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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Kinney 18 BE 0011affirming aggravated murder after jury trial and overruling issues presented on: the sufficiency and the weight of the evidence on the element of prior calculation and design; the lack of Miranda warnings during the police interview until after he admitted and demonstrated the shooting; the voluntariness of his statement to police; the admissibility of a recorded spousal conversation; the denial of access to the grand jury transcript; the failure to excuse two venire members for cause; whether a jury instruction suggested the jury had to unanimously acquit him of aggravated murder before considering the lesser charge of murder; the refusal to instruct on voluntary manslaughter; and the reviewability of the sentence of life without parole.RobbBelmont 6/28/2019 7/2/2019 2019-Ohio-2704
Credit Acceptance Corp. v. Koher 18 BE 0040contract; breach of contract; summary judgment; de novo; service; certified mail.DonofrioBelmont 6/28/2019 7/2/2019 2019-Ohio-2727
State v. Brown 18 CO 0025Pre-sentence motion to withdraw guilty plea; post-sentence motion to withdraw guilty plea; successive motions to withdraw a guilty plea; res judicata.WaiteColumbiana 6/28/2019 7/2/2019 2019-Ohio-2717
Shrock v. Mullet 18 JE 0018parents sold 80 acres of land to daughter and husband under oral agreement; buyers to obtain survey for deed preparation but did not do so; this was not a condition precedent to the contract but was merely a condition for obtaining legal title (to support the equitable title that passed when consideration and possession were exchanged); the buyers’ delay was not unreasonable by the time the sellers repudiated and made the buyers’ performance futile by signing lease over property and keeping signing bonus; caption of order not dispositive; surviving seller-lessor jointly and severally liable.RobbJefferson 6/28/2019 7/2/2019 2019-Ohio-2707
State v. Bishop 18 JE 0005Consideration of R.C. 2929.12(B) factors does not give rise to a disproportionate sentence; R.C. 2929.14(C)(4).WaiteJefferson 6/28/2019 7/2/2019 2019-Ohio-2720
In re J.L.C. 18 JE 0026Modification of parenting time; 3109.051(D)(1)-(16); abuse of discretion; R.C. 3109.051(D); findings of fact and conclusions of law; best interest of the child.WaiteJefferson 6/28/2019 7/2/2019 2019-Ohio-2721
State v. Baker 18 MA 0027Double jeopardy; issue preclusion; the state may retry a defendant under a theory of complicity after the jury acquitted her as the principal offender so long as retrial does not relitigate a fact already decided by the jury.WaiteMahoning 6/28/2019 7/2/2019 2019-Ohio-2722
State v. Kinney 18 MO 0013Aggravated vehicular homicide; R.C. 2903.06(A)(1)(a); OVI; R.C. 4511.19(A)(1)(a); R.C. 4511.19(A)(1)(h), resentencing; State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231; proportionality and consistency; postrelease control, State v. Grimes, 151 Ohio St.3d 19, 2017-Ohio-2927, 85 N.E.3d 700.WaiteMonroe 6/28/2019 7/2/2019 2019-Ohio-2726
Pabin v. Eberle 18 MO 0008; 18 MO 0009oil and gas; reservation; dormant mineral act; default judgment; award different in kind; summary judgment; intervention as of right; abuse of discretion; merger.DonofrioMonroe 6/28/2019 7/2/2019 2019-Ohio-2728
Total Office Solutions, Inc. v. Grimstad 18 CO 0014CIVIL – unjust enrichment; benefit; judgment; third party.D'ApolitoColumbiana 6/27/2019 7/1/2019 2019-Ohio-2638