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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
In re A.D. E-16-059, E-16-060, E-16-061The trial court did not abuse its discretion in awarding legal custody of minor children to non-family foster parents.PietrykowskiErie 7/21/2017 7/21/2017 2017-Ohio-6913
State v. Doogs WD-15-073, WD-16-027Admission of a statement of a deceased declarant does not violate the Confrontation Clause where the statement is not testimonial in nature. The statement is admissible under the excited utterance hearsay exception where the declarant was in a state of disbelief and disgust, was wide eyed, had his voice raised, and was waiving his arms. Trial court did not err denying postconviction relief without hearing where appellant did not demonstrate prejudice from counsel's allegedly unreasonable representation.PietrykowskiWood 7/21/2017 7/21/2017 2017-Ohio-6914
State v. Holgate L-16-1277In an Anders appeal from a guilty plea to rape, the trial court properly denied appellant's request for new counsel and his presentence motion to withdraw his plea. Crim.R. 11(C); change of heart; ineffective assistance of counsel.PietrykowskiLucas 7/21/2017 7/21/2017 2017-Ohio-6915
State ex rel. Marcum v. Florence Twp. E-16-029Subsequent action in mandamus for the alleged taking of property is barred by res judicata where the same transaction and occurrence was litigated to a final judgment in a prior action even though some of the claims in the prior action were dismissed without prejudice.OsowikErie 7/21/2017 7/21/2017 2017-Ohio-6916
N.E. v. J.E. WD-17-002Juvenile court properly retained mother's status as the residential parent where father failed to demonstrate that the harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child, as required under R.C. 3109.04(E)(1)(a)(iii). The court did not abuse its discretion in modifying father's visitation in light of a change of circumstances in which the child would be entering compulsory school attendance.JensenWood 7/21/2017 7/21/2017 2017-Ohio-6917
Smith v. Strong L-17-1058Trial court erred in finding that appellant's supplemental objections were untimely, but the error was harmless because the court considered and ruled on the issues raised in the supplemental objections. Issuing a domestic violence civil protection order was not against the manifest weight of the evidence. Judgment affirmed.MayleLucas 7/21/2017 7/21/2017 2017-Ohio-6918
Smith v. Smith OT-16-014The trial court did not err in appellant's contempt sentencing.OsowikOttawa 7/21/2017 7/21/2017 2017-Ohio-6919
State v. Utley L-16-1024, L-16-1025, L-16-1026Anders appeal. Appellant's plea is knowing, intelligent, and voluntary where the trial court fully complies with Crim.R. 11(C) during its plea colloquy. Appellant is precluded from challenging his agreed-upon sentence on appeal where the sentence complies with all mandatory sentencing provisions.PietrykowskiLucas 7/21/2017 7/21/2017 2017-Ohio-6920
Toledo v. Wyley L-16-1235Trial court failed to inform defendant of the effect of his plea of no contest before accepting his plea, thereby violating Crim.R. 11(E). Defendant is entitled to withdraw his plea on remand.MayleLucas 7/21/2017 7/21/2017 2017-Ohio-6921
E.G. Licata, L.L.C. v. E.G.L., Inc. L-16-1244, L-16-1245Trial court did not err in finding appellant in contempt of court. Judgment affirmed.OsowikLucas 7/14/2017 7/17/2017 2017-Ohio-5840