Court Filings

The Ohio Third District Court of Appeals affirmed the Logan County Common Pleas Court's dismissal of Jeremy L. Larrick’s appeal of a workers’ compensation denial. Larrick appealed the Industrial Commission’s refusal to allow him to participate in the state fund after the Bureau of Workers’ Compensation denied his claim. The trial court ordered a more definite statement and dismissed his R.C. 4123.512 complaint because he never identified specific medical conditions that had been presented to the Commission. The appeals court held a claimant must identify the specific conditions raised administratively to proceed in common pleas court.

The Ohio appellate court affirmed the juvenile court’s July 3, 2025 order granting Allen County Children Services Board permanent custody of J.H., a child born in August 2023. The Agency originally removed J.H. at birth after the mother tested positive for multiple controlled substances and the child suffered withdrawal; J.H. remained in Agency care for over a year. The court found clear and convincing evidence that reunification was not likely within a reasonable time, that J.H. was bonded to his foster family, and that permanent custody was in the child’s best interest. The mother’s request for a short extension to obtain housing was denied as an abuse of discretion did not occur.

The Fifth District Court of Appeals granted the State's motion for reconsideration, vacated its earlier February 27, 2026 opinion, and affirmed the trial court's judgment revoking Jeffrey Heath's community control and imposing prison terms totaling 12–15 years. The court held that the trial court's September 2023 sentencing sufficiently notified Heath that prison terms (up to 20 years total across the counts) could be imposed upon violation of community control, and that the court properly reserved prison terms consistent with current R.C. 2929.19(B)(4). The court also held consecutive sentences were permissible under the circumstances because there was no existing prison term at the time the reserved terms were imposed.

The Fifth District Court of Appeals affirmed the Stark County Probate Court’s finding that attorney Gerald B. Golub was in indirect civil contempt for failing to return $43,560 he paid himself in attorney fees from four related estates without prior probate-court approval. The appellate court held the contempt finding was proper because the May 15, 2024 order requiring return of the fees had been previously affirmed and disallowed for further review, and Golub made no effort to comply or seek court approval or other relief. The court concluded the probate judge did not abuse her discretion and that coercive remedies (periodic payments, execution) were appropriate.

The Fifth District Court of Appeals affirmed Terry L. Bickerstaff’s conviction for third-degree felony assault arising from an incident in a Mansfield Correctional Institution segregation recreation cell. The jury found that Bickerstaff swung through the bars at a corrections officer, J.N., and the court held the State presented sufficient evidence that he attempted to cause physical harm and that the victim suffered at least minor physical injury. The court relied on statutory language that assault includes attempts and on the victim’s testimony and bodycam footage to conclude a rational jury could find guilt beyond a reasonable doubt.

The First District Court of Appeals affirmed the probate court’s denial of J.D.’s motion to expunge records of his 2018 involuntary-commitment. The court held that the probate court lacked statutory or inherent authority to expunge those civil commitment records, and that prior appellate decision in the same case prevented relitigation of the inherent-authority argument. The court also rejected J.D.’s statutory claims: the five-day hearing requirement in R.C. 5122.141 did not trigger mandatory expungement because a hearing occurred within the deadline, and R.C. 2953.32 governs criminal-conviction expungement, not civil commitment records.

The Ohio Court of Appeals affirmed the trial court’s grant of summary judgment for Xerion Advanced Battery Corp. and Northwoods Blvd., LLC and its denial of summary judgment for Certa Vandalia, LLC. The dispute concerned whether Northwoods’ late payment of a $2,000 cure fee allowed Certa to declare a default and terminate a purchase and sale agreement. The court concluded the contract was ambiguous about whether Certa had to give written notice before declaring a default for failure to pay the cure fee, and the parties’ prior conduct showed Certa had not consistently enforced strict, notice-free defaults. Because Certa failed to give the required notice, Northwoods did not materially breach and forfeiture would be inequitable.

The Ohio Second District Court of Appeals affirmed Nancy Jean Taylor’s 30-month prison sentence for felony theft from a person in a protected class. Taylor had pleaded guilty to stealing $7,504 from an elderly client and received a presentence investigation and restitution hearing. She argued on appeal that the trial court misapplied sentencing factors and that the sentence was excessive. The appeals court held the sentence was within the statutory range, the trial court indicated it considered the required sentencing statutes, and therefore the sentence was not contrary to law.

