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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Andrews v. Passmore 12 BE 44Easement by prescription; when permissive use is established, adverse element cannot be met.WaiteBelmont 6/29/2015 7/1/2015 2015-Ohio-2681
State v. Todd 12 CO 28Trial court did not abuse its discretion when it denied a motion to change venue because the voir dire process was comprehensive and Appellant has not shown that juror was biased; hospital room and funeral home photographs supplemented medical testimony and gave jury appreciation of nature and circumstances of offenses, thus trial court did not abuse its discretion in admitting the photographs; manifest weight of the evidence; ineffective assistance of counsel.WaiteColumbiana 6/29/2015 7/1/2015 2015-Ohio-2682
State v. Dumas 12 MA 31Felony murder; aggravated robbery; complicity; removal of defendant from courtroom due to disruptive behavior; Sixth Amendment; allied offenses; ineffective assistance of counsel.WaiteMahoning 6/29/2015 7/1/2015 2015-Ohio-2683
State v. Oliver 12 MA 212Must show both error and resulting prejudice when contesting a trial court's jury instructions; trial court need only demonstrate in the record that it was the requisite findings under R.C. 2929.14(C)(4) before imposing consecutive sentences; trial court cannot impose a longer period of post-release control than the defendant's conviction allows.WaiteMahoning 6/29/2015 7/1/2015 2015-Ohio-2684
Lagowski v. Shelly & Sands, Inc. 13 BE 21Negligence claim against owner of bulldozer that was operated by an unknown intermeddler and destroyed a home; Civ.R. 12(C); judgment on the pleadings; theft of an automobile eliminates the possibility of finding proximate cause in a negligence action against owner of vehicle; Tilton v. Austin Motors, Inc., 7th Dist. No. 96-CO-71, 1997 WL 816526 (Dec. 30, 1997); separate cause of action may exist only if there was repeated vandalism at the construction site such to warrant a "special duty" or "special circumstance."WaiteBelmont 6/29/2015 7/1/2015 2015-Ohio-2685
State v. Harris 13 MA 37Trial court's decision to accept Appellant's signed waiver of counsel supported by the totality of the circumstances; trial court's decision to grant motion for joinder is proper when Crim.R. 8 is satisfied and Appellant is unable to show prejudice; an opening statement is not evidence, thus Evid.R. 403 does not apply; the state has presented sufficient evidence as to second-degree possession of a deadly weapon while under detention when it presents evidence that Appellant was under detention for aggravated robbery and was sentenced to ninety-nine years at the time of the incident; possession of a deadly weapon while under incarceration includes an enhancing element, thus the jury verdict must comply with R.C. 2945.75; failure to merge felonious assault and possession of weapon convictions is not improper when the state has shown two separate animi; failure to make requisite findings under R.C. 2929.14(C) at both sentencing hearing and in sentencing entries is error.WaiteMahoning 6/29/2015 7/1/2015 2015-Ohio-2686
State v. Williams 14 JE 13Motion for new trial; Crim.R. 33(B); newly discovered evidence; unavoidably prevented from discovery of new evidence; failure to hold evidentiary hearing; vague affidavit in support of motion was filed over two years after final judgment of conviction; affidavit, even if believed, could not be the basis for a new trial; dismissal of motion affirmed.WaiteJefferson 6/29/2015 7/1/2015 2015-Ohio-2687
Kiko v. King Mountain, L.L.C. 14 MO 9Right to use a vacated township road; McQuigg v. Cullins, 56 Ohio St. 649, (1897); implied easement; reasonable necessity; landowner showed that his property was cut off from public roads after Lee Township Road 476 was vacated, and that continued use of the vacated road was reasonably necessary to use the property; affirmed.WaiteMonroe 6/29/2015 7/1/2015 2015-Ohio-2688
State v. Kuhn 14 MO 12Appellant argues a hearing was required to resolve the factual dispute as to whether he committed a sexually oriented offense; trial court did not find he committed a sexually oriented offense; sexual motivation is not pertinent to whether a defendant is a child-victim offender.RobbMonroe 6/18/2015 6/29/2015 2015-Ohio-2589
Strama v. Allstate Ins. 14-BE-8insurance agency agreement; purchase agreement; breach of contract; intentional interference with a contract; civil conspiracy; fraud; violation of the Ohio Deceptive Trade Practices Act; summary judgmentDonofrioBelmont 6/17/2015 6/29/2015 2015-Ohio-2590