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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Eagle's View Professional Park Condominium Unit Owners Assn., Inc. v. EVPP, L.L.C. CA2014-06-134Foreclosure action; private auction in lieu of sheriff's sale, contempt; attorney fees; final appealable order; App.R. 16; res judicata.HendricksonButler 5/18/2015 5/20/2015 2015-Ohio-1929
Brown v. Brown CA2014-09-184CHILD SUPPORT; DOWNWARD DEVIATION; BEST INTEREST OF THE CHILD; R.C. 3119.22; R.C. 3119.23; The trial court did not err by modifying appellant's monthly child support obligation to exclude the previously awarded downward deviation where appellant's income was double that of appellee, nor any evidence that appellee received assistance in her living expenses from her fiancé. In addition, although there was evidence that appellant made in-kind contributions to the children, these voluntary contributions did not necessitate the continuation of the downward deviation.PowellButler 5/18/2015 5/20/2015 2015-Ohio-1930
State v. Mason CA2014-10-217R.C. 2929.11; R.C. 2929.12; Purposes and Principles; Seriousness and Recidivism.RinglandButler 5/18/2015 5/20/2015 2015-Ohio-1931
Richards v. Newberry CA2014-08-061forcible entry and detainer action; unjust enrichment counterclaim; judgment in favor of former tenant; plain error and abuse of discretion standards of review; Civ.R. 15(B); counterclaim regarding repairs made by tenant following the 2012 tornado that struck Moscow, Ohio. PowellClermont 5/18/2015 5/20/2015 2015-Ohio-1932
State v. Sturgill CA2014-09-066WITHDRAW GUILTY PLEA; MANIFEST INJUSTICE; WAIVER; COERCED PLEA; ABUSE OF DISCRETION; Appellant waived his claims alleging ineffective assistance of counsel in that he failed to raise a specific argument in support of his ineffective assistance of counsel claim as part of his post-sentence motion to withdraw his guilty plea. However, even if appellant had not waived these arguments, appellant failed to demonstrate a manifest injustice occurred requiring the withdraw of his guilty plea. In addition, the trial court did not err by denying appellant's pro se post-sentence motion to withdraw his guilty plea as there was no evidence he was coerced into pleading guilty by improper police tactics, prosecutorial misconduct, or through undue pressure exhibited by his trial counsel.PowellClermont 5/18/2015 5/20/2015 2015-Ohio-1933
State v. Lee CA2014-03-076Misdemeanor and felony sentencing; R.C. 2929.41; violation of community control; R.C. 2929.25(D); consecutive sentencing; R.C. 2929.14(C)(4).M. PowellButler 5/11/2015 5/11/2015 2015-Ohio-1760
State v. Ashdown CA2014-05-104Ineffective Assistance of Counsel; Competence to Stand Trial; R.C. 2945.37; R.C. 2945.371; Knowing, Intelligent, Voluntary Waiver of Right to Counsel; Substantial Compliance with Crim.R. 44(A); Manifest Weight of the Evidence; Aggravated Robbery; R.C. 2911.01.HendricksonButler 5/11/2015 5/11/2015 2015-Ohio-1761
In re D.T.L.M. CA2014-06-142, CA2014-07-160Delinquency; Not Guilty by Reason of Insanity; Competency.RinglandButler 5/11/2015 5/11/2015 2015-Ohio-1762
In re S.H. CA2014-12-259, CA2015-01-008Permanent Custody; R.C. 2151.414(D)(1); Best Interest of Child; Clear and Convincing Evidence; Manifest Weight of the Evidence; Guardian ad litem; No Objection to Magistrate's Decision; Waived; The juvenile court's decision finding it was in a child's best interest to grant permanent custody of the child to a children services agency was supported by clear and convincing evidence and was not against the manifest weight of the evidence where the child's father had not seen his daughter in several years and where the child's mother was an admitted heroin addict who failed to complete her required case plan services and did not have stable housing or income. Furthermore, the child's mother waived claim that juvenile court erred by failing to inquire as to whether her daughter's wishes differed from that of the child's guardian ad litem by failing to raise it as an objection to the magistrate's decision and made no request to the juvenile court to appoint separate counsel for the child.S. PowellButler 5/11/2015 5/11/2015 2015-Ohio-1763
In re H.G. CA2014-11-014R.C. 2151.415; Temporary Custody; Motion to Extend; No Abuse of Discretion; R.C. 2151.414; Permanent Custody; Best Interest of Child; Clear and Convincing Evidence; Reasonable Efforts to Reunify.M. PowellClinton 5/11/2015 5/11/2015 2015-Ohio-1764