179 N.E.3d
Volume 179 — North Eastern Reporter, Third Series
10 opinions
- 179 N.E.3d 208Dayton v. Stewart (2021)
State's appeal. Appellee was found not guilty of littering under R.C. 3767.32(A), apparently based upon the trial court's conclusion that tree stumps, branches, and other yard debris are not included in the definition of litter set forth in R.C. 3767.32(D)(1). The State's discretionary appeal was accepted under R.C. 2945.67(A). In pertinent part, litter is defined as "trash," "waste," "rubbish," "garbage," and "refuse." The trial court erred in concluding that tree stumps, branches, and other yard debris are not included in the common definition and usage of these words. Error sustained. (Epley, J., concurring in judgment only.)
- 179 N.E.3d 228State v. Williams (2021)
Reagan-Tokes/Ripeness/Merger/Consecutive sentences/Violent offender registry/Ineffective assistance of counsel
- 179 N.E.3d 295Ashby v. Pinnow (2020)
- 179 N.E.3d 761State v. Gifford (2021)
The trial court did not abuse its discretion in failing to find a manifest injustice that would permit the defendant-appellant to withdraw his guilty plea after sentence had been imposed. The earlier offense that elevated the charge in the new case to felony-level domestic violence had been misrecorded as aggravated menacing rather than as assault, and a court speaks through its entries. But either of those offenses when committed against a family or household member elevates the degree of a later domestic violence charge. The trial court's judgmnet denying the motion to withdraw plea is affirmed.
- 179 N.E.3d 797Manteno Community Unit School District No. 5 v. Illinois Property Tax Appeal Board (2020)
- 179 N.E.3d 867Brettman v. Virgil Cook & Son, Inc. (2020)
- 179 N.E.3d 1150State ex rel. Hogan Lovells U.S., L.L.P. v. Ohio Dept. of Rehab. & Corr. (Slip Opinion) (2021)
Mandamus—Public-records law—Records covered by the attorney-client or attorney-work-product privilege are not public records—Records that relate or refer to an inmate are not public records and are exempt from disclosure under R.C. 5120.21(F)—Writ denied.
- 179 N.E.3d 1201Chapman Ents., Inc. v. McClain (Slip Opinion) (2021)
Taxation—Time period for appealing from the tax commissioner's determinations to the Board of Tax Appeals was tolled by 2020 Am.Sub.H.B. 197, which tolled certain time limitations because of the COVID-19 global health emergency—Decisions reversed and causes remanded.
- 179 N.E.3d 1216State v. Lawson (Slip Opinion) (2021)
Criminal law—Aggravated murder—Findings of guilt and death sentence affirmed.
- 179 N.E.3d 1262Toledo Bar Assn. v. Long (Slip Opinion) (2021)
Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Indefinite suspension imposed with no credit for time served under interim felony suspension.