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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Straw 2009-P-0039CRIMINAL LAW -- SENTENCING -- failure to prosecute; appeal dismissed; reinstated; plain error; consecutive sentences; R.C. 2929.14(C)(4); H.B. 86; factual findings; State v. Foster; retroactive; constitutional; Oregon v. Ice.CannonPortage 3/23/2015 3/23/2015 2015-Ohio-1059
State ex rel. Dewine v. Deer Lake Mobile Park 2013-G-3156ENVIRONMENTAL LAW - water quality; Clean Water Act; Discharge Permits; according to the Ohio EPA's interpretation of its rules, in order to remove a service connection for purposes of not being a public water system, the service connection must be severed at the water main, not by capping the pipe at another location; EPA's interpretation of "service connection." including the undefined process of severing a service connection as it relates to a public water system, is not unreasonable and must stand; EPA's interpretation is supported by manifest weight of evidence; assessing an environmental civil penalty is within the trial court's discretion as long as the amount assessed is less than the statutory maximum; individual may be held to be personally liable for civil penalty based on his duties, actions and omissions as the manager/operator of public water system and sewage facilities.RiceGeauga 3/23/2015 3/23/2015 2015-Ohio-1060
State v. Dinardo 2013-L-108CRIMINAL PROCEDURE - where appellant claims due process violation resulting from state's destruction of recording of 911 call, unless appellant made an immediate, specific request to preserve the recording, the appellant has burden to demonstrate the recording was exculpatory; appellant failed to prove recording was exculpatory where substance of the 911 call was included in a written report that was admitted in evidence; where there was no request to preserve the recording and it was destroyed pursuant to dispatcher policy, there was no evidence of bad faith in the destruction of the recording and appellant's due process rights were not violated CRIMINAL LAW - improper handling of firearm in motor vehicle; fact that appellant had to prove he was not in violation of separate crime involving improper handling of firearm to be entitled to statutory affirmative defense to improper handling of firearm in motor vehicle does not implicate due process because he was not charged with that separate offense.RiceLake 3/23/2015 3/23/2015 2015-Ohio-1061
Benko v. Smyk 2013-L-133CIVIL - summary judgment; Civ.R. 56(C); actual fraud; misrepresentation; pleading with particularity; Civ.R. 9(B); cross-assignment of error; reasonable reliance; breach of contract; sale "as is"GrendellLake 3/23/2015 3/23/2015 2015-Ohio-1062
State v. Smith 2013-T-0071CRIMINAL LAW - R.C. 2941.45; merger for purposes of sentencing; allied offenses of similar import; burglary; receiving stolen property; offenses committed with separate conduct.WrightTrumbull 3/23/2015 3/23/2015 2015-Ohio-1063
State v. Lowe 2014-A-0010CRIMINAL LAW - SEARCH & SEIZURE - warrantless search in private home is per se unreasonable in absence of exigent circumstances; hot pursuit of fleeing suspect is among the recognized situations in which exigent circumstances exist; hot pursuit means some sort of chase; claim of hot pursuit is unconvincing where there was no immediate or continuous pursuit of suspect from the scene of crime; there was no immediate or continuous pursuit of the suspect (hot pursuit) where officers paused their pursuit and directed their attention elsewhere by searching the area for the suspect, radioing for backup, and sending a third party into the suspect's home to try to convince suspect to come outside.RiceAshtabula 3/23/2015 3/23/2015 2015-Ohio-1064
State v. Lowe 2014-A-0011CRIMINAL LAW - SEARCH & SEIZURE - motion to suppress; resisting arrest; lawful arrest; Fourth Amendment; warrantless; home arrest; porch; living area; enclosed; exigent circumstances; hot pursuit.CannonAshtabula 3/23/2015 3/23/2015 2015-Ohio-1065
State v. Young 2014-G-3194CRIMINAL LAW - rape; plea of guilty; North Carolina v. Alford; Anders; Crim.R. 11; appellant knowingly and voluntarily entered plea; post-release control; notice; Tier III sexual offender Alford plea sufficient.RiceGeauga 3/23/2015 3/23/2015 2015-Ohio-1066
State v. Locke 2014-L-053CRIMINAL - trafficking; R.C. 2925.03; possession; R.C. 2925.11; failure to comply; R.C. 2921.331; tampering with evidence; R.C. 2921.12; manifest weight of the evidence; sufficiency of the evidence; identity of confidential informant; Crim.R. 16(D); harmless error; Crim.R. 52(A); authentication; Evid.R. 901; hearsay; allied offenses; R.C. 2941.25; felony sentencing; maximum sentence; R.C. 2929.11; R.C. 2929.12; consecutive sentencing; R.C. 2929.14(C)(4); R.C. 2953.08(G); Sixth Amendment; ineffective assistance of counsel; competency; R.C. 2945.37(G); competency evaulation; R.C. 2945.371; restraints during trial; curative instructionGrendellLake 3/23/2015 3/23/2015 2015-Ohio-1067
Mentor v. Eichels 2014-L-097CIVIL - condemnation proceedings; R.C. 3767.41(A)(1); presumption of regularity; App.R. 9(B)(1); Fourth Amendment; warrant requirement/probable cause; civil discovery; Civ.R. 34; Fifth and Fourteenth Amendments; takings clauseGrendellLake 3/23/2015 3/23/2015 2015-Ohio-1068