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State v. Walker

⭐ 10 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2017-12-27πŸ‘¨β€βš–οΈ Mock, ZayasπŸ“– 2017 Ohio 9255

CONSTITUTIONAL LAW/CRIMINAL - MIRANDA: The trial court properly denied defendant's motion to suppress his statement to police on the basis that the waiver of his Miranda rights was involuntary because...

State v. Swazey

⭐ 10 cited
πŸ›οΈ OHIOπŸ“… 2023-12-22πŸ‘¨β€βš–οΈ Brunner, J.πŸ“– 174 Ohio St. 3d 534

Criminal lawβ€”Crim.R. 12(C)(2)β€”A trial court may consider facts beyond four corners of indictment to rule on merits of a defendant's pretrial motion to dismiss under Crim.R. 12(C)(2) when motion challe...

State v. Davis

⭐ 9 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-29πŸ‘¨β€βš–οΈ OsowikπŸ“– 2022 Ohio 4767

Post conviction petition untimely filed pursuant to R.C. 2953.21(A)(1) and further, barred under the doctrine of res judicata. Trial court did not abuse its discretion in failing to hold a hearing. Wh...

State v. Haynes

⭐ 8 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-12πŸ‘¨β€βš–οΈ TrappπŸ“– 2022 Ohio 4464

CRIMINAL LAW - unlawful sexual conduct with a minor attempted sexual battery individual and aggregate felony sentences consideration and application of R.C. 2929.11 and 2929.12 consecutive sentences s...

State v. Greene

⭐ 8 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-16πŸ‘¨β€βš–οΈ BergeronπŸ“– 2022 Ohio 4536

REAGAN TOKES LAW β€” R.C. 2929.19(B)(2)(c) NOTIFICATIONS – VAGUENESS β€” SENTENCING: Defendant's sentence was contrary to law where the trial court failed to advise defendant of the R.C. 2929.19(B)(2)(c) ...

State v. Sowders

⭐ 7 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2023-12-13πŸ‘¨β€βš–οΈ BergeronπŸ“– 2023 Ohio 4498

EVIDENCE β€” CONSTITUTIONAL LAW/CRIMINAL β€” PLAIN ERROR – REAGAN TOKES LAW – COUNSEL: The trial court's admission of body-worn camera video and references to DNA evidence as other acts evidence under Evi...

Crissinger v. Christ Hosp.

⭐ 7 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2017-12-27πŸ‘¨β€βš–οΈ ZayasπŸ“– 2017 Ohio 9256

CONSTITUTIONAL LAW/CIVIL - MEDICAL MALPRACTICE - STATUTE OF LIMITATIONS - APPELLATE REVIEW/CIVIL : R.C. 2305.113, the statute of repose for medical claims, is constitutional. The trial court erred in ...

State v. Brown

⭐ 6 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2017-12-26πŸ‘¨β€βš–οΈ CannonπŸ“– 2017 Ohio 9259

CRIMINAL LAW - involuntary manslaughter "another" unlawful termination of another's pregnancy "person" unborn human who is viable sufficiency manifest weight. MOTION IN LIMINE - expert witness medical...

McClain v. State

⭐ 5 cited
πŸ›οΈ OHIOπŸ“… 2022-12-29πŸ‘¨β€βš–οΈ Stewart, J.πŸ“– 172 Ohio St. 3d 213

Criminal lawβ€”Wrongful imprisonmentβ€”Jury trialβ€”Article I, Section 5 of the Ohio Constitutionβ€”There is no constitutional right to a jury trial in a wrongful-imprisonment action, because the action did n...

State v. Brandon

⭐ 5 cited
πŸ›οΈ CONNπŸ“… 2022-12-30πŸ‘¨β€βš–οΈ Robinson; McDonald; D’Auria; M...πŸ“– 345 Conn. 702

Convicted of manslaughter in the first degree with a firearm in connection with the shooting death of the victim, the defendant appealed to this court. The defendant, who had been serving probation fo...

State v. Hart

⭐ 4 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-16πŸ‘¨β€βš–οΈ DonovanπŸ“– 2022 Ohio 4550

Appellant's statutory and constitutional speedy trial rights were not violated. His convictions for improperly discharging a firearm at or into a habitation, aggravated possession of drugs, failure to...

State v. Glaze

⭐ 3 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-16πŸ‘¨β€βš–οΈ EpleyπŸ“– 2022 Ohio 4549

Appellant challenges the constitutionality of his indefinite sentences under the Reagan Tokes Act. As we have previously stated, R.C. 2929.144 does not violate the separation of powers doctrine or dep...

State v. Deloney

⭐ 3 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2017-12-29πŸ‘¨β€βš–οΈ MockπŸ“– 2017 Ohio 9282

CONSTITUTIONAL LAW/CRIMINAL - EIGHTH AMENDMENT - DEATH PENALTY - MENTAL RETARDATION: The trial court erred in finding that defendant was mentally retarded and therefore ineligible for the death penalt...

