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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Menton v. Sloan 2017-A-0021EXTRAORDINARY WRITS - habeas corpus; due to petitioner's failure to identify his prior habeas filing, his petition is defective; petition is also defective because petitioner failed to attach a complete copy of his sentencing entry to his petition; petitioner's allegation that court lacked subject-matter jurisdiction fails because claims of prosecutorial misconduct, perjured testimony, and an invalid indictment are not cognizable in habeas corpus because they could have been raised on direct appeal.Per CuriamAshtabula 9/18/2017 9/18/2017 2017-Ohio-7661
Bracha Found. v. Warren Steel Holdings, L.L.C. 2015-T-0121CORPORATIONS - Internal affairs doctrine; laws of state of incorporation control; relationship of corporation to its shareholders; claims based upon conduct occurring outside Ohio; shareholder-based claims; direct or derivative; dispute between foreign shareholders in foreign corporation; interest of Ohio in litigation; not predominate; British Virgin Islands' law; procedure for bringing shareholder derivative claims.WrightTrumbull 9/11/2017 9/11/2017 2017-Ohio-7557
State v Thomason 2016-A-0027CRIMINAL LAW - aggravated possession of drugs; illegal assembly or possession of chemicals for manufacture of drugs; ineffective assistance of counsel; failure to file motion to suppress; exigent circumstances; R.C. 2933.33(A); odor of methamphetamine; counsel not ineffective; sufficient evidence; manifest weight of the evidence; substance must contain methamphetamine; precursor contained some amount of methamphetamine; constructive possession; sufficient, credible evidence supported conviction.RiceAshtabula 9/5/2017 9/5/2017 2017-Ohio-7447
Hynd v. Roesch 2016-A-0065DOMESTIC RELATIONS - mother's motion to modify parenting time denied; father's motion to modify parental rights and responsibilities granted; parenting time; R.C. 3109.051(D); no abuse of discretion; medical decision making; R.C.3109.04(E)(1)(a); change of circumstances; finding must be made by trial courtRiceAshtabula 9/5/2017 9/5/2017 2017-Ohio-7448
Dodeka, L.L.C. v. Keith 2016-P-0043CONSUMER PROTECTION - action on credit card debt; counterclaim; improper request for attorney fees; choice-of law provision in credit card agreement; no prior determination that agreement was binding upon defendant; provision unenforceable until determination made; consumer's actual use of credit card; acceptance of agreement.WrightPortage 9/5/2017 9/5/2017 2017-Ohio-7449
In re L.L.S. 2016-P-0068JUVENILE - legal custody; magistrate's decision; abuse of discretion; best interests of the children; minor children were removed from Mother's care, custody, and control; methamphetamine lab in the garage of their residence; unsafe, unstable, and harmful environment; GAL reports and recommendations; oral motion to appoint new, separate counsel; R.C. 2151.281(H); Juv.R. 4(C); dual appointment existed; no conflict of interest.RicePortage 9/5/2017 9/5/2017 2017-Ohio-7450
In re L.M.L. 2016-P-0069JUVENILE - legal custody; magistrate's decision; abuse of discretion; best interests of the children; minor children were removed from Mother's care, custody, and control; methamphetamine lab in the garage of their residence; unsafe, unstable, and harmful environment; GAL reports and recommendations; oral motion to appoint new, separate counsel; R.C. 2151.281(H); Juv.R. 4(C); dual appointment existed; no conflict of interest regarding L.M.L. O'ToolePortage 9/5/2017 9/5/2017 2017-Ohio-7451
State v. Mayernik 2016-T-0102CRIMINAL LAW - possession of drugs; motion to suppress; traffic stop; passenger; avoiding eye contact; overly nervous; investigative questioning; suboxone; Miranda; issue forfeited, but for plain error; not in custody; no plain error.RiceTrumbull 9/5/2017 9/5/2017 2017-Ohio-7452
State v. Martin 2016-T-0103, 2016-T-0104CRIMINAL LAW - speedy trial; strictly construed against the state;entry on journal; sua sponte; without discussion of reasons; contrary to law; speedy trial time elapsed upon date defense counsel filed motion for reconsideration.RiceTrumbull 9/5/2017 9/5/2017 2017-Ohio-7453
In re B.T. 2017-A-0025TERMINATION PARENTAL RIGHTS - two-pronged analysis; clear and convincing evidence; children cannot be placed with either parent within a reasonable time; R.C. 2151.414(E)(1) and (4); mother failed to remedy conditions causing removal of children from the home; unwillingness to provide a permanent home; custody to the board is in the best interest of the children.WrightAshtabula 9/5/2017 9/5/2017 2017-Ohio-7454
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