Ohio Supreme Court
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- Roberts v. Erie Ins. Group, (Ohio 2014)
On remand from the Ohio Supreme Court, Roberts v. Erie Ins. Group, 136 Ohio St.3d 1469, 2013-Ohio-3790, 993 N.E.2d 774, reversing and remanding our judgment in Roberts v. Erie Ins. Group, 2d Dist. Greene No. 2012 CA 46, 2013-Ohio-718, we consider evidentiary arguments that were not addressed in our prior Opinion. Plaintiffs argument that she was prejudiced by the trial courts improper admission of an exhibit which summarized unauthenticated medical expenses is without merit. Even assuming that the documents were hearsay, were unauthenticated, and that the reasonableness of the expenses was not established by expert testimony, the exhibits did not suggest that plaintiff had not incurred any medical expenses. Judgment affirmed.
- State v. Slaughter, (Ohio 2014)
The trial court did not err in failing to include its consecutive-sentence findings in the sentencing entry, as Ohio law does not require such findings to be stated in the entry. In addition, the fact that Appellants felony murder conviction is based on the predicate offense of felonious assault does not render the conviction unconstitutional under Ohio law. As a further matter, it was not an abuse of discretion for the trial court to permit the State to cross-examine the Appellants girlfriend as a witness of the court, because she did not want to testify against the Appellant, her testimony was beneficial to ascertaining the truth of the matter, and there was an indication that her testimony would contradict her prior statements to police. Defense counsel was also not ineffective ...
- State v. Yao, (Ohio 2014)
The judgment entry from which the appellant has appealed does not in fact enter a judgment. It contains no disposition of the minor misdemeanor charge at issue. Absent a guilty plea or a finding of guilt, no final judgment exists. We note further that there is no authority to order restitution for this minor misdemeanor. Appeal dismissed.
- Sugarcreek Twp. v. Centerville, (Ohio 2014)
Contrary to appellant-cross appellee Sugarcreek Townships argument, we see no justiciable controversy in this declaratory judgment action regarding whether appellee-cross appellant City of Centerville may enact a tax-increment financing plan or TIF exempting more than 75 percent of the value of improvements to annexed land for a period exceeding ten years. The Ohio Supreme Court had no occasion to resolve that issue in Sugarcreek Twp. v. Centerville, 133 Ohio St.3d 467, 2012-Ohio-4649, 979 N.E.2d 261 (Sugarcreek III), and the trial court did not decide it on remand below. The trial court erred, however, insofar as it relied on this courts opinion in Sugarcreek Twp. v. Centerville, 184 Ohio App.3d 480, 2009-Ohio-4794, 921 N.E.2d 655 (Sugarcreek I) to declare that Centerville can...
- Artz v. Elizabeth Twp., (Ohio 2014)
The trial court properly dismissed count one of Appellants complaint for declaratory judgment since Appellants animal crematorium is not an agricultural use exempt from the Zoning Authority of Elizabeth Township. Judgment affirmed.
- State v. Clark, (Ohio 2014)
Sufficient evidence was adduced at trial to sustain appellants conviction for one count of sexual imposition. Trial court did not err when it sustained the States objections and limited the cross-examination of the police detective. Defense counsel was properly prevented from asking the detective his opinion of the definition of sexual contact. Appellant did not receive ineffective assistance of counsel when his counsel failed to file a motion to suppress. A substantial amount of testimony from other witnesses existed which corroborated the victims testimony, and absent appellants statements to the police, we cannot say that there is a reasonable probability that he would have been acquitted. Judgment affirmed.
- Parallel Homes, L.L.C. v. Stephens, (Ohio 2014)
PROCEDURE/RULES: In an action for eviction and money damages filed by a landlord, the trial court erred in granting judgment to the tenant on the tenants pro se counterclaim for property damage where the tenant failed to include a certificate of service on the landlords attorney of record as required by Civ.R. 5.