Curcio v. Hufford

⭐ 3 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-29πŸ‘¨β€βš–οΈ MayleπŸ“– 204 N.E.3d 1107

Trial court properly dismissed appellants' complaint under Civ.R. 12(B)(6) because it correctly determined that the General Assembly had authority under the Ohio Constitution to enact Section 29 of 20...

State v. Ojile

⭐ 2 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2017-12-29πŸ‘¨β€βš–οΈ ZayasπŸ“– 2017 Ohio 9319

POSTCONVICTION - COUNSEL - CONSTITUTIONAL LAW/CRIMINAL - PROSECUTORIAL MISCONDUCT: The common pleas court erred in dismissing without a hearing the ineffective-counsel claim presented in petitioner's ...

State v. Hutton

⭐ 2 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-15πŸ‘¨β€βš–οΈ O'SullivanπŸ“– 2022 Ohio 4509

R.C. 2953.21 postconviction petition Crim.R. 33 motion for new trial abuse of discretion capital case successive postconviction petition res judicata direct appeal discovery Evid.R. 606(B). The trial ...

State v. Fitzpatrick

⭐ 2 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-09πŸ‘¨β€βš–οΈ CrouseπŸ“– 203 N.E.3d 195

JURISDICTION - FINAL ORDER – R.C. 2505.02 – POSTCONVICTION – R.C. 2929.025 – SERIOUS MENTAL ILLNESS Under R.C. 2929.025, a defendant who has a "serious mental illness" as defined in the statute and me...

Medpace, Inc. v. ICON Clinical Research, L.L.C.

⭐ 2 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2023-12-15πŸ‘¨β€βš–οΈ BergeronπŸ“– 2023 Ohio 4552

APPELLATE JURISDICTION – PRELIMINARY INJUNCTION – FINAL APPEALABLE ORDER – CONSTITUTIONAL LAW/CIVIL – PRIOR RESTRAINT – COMMERCIAL SPEECH – R.C. 2505(B): Where a preliminary injunction restricted comm...

State v. Wisener

⭐ 1 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-15πŸ‘¨β€βš–οΈ RobbπŸ“– 204 N.E.3d 124

affirming contempt for refusing to wear mask in courthouse in violation of court order and sentence to definite jail term of 10 days Appellant claims contempt should have been treated as civil, not cr...

State v. Johnson

⭐ 1 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-22πŸ‘¨β€βš–οΈ S. GallagherπŸ“– 2022 Ohio 4641

Murder aggravated murder attempted murder felonious assault discharge of a firearm having weapons while under disability shooting unborn fetus viable manifest weight sufficiency eyewitness identificat...

State v. Shingleton

⭐ 1 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2022-12-29πŸ‘¨β€βš–οΈ WelbaumπŸ“– 204 N.E.3d 1214

The trial court did not err in rejecting appellant's claim that the violent offender registration scheme in Sierah's Law was unconstitutionally retroactive as applied to him. Appellant failed to disti...

Villafane v. Commissioner of Correction

⭐ 1 cited
πŸ›οΈ CONNAPPCTπŸ“… 2022-12-13πŸ‘¨β€βš–οΈ Elgo; Suarez; DiPentimaπŸ“– 216 Conn. App. 839

The petitioner, who had been convicted, on a plea of guilty, to burglary in the first degree and criminal violation of a protective order, sought a writ of habeas corpus. The habeas court, on its own ...

Alico, LLC v. Somers

⭐ 1 cited
πŸ›οΈ CONNπŸ“… 2023-12-19πŸ‘¨β€βš–οΈ Robinson; McDonald; D’Auria; M...πŸ“– 348 Conn. 350

The plaintiffs, A Co. and its sole member, N, appealed to the trial court from the decision of the board of assessment appeals of the defendant town of Somers, Connecticut, which upheld property tax a...

State v. Sims

⭐ 0 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2023-12-14πŸ‘¨β€βš–οΈ CelebrezzeπŸ“– 2023 Ohio 4538

State appeal R.C. 2953.08(B)(2) sentence contrary to law Reagan Tokes Law constitutional. The trial court erred in finding that the Reagan Tokes Law was unconstitutional and declining to sentence appe...

State v. Foster

⭐ 0 cited
πŸ›οΈ OHIOCTAPPπŸ“… 2017-12-29πŸ‘¨β€βš–οΈ Per CuriamπŸ“– 2017 Ohio 9318

SENTENCING-APPELLATE REVIEW-JURISDICTION-POSTCONVICTION: The common pleas court had no jurisdiction to entertain defendant's postconviction motion seeking correction of restrictions on his eligibility...