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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Ceglia v. Youngstown State Univ. 14AP-864Genuine issue of material fact exists as to employee's age discrimination claim where the employee presented evidence upon which it may be reasonably inferred that he was as qualified, if not more qualified, than the candidate selected for the new position, that many of the proffered reasons for denying him the position were false or insufficient and that the employer made ageist remarks to the employee. The trial court did not err in granting summary judgment for the employer on the employee's disability discrimination claim where the employee failed to present evidence that his medical conditions were the true reason for denying him the position. Judgment affirmed in part and reversed in part.SadlerFranklin 9/1/2015 9/1/2015 2015-Ohio-2125
State v. Robinson 13AP-563Late application for reopening under App.R. 26(B) is denied. The record demonstrates no ineffective counsel.TyackFranklin 8/27/2015 8/27/2015 2015-Ohio-3486
State ex rel. Amanda Bent Bolt Co. v. Indus. Comm. 14AP-295Mandamus denied; commission did not abuse its discretion in interpreting Ohio Adm.Code 4123:1-5-11(E)(4) and in granting claimant's VSSR application; commission did not abuse its discretion in rejecting employer's unilateral negligence defense to the VSSR violation because this defense only applies when the employer has first complied with the relevant safety requirement and deliberately render an otherwise complying device noncompliant.KlattFranklin 8/27/2015 8/27/2015 2015-Ohio-3487
Columbus v. Zimmerman 14AP-963 & 14AP-964OVI conviction affirmed; defendant's administrative license suspension terminated upon her conviction for OVI, and because defendant challenged the ALS but not her conviction, her challenge to the ALS was moot.KlattFranklin 8/27/2015 8/27/2015 2015-Ohio-3488
State v. Nichter 15AP-40Decision to grant judicial release reversed when trial court failed to comply with requirements of R.C. 2929.20(J) in granting judicial release.KlattFranklin 8/27/2015 8/27/2015 2015-Ohio-3489
State v. Whiteside 15AP-55A motion for leave to file a delayed motion for a new trial is properly denied as unreasonably untimely where the defendant failed to explain what diligent efforts he undertook to find a witness that he has known existed for more than 30 years or to explain why he waited over 25 years to present discrepancies in the testimony by one witness who testified at his and another defendant's trial over the span of more than a year. Judgment affirmed.BrunnerFranklin 8/27/2015 8/27/2015 2015-Ohio-3490
State v. Simpson 15AP-188Inmate's "motion to reverse conviction" was appropriately viewed as a petition for post-conviction relief which was filed too late.TyackFranklin 8/27/2015 8/27/2015 2015-Ohio-3491
Evans v. Ohio Dept. of Rehab. & Corr. 15AP-463Lawsuit based on adulterated food served to an inmate should not have been dismissed under Civ.R. 12.TyackFranklin 8/27/2015 8/27/2015 2015-Ohio-3492
State v. C.A. 14AP-738In an application to seal records of dismissed criminal misdemeanors, the trial court did not abuse its discretion in considering the applicant's prior guilty plea as a confession that could be controverted and that was not issue preclusive in determining whether to grant her application. The trial court was able to conclude that other dismissed cases, filed simultaneously with the applicant's OVI case, did not arise "as a result of or in connection with the same act" when the guilty plea to OVI had been part of a resolution of several cases. Judgment affirmed.BrunnerFranklin 8/25/2015 8/25/2015 2015-Ohio-3437
State v. Ellis 14AP-912Trial court sufficiently advised the defendant of the rights he was giving up in accepting his plea bargain and entering pleas instead of going to trial.TyackFranklin 8/25/2015 8/25/2015 2015-Ohio-3438