The Ohio Second District Court of Appeals affirmed the Montgomery County trial court's ruling overruling Jonathan Search's objections to a magistrate's decision about parenting time and medical-expense accounting. Father had sought contempt findings, enforcement, and suspension of child support, and filed a self-prepared transcript with his objections. The appellate court held the parenting-time claims moot because the child reached age 18 before the trial court ruled, found no reversible error in the trial court rejecting the uncertified transcript and adopting the magistrate's findings, and determined the dismissal without prejudice of the medical-expense claim left no final order for appeal.

The Second District Court of Appeals affirmed the Miami County Common Pleas Court's adoption of a magistrate’s decision that denied Latrisha McGhee’s post-decree motions concerning child custody, visitation, and related relief, and that suspended her parenting time. The appellate court held the appeal despite McGhee proceeding pro se, finding her appellate brief failed to comply with Ohio Appellate Rule 16 and did not present coherent arguments showing trial-court error. Because meaningful review was impossible, the court affirmed the trial court’s judgment adopting the magistrate’s decision.

The Seventh District Court of Appeals affirmed the Columbiana County Common Pleas Court judgment convicting Davante L. Jackson after he entered a no-contest plea to multiple drug and evidence-tampering charges. Jackson argued his trial counsel was ineffective for withdrawing a suppression motion without his knowledge and that his plea was not knowing, voluntary, or intelligent. The appeals court found the record does not show deficient performance or prejudice from counsel’s withdrawal of the motion, and the trial court substantially complied with plea procedures and ensured Jackson understood his rights and the plea consequences. The conviction and sentence (total 5½ to 7½ years) were affirmed.

The Fifth District Court of Appeals affirmed the trial court’s denial of Kenneth Lewis’s postconviction application for DNA testing of a long-sleeved shirt recovered after a 2020 pawnshop robbery. The court concluded a prior DNA test by BCI was definitive because it showed Lewis was the major contributor of DNA on the shirt, and Lewis did not present evidence that prior testing was unreliable or that new testing would be outcome determinative. The court also relied on strong corroborating evidence (surveillance video, eyewitnesses, officer recovery of the shirt, license plate identification, cash and items on Lewis, and a jailhouse confession).

The Ohio Fifth District Court of Appeals affirmed a Massillon Municipal Court judgment awarding Mancan, Inc. damages, interest, and attorney fees after Al’s Auto Services defaulted by not timely answering a breach-of-contract complaint. Mancan provided a temporary employee who was hired by Al’s Auto within a 180-day prohibited period; Mancan sued and secured a magistrate’s default judgment after a hearing. Al’s Auto did not file objections to the magistrate’s decision and failed to include a hearing transcript on appeal, so the appellate court reviewed only for plain error and found none, affirming the judgment.

The Ohio Supreme Court affirmed the Sixth District Court of Appeals' dismissal of inmate Robert Bates’s mandamus complaint seeking the names of certain prison officers under the Public Records Act. The appellate court dismissed the case because Bates’s accompanying affidavit of prior civil actions did not strictly comply with R.C. 2969.25(A): he failed to list the name of each party to several prior lawsuits. The Supreme Court held that R.C. 2969.25(A) is mandatory, requires strict compliance, and permits sua sponte dismissal for noncompliance, so dismissal was proper and the merits were not reached.

The Ohio Eighth District Court of Appeals affirmed Charles Wright’s conviction and sentence following his guilty plea to sexual battery and two counts of endangering children. Wright claimed ineffective assistance of counsel because defense counsel did not ask the trial court to state the elements of sexual battery during the plea colloquy and did not move to withdraw his plea after Wright made statements at sentencing that he now contends were protests of innocence. The court found counsel’s performance was not deficient and Wright failed to show prejudice: the plea was knowing and voluntary and a withdrawal motion would not have succeeded.

