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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Taylor v. Collier 13 MA 117Medical malpractice; causation; validity of the lower court's proceedings is presumed when Appellant fails to provide complete transcripts; when sufficient evidence is presented as to each element, a trial court does not error in denying motion for judgment notwithstanding the verdict or a motion for a new trial; a trial court does not err in denying a motion in limine when medical reports and history go directly to an element; it is not error to allow an expert witness to testify to matters within the scope of their report.WaiteMahoning 9/30/2015 10/2/2015 2015-Ohio-4099
State v. Williams 13 MA 125When kidnapping is not incidental to rape and robbery charges, the offenses are not allied offenses of similar import and do not merge for sentencing purposes; a defendant who argues disproportionality in his sentence must show that he is similarly situated with the defendants he compares himself to; R.C. 2929.14(C) consecutive sentence findings must be made at sentencing hearing and must be incorporated within the sentencing entry; a defendant who is sentenced to postrelease control must be informed of the consequences that will occur if the sentence is violated; possible clerical error on sentencing entry.WaiteMahoning 9/30/2015 10/2/2015 2015-Ohio-4100
State v. Parker 13 MA 161An indictment is not made insufficient when a lengthy time range is provided for the incidents when time and date are not elements of the offense; an indictment is not insufficient when the state files a bill of particulars which provides sufficient details to place a defendant on notice of the charges against him; the state does not overcharge a defendant when a victim asserts that the conduct occurred a specific number of times and those allegations are supported within the record; plain error; sufficiency of the evidence; manifest weight of the evidence.WaiteMahoning 9/30/2015 10/2/2015 2015-Ohio-4101
Masucci v. Burnbrier 14 MA 78Civil protection order; R.C. 2903.214; for CPO to be granted the evidence must show a pattern of conduct of menacing; R.C. 2903.211(A)(1); some of the incidents of menacing were proven by inadmissible hearsay evidence; absent the hearsay, there was no pattern of conduct established; CPO vacated.WaiteMahoning 9/30/2015 10/2/2015 2015-Ohio-4102
Thompson v. Thompson 14 MA 178Divorce; failure to attend final hearing; court was not required to grant a continuance of final hearing where no continuance was requested particularly when local rule requires all motions for continuance to be in writing.WaiteMahoning 9/30/2015 10/2/2015 2015-Ohio-4103
State v. Jackson 14 MA 108community control; violation; R.C. 2929 (B)(4); sentencing; failure to reportDeGenaroMahoning 9/28/2015 9/29/2015 2015-Ohio-3959
State v. Woods 13 MA 81assault, court witnesses, Evid. R. 614, in-court identification of defendant, Crim.R. 52(B), prosecutorial misconduct during closing arguments, cumulative errorDeGenaroMahoning 9/28/2015 9/29/2015 2015-Ohio-3950
State v. Kiger 14-BE-34: assault conviction not against the manifest weight of the evidence; appellate court must give deference to factfinder's credibility determinationDonofrioBelmont 9/25/2015 9/29/2015 2015-Ohio-3951
Green v. Miller 15-BE-27habeas; common pleas court jurisdiction over feloniesPer CuriamBelmont 9/25/2015 9/29/2015 2015-Ohio-3952
Brown v. Miller 15-BE-37habeas; common pleas court jurisdiction over feloniesPer CuriamBelmont 9/25/2015 9/29/2015 2015-Ohio-3953