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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Davis 26399The trial court did not err in overruling Appellant's Crim.R. 29 motion for acquittal, and Appellant's menacing conviction is not against the manifest weight of the evidence. Judgment of the trial court is remanded with instructions to correct clerical errors in the "Indirect Sentencing Entry." Judgment affirmed in all other respects.DonovanMontgomery 7/24/2015 7/24/2015 2015-Ohio-2965
State v. Harwell 25852Appellant did not receive ineffective assistance of trial counsel and the indictment, jury instructions, and jury verdict forms were not defective. The trial court did not err in ordering Appellant to pay restitution, as the court considered Appellant's present and future ability to pay. Additionally, Appellant's multiple convictions for felony murder, kidnapping, and felonious assault were not against the manifest weight of the evidence and were necessarily supported by sufficient evidence. However, Appellant's convictions for attempted felony murder must be vacated because attempted felony murder is not a cognizable crime in Ohio. Judgment affirmed in part, vacated in part, and remanded for the limited purpose of resentencing.WelbaumMontgomery 7/24/2015 7/24/2015 2015-Ohio-2966
Johnson v. Greene Cty. Sanit. Eng. 2014-CA-47County's sanitary engineering department asserted its immunity in the establishment of policies related to the provision of water and sewer services. Property owner failed to establish an exception to that immunity, based on contractual liability or performance of a proprietary function. Trial court erred in denying department's motion for summary judgment on the question of political subdivision immunity. Judgment reversed and remanded.FroelichGreene 7/24/2015 7/24/2015 2015-Ohio-2967
State v. Malott 26420Appellant's conviction for domestic violence was not against the manifest weight of the evidence, as the testimony and evidence presented at trial did not weight heavily against the trial court's decision to reject Appellant's claim of self-defense. Affirmed.WelbaumMontgomery 7/24/2015 7/24/2015 2015-Ohio-2968
In re N.C. 26611The trial court reasonably concluded, by clear and convincing evidence, that it was in the children's best interest to grant permanent custody to Children Services. Judgment affirmed.FroelichMontgomery 7/24/2015 7/24/2015 2015-Ohio-2969
R.W. Earhart Co. v. Dick Lavy Trucking, Inc. 2014-CA-35Trial court did not err when it granted appellee's motion for summary judgment. The evidence submitted by appellee in support of its motion for summary judgment established that appellant both ordered and subsequently received a shipment of "on-road" diesel fuel from appellee on November 19, 2011. Trial court did not improperly weigh the credibility of appellee's witnesses when it granted summary judgment. Trial court properly disregarded affidavit of appellant's witness because it contradicted the witness' former deposition testimony, and therefore, failed to create a genuine issue of material fact. Judgment affirmed.DonovanMiami 7/24/2015 7/24/2015 2015-Ohio-2970
State v. Stevens 26328This court does not have jurisdiction to review Appellant's assignments of error because they concern a judgment of the trial court that was not designated in Appellant's notice of appeal. Even if this court had jurisdiction, both of Appellant's assignments of error are barred by res judicata because they could have been raised in Appellant's prior direct appeal. Affirmed.WelbaumMontgomery 7/24/2015 7/24/2015 2015-Ohio-2971
Trick v. Scherker 26461Subpoenas issued in personal injury action did not comply with Civ.R. 45(B), because the party issuing the subpoenas, which requested the production of documents or an appearance to testify, failed to tender the fees due when attendance from out-of-county is required. However, the trial court exercises broad discretion in discovery matters, and Civ.R. 45 did not require the trial court to quash the subpoena in its entirety. Trial court reasonably concluded that subpoena should be modified and enforced to the extent that it requested the production of documents, but not enforced with respect to its demand for the appearance and testimony of the recipients of the subpoenas. Judgment affirmed.FroelichMontgomery 7/24/2015 7/24/2015 2015-Ohio-2972
State v. Graham 26468State concedes error, pursuant to the law of the case doctrine, since the trial court altered an award of restitution upon a remand which was limited to the issue of the imposition of consecutive sentences. Judgment reversed and remanded.DonovanMontgomery 7/17/2015 7/17/2015 2015-Ohio-2875
State v. Isa 2014-CA-31Trial court properly denied defendant's motion for resentencing. The trial court's alleged failure to provide the notice required by R.C. 2947.23 did not render the sentence or the imposition of court costs void. Having failed to challenge the imposition of court costs on direct appeal, defendant's motion was barred by res judicata. Judgment affirmed. FroelichChampaign 7/17/2015 7/17/2015 2015-Ohio-2876
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