nor did the trial court err by finding appellant was not entitled to share in appreciation value of the property where neither spouse's labor increased the value of the subject property. In addition, the trial court did not err by denying appellant's second motion for a continuance made on the day of the final divorce hearing where appellant had previously requested a continuance to conduct an appraisal, which she then failed to complete. Finally, the trial court did not err by adopting appellee's proposed findings of fact as part of its decision in a divorce matter for a court may adopt verbatim a party's proposed findings of fact and conclusions of law as its own if it has thoroughly read the document to ensure that it is completely accurate in fact and law.S. PowellMadison 1/25/2016 1/25/2016 2016-Ohio-262
State v. Marcum CA2015-04-11Rape; gross sexual imposition; sexual battery; importuning; double jeopardy; manifest weight; allied offenses; ineffective assistance of counsel; computerized voice stress analyzer; polygraph. M. PowellPreble 1/25/2016 1/25/2016 2016-Ohio-263
State v. Shindeldecker CA2015-06-014Manifest Weight, Sufficiency of the Evidence, Substitution of Counsel, Relevancy, Prejudice, Evid.R. 403, Sentence M. PowellPreble 1/25/2016 1/25/2016 2016-Ohio-264
Queen v. Union Twp. Bd. of Zoning Appeals CA2015-05-011Township zoning code; application for a conditional use permit for a kennel granted by township board of zoning appeals; board of zoning appeals not required to make express findings of fact before granting conditional use permit; board of zoning appeals not required to state every factor listed in the zoning code to demonstrate it had properly considered and addressed them, before granting a conditional use permit.M. PowellFayette 1/19/2016 1/19/2016 2016-Ohio-161