Court Filings

The Eleventh District Court of Appeals dismissed Albert DiTomaso’s appeal because the trial court’s judgment was not a final, appealable order. DiTomaso was tried and convicted on six of eight indictment counts, but two counts (one OVI count and an assured-clear-distance minor misdemeanor) were not resolved in the record and were not presented to the jury. Because unresolved "hanging" charges remain, the appellate court concluded it lacks jurisdiction to review the convictions and therefore dismissed the appeal.

The Court of Appeals affirmed the Portage County Court of Common Pleas judgment for plaintiff Fred Molai against the Standing Rock Cemetery Board of Trustees. After a jury awarded Molai $10,000 for breach of contract and $90,000 for intentional infliction of emotional distress, the trial court refused to instruct the jury on punitive damages and attorney fees based on R.C. 2744.05(A). The appellate court held Molai waived a facial constitutional challenge by not raising it below and found the statutory prohibition on punitive damages applicable to this public cemetery, so exclusion of that instruction was not an abuse of discretion.

The Ohio Court of Appeals affirmed the trial court’s grant of summary judgment to Kirtland Country Club (KCC) in a suit by Sandy and Kevin Donovan challenging noise from KCC’s skeet shooting range. The Donovans alleged nuisance and negligence based on loud gunfire; KCC argued it was immune under R.C. 1533.85 because it substantially complied with the Division of Wildlife noise rules (Ohio Adm.Code 1501:31-29-03) and had a conditional use permit. The court held the statutory immunity and compliance with the administrative noise standard defeated the claims and found no genuine issue of negligence, so summary judgment for KCC was affirmed.

The Third District Court of Appeals affirmed Andrew Myers’ conviction for operating a vehicle while under the influence of a listed controlled-substance metabolite. Myers was stopped for speeding early on the morning of December 30, 2023; police observed signs of impairment, conducted field sobriety tests, arrested him, and obtained a urine sample showing marijuana metabolite. Myers moved to suppress the field test results and the urine test results; the trial court denied suppression. On appeal the court found the officer had reasonable suspicion to expand the stop, the officer substantially complied with sobriety-test standards, and the lab substantially complied with Ohio health regulations, so the convictions and sentence were affirmed.

The Ohio Third District Court of Appeals reviewed Jeremy Long’s convictions for multiple sex offenses against minors following a jury trial in Crawford County. The court held that the trial judge improperly allowed the prosecutor to amend two rape counts just before trial in a way that changed the identity of the charged offenses, so those two convictions (Counts 1 and 3) were reversed. The court affirmed Long’s remaining convictions (one rape count, three rape counts as renumbered, and two gross-sexual-imposition counts) because the evidence was not so weak or inconsistent that the jury clearly lost its way. The case was remanded for further proceedings consistent with the opinion.

The Ohio Third District Court of Appeals affirmed the Van Wert County Common Pleas Court. Ryan E. Houser pleaded no contest to murder (Count Two) under a plea agreement; other counts were dismissed. Houser had sought to withdraw his plea before sentencing and moved to suppress cloud-based cellphone data. The trial court denied his motion to withdraw and denied suppression; on appeal the court held the warrant was sufficiently particular and supported by a probable-cause nexus to the phone and associated cloud data, and alternatively police relied in good faith on the warrant. The appellate court therefore affirmed the conviction and sentence.

The Ohio Third District Court of Appeals affirmed the Henry County trial court's judgment in State v. Grond. Ashley Grond pleaded guilty to amended aggravated trafficking (a second-degree felony); the trial court sentenced her to 6–9 years, waived the statutory fine due to indigence, but imposed statutory court costs and stayed collection until 60 days after release. Grond argued the court erred by ordering costs without findings on her ability to pay or specifying which costs. The appellate court held the trial court complied with statutory duties: courts must impose costs and may—but are not required to—make ability-to-pay findings when denying waiver.

The Third District Court of Appeals affirmed the Auglaize County Municipal Court’s September 11, 2025 conviction of Abdullah M. Alqahtani for speeding. Alqahtani challenged admission of radar evidence, argued insufficient and against-the-weight evidence, and sought a continuance for additional discovery. The court held the trooper’s testimony and a radar certification provided adequate, case-specific proof of the device’s accuracy and operator qualifications, rejected claims of manifest-weight error, and found no abuse of discretion in denying a continuance because the State had provided the available discovery.