- State v. Coleman, (Ohio 2014)
The appellants aggravated robbery and vandalism convictions are based on legally sufficient evidence and are not against the manifest weight of the evidence. The trial court did not err in finding that the appellant had failed to overcome the statutory presumption of competence to stand trial. The record does not portray ineffective assistance of trial counsel. Judgment affirmed.
- Said v. Admr., Bur. of Workers' Comp., (Ohio 2014)
JURISDICTION/VENUE PROCEDURE/RULES: The trial court did not have jurisdiction to enforce a settlement agreement where the court had unconditionally dismissed the action and the entry of dismissal did not contain the terms of the settlement agreement or specifically retain jurisdiction to enforce the settlement agreement. (Lamp v. Goettle, Inc., 1st Dist. Hamilton No. C-040461, 2005-Ohio-1877, followed.) The trial court erred in granting the plaintiffs Civ.R. 60(B) motion for relief from the judgment entry of dismissal because his argument that there was no meeting of the minds on the settlement agreement did not fall within any of the grounds for relief in Civ.R. 60(B)(1) through (4), and he did not show the exceptional circumstances necessary to afford relief from judgment unde...
- State v. Grissom, (Ohio 2014)
Appellants convictions for felonious assault, discharging a weapon on or near a prohibited premises, and having a weapon while under disability were supported by the record and are not against the manifest weight of the evidence. As a result, the record also contains sufficient evidence to support each of Appellants convictions, and the trial court did not err in overruling Appellants motion for acquittal. In addition, the trial court did not abuse its discretion in providing the jury with a flight instruction, as there was sufficient evidence indicating that Appellant fled the scene after committing a felonious assault. Finally, the trial court did not err in failing to merge Appellants convictions for felonious assault and having a weapon while under disability, because the off...
- Bell v. Nichols, (Ohio 2013)
Judgment affirmed. Trial court did not err in adopting magistrate's decision and finding that plaintiffs engaged in frivolous conduct under R.C. 2323.51 by filing an action which was an improper collateral attack and clearly barred by res judicata. The magistrate did not err in quashing several...
- State v. Jones (Slip Opinion), Slip Opinion No. 2012-Ohio-5677
- Lawarre v. Fifth Third Secs., Inc., (Ohio 2012)
BROKERS CONTRACTS NEGLIGENCE TORT MISCELLANEOUS: A broker or financial advisor has a fiduciary relationship with his clients. The trial court did not err in granting summary judgment in favor of a securities firm on the firms former clients claims for negligence and breach of fiduciary...
- State v. Mason, (Ohio 2012)
- Wilson v. Kasich (Slip Opinion), Slip Opinion No. 2012-Ohio-5367
ApportionmentThe Ohio Constitution does not mandate political neutrality in the reapportionment of house and senate districtsPartisan considerations cannot prevail over the nonpartisan requirements set forth in Article XIOne challenging the constitutionality of an apportionment plan must...
- State v. Lang (Slip Opinion), Slip Opinion No. 2011-Ohio-4215
Criminal law Aggravated murder Death penalty upheld....
- State v. Jackson, (Ohio 2012)
Motion to suppress/lab results/manifest...
- Cameron v. Cameron, (Ohio 2012)
Where the trial courts unambiguous divorce decree allocated the husbands retirement fund, the trial court did not abuse its discretion in subsequently adopting a DOPO that defendants expert submitted as effectuating the terms of that allocation in the trial courts unappealed divorce decree....
- State v. Noling (Slip Opinion), Slip Opinion No. 2013-Ohio-1764
Criminal lawR.C. 2953.73Postconviction DNA testingAppellate jurisdictionR.C. 2953.73(E)(1), which grants exclusive jurisdiction to the Supreme Court of Ohio to review rejections of applications for DNA testing in cases in which the death penalty is imposed, is constitutionalBefore dismissing a ...
- State v. Short (Slip Opinion), Slip Opinion No. 2011-Ohio-3641
Criminal law Aggravated murder Death penalty upheld....