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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Ransom v. Aldi, Inc. 27425The trial court did not abuse its discretion in dismissing Appellant's personal injury action with prejudice pursuant to Civ.R. 37(B)(1)(e) and Civ.R. 41(B)(1). Appellant, who appeared pro se, continually failed to cooperate with discovery and failed to comply with the trial court's discovery orders after being given multiple warnings that her failure to comply would result in the dismissal of her case with prejudice. Affirmed.WelbaumMontgomery 7/28/2017 7/28/2017 2017-Ohio-6993
State v. Barker 27252Trial court did not err in denying motion to correct record, pursuant to Crim.R. 36 and App.R. 9(E). Crim.R. 36 was not appropriate where defendant did not allege clerical errors, and App.R. 9(E) did not apply where no appeal was pending. Even if the motion were construed as a petition for post-conviction relief, the trial court properly overruled the petition as untimely. Judgment affirmed.FroelichMontgomery 7/28/2017 7/28/2017 2017-Ohio-6994
State v. Gibson 2017-CA-7The prosecutor did not breach a plea agreement by remaining silent at sentencing rather than orally recommending community control for the appellant. The prosecutor recommended community control in the written plea agreement itself, and the terms of the agreement did not obligate the prosecutor to repeat that recommendation at sentencing. In addition, the appellant did not object to the prosecutor's silence at sentencing and cannot demonstrate plain error where the plea agreement was memorialized in the record and recited in the PSI report, which the trial court reviewed prior to sentencing. Finally, the appellant's 11-month prison sentence is not contrary to law. Judgment affirmed.HallGreene 7/28/2017 7/28/2017 2017-Ohio-6995
State v. Kidd 2016-CA-87The trial court did not abuse its discretion in overruling Appellant's petition for post-conviction relief without a hearing. All of the claims raised by Appellant in his petition are barred by res judicata. Judgment affirmed.WelbaumClark 7/28/2017 7/28/2017 2017-Ohio-6996
In re Estate of Kiefer 2016-CA-12The probate court did not err by declining to instruct the jury that a presumption of undue influence arises when a fiduciary or confidential relationship exists between the donor and donee. There is little evidence of a fiduciary relationship between the decedent and Appellee. And a marital relationship alone is not sufficient to raise the presumption. The probate court did not err by overruling Appellant's motion for a new trial based on juror misconduct. Appellant forfeited this error by failing to object to the probate court's handling of the matter. Judgment affirmed.HallMiami 7/28/2017 7/28/2017 2017-Ohio-6997
LexisNexis v. Moreau-Davila 27319The trial court did not err in overruling Appellant's motion to dismiss Appellee's breach of contract action for lack of personal jurisdiction because a valid forum selection clause provided the trial court with personal jurisdiction over Appellant. The trial court also did not err in granting summary judgment in favor of Appellee on its breach of contract claim because Appellant failed to show that a genuine issue of material of fact existed for trial. Judgment affirmed.WelbaumMontgomery 7/28/2017 7/28/2017 2017-Ohio-6998
State v. Nared 2017-CA-3Trial court failed to comply with Crim.R. 11(E) in taking defendant's guilty plea on a petty misdemeanor. Judgment reversed and remanded for further proceedings. FroelichClark 7/28/2017 7/28/2017 2017-Ohio-6999
State v. Quinn 2014-CA-44Defendant-appellant asserts the trial court erred by overruling challenges for cause directed at two prospective jurors with these rulings forcing him to exhaust his peremptory challenges. The trial court did not abuse its discretion when it overruled the challenges for cause. Judgment affirmed. (Hall, P.J., concurring; Froelich, J., dissenting.)TuckerClark 7/28/2017 7/28/2017 2017-Ohio-7000
State v. Reed 27215Anders appeal. No non-frivolous issues for appellate review. The record reflects that the appellant understood the nature of his domestic-violence offense and that it was a third-degree felony based on his two prior domestic-violence convictions. The appellant's 24-month prison sentence is proper as it is within the statutory range and was promised to the appellant in exchange for his guilty plea. Judgment affirmed.HallMontgomery 7/28/2017 7/28/2017 2017-Ohio-7001
State v. Byrd 27340The trial court erred in overruling Appellant's motion to suppress evidence obtained from a warrantless search of her residence. The police officers who searched her residence did not have a reasonable belief, based upon articulable facts and rational inferences from those facts, that other persons were in the home and that these persons posed a danger to the officers or needed assistance. Judgment reversed and remanded for further proceedings.WelbaumMontgomery 7/21/2017 7/21/2017 2017-Ohio-6903