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 reviewed two juvenile cases against T.B. after police stopped him and three companions for jaywalking and found a handgun on his person following a frisk. The court affirmed the juvenile court’s denial of suppression and the concealed-weapons adjudication, concluding the frisk was supported by reasonable, articulable suspicion, the gun was properly authenticated, and was shown operable. But the court reversed the jaywalking adjudication because the juvenile court abused its discretion by implicitly denying T.B.’s timely pre-disposition motion to withdraw his plea without explanation. The matter was remanded for withdrawal of the jaywalking plea.

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 Court of Appeals reversed in part and affirmed in part the Darke County Common Pleas Court judgment in an administrative zoning appeal. The trial court had reversed the Board of Zoning Appeals as to Building A (finding it properly permitted) and affirmed as to Buildings B and C (finding they lacked agricultural exemptions). The appellate court held that the trial court abused its discretion regarding Building A — the record showed Surber obtained an agricultural exemption and obtained a refund of the commercial permit fee, voiding the permit — so the Board’s decision as to Building A is reinstated. The trial court’s findings about Buildings B and C were affirmed because their primary uses were nonagricultural.

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 Court of Appeals reviewed the trial court’s rulings in the death-penalty case of State v. Myers. The court affirmed the trial court’s decision to allow Myers to file a motion for a new trial, but it reversed the trial court’s grants of a new trial and of postconviction relief. The appellate court held the trial court abused its discretion and applied incorrect legal standards when it granted a new trial based on recently obtained DNA and forensic critiques, and the court lacked jurisdiction to grant postconviction relief because it failed to follow statutory gatekeeping procedures and applied the wrong legal tests.

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 Second District Court of Appeals reversed the Montgomery County Common Pleas Court’s dismissal of Thomas Coddington’s complaint seeking return of equipment allegedly wrongfully withheld after his father’s death. The trial court had dismissed the case as time-barred by the probate creditor-claim statute, R.C. 2117.06. The appellate court held that Coddington’s allegation of ownership and wrongful withholding places his claim outside the probate presentment requirement, so the trial court erred to the extent it dismissed under R.C. 2117.06. The case is remanded for further proceedings, including consideration of other defenses the trial court did not address.

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 granted a writ of mandamus ordering the Adams County Board of Elections to hold a hearing within ten days on Christopher Hicks’s October 3, 2025 challenge to Prosecuting Attorney Aaron Haslam’s voter registration. The court ruled that Hicks, a qualified Ohio elector, has statutory standing under R.C. 3503.24(A). It held that res judicata and issue preclusion do not bar this action because no prior quasi-judicial hearing adjudicated the residency issue. The board abused its discretion and clearly disregarded R.C. 3503.24(B) by denying the challenge without a hearing when its records were insufficient to resolve material factual disputes about residency.

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 Supreme Court adopted the Board of Professional Conduct’s findings that attorney Jack Herchel VanBibber committed multiple ethics violations while a prior disciplinary matter was pending. The court found that he neglected a client’s custody matter, knowingly made false statements to a tribunal, solicited a client’s significant other for sex via electronic messages, and failed to cooperate and made false statements during disciplinary investigations. Considering aggravating factors (prior discipline, multiple offenses, dishonesty, lack of cooperation, and harm to others) and limited mitigation, the court suspended him from practice for two years and taxed costs to him.

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 Court of Appeals reversed, vacated, and remanded a trial court order that granted R.T.’s petition to seal a 2003 federal conviction. The appeals court held that a state trial court may only order sealing of records that are maintained by Ohio state agencies under R.C. 2953.32, and cannot compel federal agencies to seal or disregard federal conviction records. Because the trial court’s order used broad boilerplate language (directing all official records sealed and directing service on federal and state agencies), the appellate court found the order exceeded the court’s limited authority and remanded for a more specific hearing narrowly identifying which state-maintained records, if any, may be sealed.