The Ohio Eighth District Court of Appeals affirmed Mark Moore’s conviction for third-degree domestic violence following a bench trial. The case arose from the defendant’s mother reporting that Moore shoved her into a refrigerator door on February 28, 2025. The trial court credited the victim’s testimony, medical records, and photographs over Moore’s denial that he assaulted his mother. On appeal Moore argued the verdict was against the manifest weight of the evidence, but the appeals court found the trial court, as factfinder, reasonably resolved credibility disputes and did not clearly lose its way.

The Ohio Eighth District Court of Appeals affirmed a 17-to-20 year aggregate prison sentence imposed on defendant-appellant Dameon Kijanski after he pled guilty to multiple felonies arising from a November 29, 2024 shooting of two teens. The trial court ordered three counts to run consecutively (two felonious-assault counts for separate victims and one having-weapons-while-under-disability count) and the remaining counts concurrent. The appeals court held the record supported the required statutory findings for consecutive sentences — including multiple victims and the defendant’s criminal history — and applied the deferential standard of review to affirm.

The Ohio Court of Appeals affirmed the trial court’s denial of Arto D. Green III’s postsentence motion to withdraw his guilty plea and rejected his ineffective-assistance claim. Green had pled guilty to aggravated robbery with a one-year firearm specification and was sentenced under the Reagan Tokes Law to a minimum of seven up to ten years. He later argued he suffered mental-health problems at the time of plea and that counsel failed to investigate or seek transfer to the court’s mental-health docket. The appellate court found the record did not show qualifying mental-health issues or prejudice from counsel’s actions, and no manifest injustice or need for an evidentiary hearing was shown.

The Eighth District Court of Appeals affirmed the convictions and sentence of Augustus G. Frazier, IV for murder, felonious assault, and having weapons while under disability arising from the August 8, 2023 killing of Alexander Eaton. The jury convicted Frazier of murder and related firearm specifications after trial; two weapons counts were tried to the bench. The court held the evidence — eyewitness testimony of a codefendant, corroborating video, GPS data, tattoos, and forensic findings — was legally sufficient and not against the weight of the evidence. The court also rejected claims of improper jury guidance, an improper complicity instruction, and ineffective assistance of counsel.

The Ohio Court of Appeals (Eighth District) affirmed the convictions of defendant-appellant Cecil Fluker for burglary, menacing by stalking, and intimidation following jury trial. Fluker challenged the sufficiency and weight of the evidence, joinder of indictments, jury instructions, admission of evidence (including jail calls and hearsay), and effectiveness of trial counsel. The court found the jail calls admissible as evidence of consciousness of guilt, any hearsay error harmless because the declarant testified and was cross-examined, joinder and instructions proper, and trial counsel’s strategic choices reasonable. The convictions were therefore affirmed and the case remanded for execution of sentence.

The Ohio Court of Appeals affirmed Todd Clark’s nine-year aggregate prison sentence for sexual battery and two counts of gross sexual imposition following his guilty pleas. Clark argued the trial court erred by stating a statutory presumption of imprisonment applied to sexual battery. The court found the trial judge misstated the law but that the error did not change the outcome because the judge independently considered required sentencing factors (including the victim’s age, psychological harm, the familial relationship that facilitated the offenses, and Clark’s lengthy criminal history) and expressly rejected community control. The sentence was supported by the record and law.

The Cuyahoga County Probate Court appointed an independent, non‑interested attorney as successor trustee of the Gary L. Bryenton Declaration of Trust after the named successor declined and a proposed beneficiary appointment was disputed. Barbara Bryenton had filed a notice appointing herself and her daughter Elisabeth as co‑trustees, but the court struck that notice, found conflicts among beneficiaries (notably Susan’s allegations of bias), and, after a short hearing with no sworn evidence, appointed a neutral trustee. The appellate court affirmed, finding no abuse of discretion and that the probate court followed the statutory priority for filling trustee vacancies.

The Eighth District Court of Appeals affirmed the Cuyahoga County Domestic Relations Court’s order keeping a one-year civil domestic violence protection order (DVCPO) in place against B.S. (“Stepfather”). Father filed for the DVCPO after Stepfather pushed his son T.H. into a wall twice in November 2024, causing a concussion; CCDCFS substantiated physical abuse and a municipal temporary protection order accompanied a related criminal case. The magistrate found the child-abuse evidence credible and the trial court overruled Stepfather’s objections. The appellate court held the continuance and the DVCPO were not an abuse of discretion and were supported by the record.

