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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Billman v. Smith 19CA18CIVIL-HABEAS CORPUS-R.C. 2969.25(A)-JURISDICTION-PROCEDURAL DEFECT - The failure to comply with the provisions of R.C. 2969.25 requires the dismissal of an action in habeas corpus. R.C. 2969.25's filing requirements apply to the filing of appeals as well as the filing of petitions at the trial court level and the failure to file an affidavit that contains a description of each civil action or appeal the inmate has filed in the previous five years, in support of an appeal, creates a procedural defect that requires dismissal of the appeal. Although the appeal was procedurally defective, the trial court properly dismissed the petition on substantive grounds below, albeit for incorrect reasons, where 1) the petitioner had an adequate remedy at law by virtue of his filing of a delayed appeal to the Supreme Court of Ohio, and 2) the petitioner's substantive claims concerning the sufficiency of the evidence and challenges to the indictment were not cognizable in habeas corpus.SmithPickaway 4/3/2020 4/8/2020 2020-Ohio-1358
State v. McCoy 19CA1Kidnapping–conviction not against the manifest weight of the evidence when witness testified that defendant zip tied six-year-old victim’s hands and feet and sometimes used zip ties to secure victim to a mattress while she slept; jury could have determined that defendant restrained victim with purpose of terrorizing her or with purpose of inflicting serious physical harm; any error trial court made by allowing evidence surrounding later-occurring injuries did not warrant reversal under the plain error doctrine; trial counsel did not render ineffective assistance of counsel by failing to object to evidence surrounding later-occurring injuries.AbelePickaway 3/18/2020 3/24/2020 2020-Ohio-1083
In re K.Z. 19CA22; 19CA23; 19CA24; 19CA25; 19CA26; 19CA27PERMANENT CUSTODY-MANIFEST WEIGHT - Trial court's award of permanent custody was not against the manifest weight of the evidence where the biological parents failed to timely comply with the case plan and even though they had found a home and employment just prior to trial the trial court had no obligation to experiment with the children's welfare and test whether the parents would be able to maintain their current home and whether the mother had adequately resolved her substance abuse and mental health issues.SmithPickaway 3/13/2020 3/17/2020 2020-Ohio-1013
State v. Blackburn 18CA3Ineffective assistance of counsel–trial counsel did not render ineffective assistance of counsel by failing to object to evidence that was largely cumulative to other evidence and that did not impact the jury’s verdict; trial counsel ineffective for failing to object to jury instruction that misstated element of offense; merger analysis premature when remand for sentencing on merged offense ordered.AbeleJackson 3/11/2020 3/24/2020 2020-Ohio-1084
State v. Mitchem 19CA10 & 19CA11CRIMINAL-RES JUDICATA - Trial court's denial of appellant's motion to vacate or set aside his conviction or sentence under R.C. 2953.21 and his motion to withdraw his guilty plea was proper, where appellant's claims are barred by res judicata and appellant has shown no manifest injustice or constitutional violation requiring withdrawal of his guilty plea.SmithJackson 3/10/2020 3/23/2020 2020-Ohio-1080
State v. Lask 19CA1101motion to suppress; traffic stop; reasonable suspicion; exclusionary rule; pretext; warrantHessAdams 3/6/2020 3/19/2020 2020-Ohio-1037
State v. Tolle 19CA1095Conviction supported by sufficient evidence and the manifest weight of the evidence; evidence adduced at trial did not support a jury instruction for self-defense; the admission of certain evidence did not violate Evid.R. 403 or Evid.R. 404.AbeleAdams 3/5/2020 3/12/2020 2020-Ohio-935
In re Adoption of F.L.S. 19CA9Trial court’s decision that appellant failed without justifiable cause to have more than de minimis contact with the minor for a period of at least one year immediately preceding the filing of the adoption petition is not against the manifest weight of the evidence.AbeleHocking 3/5/2020 3/12/2020 2020-Ohio-936
Videkovich Farmland of Ohio, L.L.C. v. Woolever Family, L.L.C. 19CA9partition; R.C. 5307.25; attorney fees; common benefit; survey feeHessPickaway 3/2/2020 3/4/2020 2020-Ohio-792
Miller Land Co., Inc. v. McCaleb 19CA898summary judgment; prescriptive easement; affidavit; personal knowledgeHessPike 2/27/2020 3/4/2020 2020-Ohio-794