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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Pickett CA2015-03-051Allied offenses; operating a vehicular under the influence; aggravated vehicular homicide; R.C. 2941.25; R.C. 2929.41.RinglandButler 11/23/2015 11/23/2015 2015-Ohio-4814
Smith v. Smith CA2015-03-056Spousal Support; Calculation; Duration; Expenses; Trial court abused its discretion in miscalculating Wife's expenses to include only her cost of rent, and in awarding Husband spousal support for a duration twice as long as Husband stated was necessary. RinglandButler 11/23/2015 11/23/2015 2015-Ohio-4815
In re M.A.-L. CA2015-07-129Continuance; Permanent Custody; Manifest Weight.RinglandButler 11/23/2015 11/23/2015 2015-Ohio-4816
State v. Kennell CA2015-01-002PSI; R.C. 2951.03; plea; allied offenses; attempted murder; kidnapping; offenses of dissimilar import; separate victims; ineffective assistance of counsel; voluntariness; Crim.R. 11(C).RinglandClermont 11/23/2015 11/23/2015 2015-Ohio-4817
State v. Schuster CA2015-05-040, CA2015-05-041Appellant's speedy trial rights were not violated where the state brought two separate indictments against appellant, and brought appellant to trial within the statutory period for both indictments. Appellant's waivers of time were valid, even though appellant did not sign them, where the waivers were executed by counsel and were for the benefit of trial preparation. Appellant's trial counsel was not ineffective despite not subpoenaing witness for each day of the trial. The mistake of subpoenaing the witnesses for only the first day of trial, rather than all three days, would not have resulted in a different outcome where no witness could testify that anyone other than appellant drove the car. Ohio's OVI repeat offender specification is constitutional, and not a violation of due process. While appellant's convictions for OVI and possession of drugs were supported by sufficient evidence and were not rendered against the manifest weight of the evidence, appellant's conviction for tampering with evidence was not supported by sufficient evidence where there is no indication that the police were investigating drug-related activity at the time appellant hid his drugs in the trunk of his car. Instead, officers were on the scene to investigate a bar fight so that the hidden drugs did not pertain to their investigation. PiperClermont 11/23/2015 11/23/2015 2015-Ohio-4818
State v. Howland CA2015-04-008Anders no error.Per CuriamFayette 11/23/2015 11/23/2015 2015-Ohio-4819
State v. Dominguez-Villalobos CA2015-01-003The trial court did not abuse its discretion for not granting appellant's motion for relief from bond forfeiture where appellant was deported upon his release, but returned to the United States for a year before the bond was forfeited and could have appeared in the Ohio court to request his bond and answer for the crimes with which he was charged. PiperPreble 11/23/2015 11/23/2015 2015-Ohio-4820
Settlers Walk Home Owners Assn. v. Phoenix Settlers Walk, Inc. CA2014-09-116, CA2014-09-117, CA2014-09-118Lien; Unpaid Assessments; Declaration; R.C. 5301.25(A); Failure to Object to Magistrate's Decision; Waiver; Civ.R. 53; As an issue of first impression, the trial court erred by finding a home owners association perfected an enforceable lien against the property that ran with the land by simply recording a declaration of covenants without ever recording a separate instrument notifying any potential bona fide purchaser that the home owners association had a lien on the property resulting from the unpaid assessments as required by R.C. 5301.25(A). Plaintiff-appellee/cross-appellant waived any argument regarding issues of late fees and lien priority by failing to file any objections to the magistrate's decision regarding these issues as required by Civ.R. 53.S. PowellWarren 11/23/2015 11/23/2015 2015-Ohio-4821
Partin v. Morrison CA2015-01-003Domestic violence civil protection order; R.C. 3113.31; no testimony or evidence presented at hearing that petitioner feared imminent serious physical harm from respondent or was suffering from mental distress; grounds specifically relied upon by trial court in issuing civil protection order not supported by the testimony at the hearing.M. PowellBrown 11/16/2015 11/18/2015 2015-Ohio-4740
Hacker v. House CA2014-11-230Adverse Possession; Prescriptive Easement; Continuous Possession; Continuous Use; Manifest Weight of the Evidence; Amend Complaint; Civ.R. 15(B); Abuse of Discretion; The trial court's decision denying appellants' claims alleging adverse possession and prescriptive easement was not against the manifest weight of the evidence where appellants failed to prove they continuously possessed and use the disputed property, but rather, merely possessed and used the disputed property sporadically with significant prolonged interruptions spanning many months or even years. The trial court also did not abuse its discretion by denying appellants' request to amend their complaint at trial to include an additional claim regarding a noncontiguous triangular portion of property not originally pled as part of their complaint.S. PowellButler 11/16/2015 11/18/2015 2015-Ohio-4741