The Eighth District Court of Appeals affirmed the trial court’s dismissal of medical-malpractice claims against Dr. Faisal Quereshy. Plaintiffs had originally filed suit in May 2022 and obtained extensions to file a required affidavit of merit, but failed to timely produce one. After refiling in November 2023 and receiving another 90-day extension, plaintiffs again missed the deadline and later attempted to cure the defect by filing an amended complaint with an affidavit. The court held that Civ.R. 10(D)(2)’s strict extension limits control and plaintiffs’ late affidavit could not cure the deficiency, so dismissal was proper.

The Ohio Court of Appeals affirmed appellant Lashawn M. Slaughter’s convictions for two counts of nonsupport of dependents (fifth-degree felonies). The jury found he failed to pay court-ordered child support for his son over two consecutive two-year periods (2014–2018). The court concluded the State proved failure to pay under R.C. 2919.21(B) and that the defendant failed to meet the affirmative defense that he provided support within his means. The court found no reversible error in sufficiency, weight of the evidence, jury instructions, prosecutorial comments, or trial counsel’s performance.

The Ohio Tenth District Court of Appeals affirmed the juvenile court’s decision granting permanent custody of two-year-old A.S. to Franklin County Children Services (FCCS), thereby terminating the parental rights of mother L.S. After FCCS filed for permanent custody following nearly two years of involvement because of mother’s mental-health crises, housing instability, and inconsistent engagement with case-plan requirements, the juvenile court found permanent custody was in the child’s best interest. The appeals court held the trial court did not abuse its discretion in denying a day-of-trial continuance and that mother failed to show she received ineffective assistance of counsel or that any alleged deficiency prejudiced her case.

The Ohio Sixth District Court of Appeals affirmed the juvenile court’s September 9, 2025 decision awarding Lucas County Children Services (LCCS) permanent custody of the minor E.D.-P. The child had been adjudicated dependent and temporarily placed with paternal relatives in Texas; LCCS later sought permanent custody. The appellate court held the juvenile court properly found by clear and convincing evidence that R.C. 2151.414(E)(11) applied because Mother had previously had parental rights involuntarily terminated to a sibling and failed to prove she could now provide a legally secure, adequate permanent placement. The court found Mother remained cohabiting and dependent with the child’s father, who showed no engagement in parenting, and the record supported the juvenile court’s findings that reunification was not feasible within a reasonable time.

The Ohio Seventh District Court of Appeals affirmed the trial court's denial of John Eugene Morgan's postconviction petition. Morgan had been convicted of voluntary manslaughter, murder, and felonious assault after shooting a man; he argued that dash‑cam footage was improperly admitted, the search warrant for the footage was defective, and jury instructions were erroneous or resulted from ineffective assistance of counsel. The appellate court found most claims barred by res judicata because Morgan could have raised them earlier (including in his direct appeal or an application to reopen), and where those claims were considered, the record established no reasonable probability of a different outcome without the disputed evidence.

The Ohio Seventh District Court of Appeals affirmed the Belmont County Common Pleas Court’s grant of a civil stalking protection order (CSPO) sought by Petitioner D.F. against Respondent Melissa Starkey. The trial court found by a preponderance of the evidence that Starkey engaged in a pattern of conduct—social media posts, a threatening phone call to a bar owner, and related statements—that caused D.F. to reasonably believe Starkey would cause physical harm or mental distress. The appellate court held the evidence was legally sufficient, the trial court’s credibility findings were not against the manifest weight of the evidence, and the five-year duration was not an abuse of discretion.

The Seventh District Court of Appeals affirmed the trial court’s determinations that the Hendersons’ attempts to abandon severed mineral rights under Ohio’s Dormant Mineral Act were ineffective. Plaintiffs (heirs and assignees of John W. Means and Wolf Run II, LLC) sought declaratory judgment and quiet title to minerals under 160 acres. The court concluded the Hendersons failed to exercise reasonable diligence in locating mineral holders (they did not search Stark County records where holder addresses existed), so notice by publication was improper and abandonment failed. The court therefore affirmed quiet-title judgments for the plaintiffs and two defendant-holders (Means and Doxzen).