Volume 218 — North Eastern Reporter, Third Series

Judgment affirmed. Res judicata did not bar trial court from ruling on appellant's September 21, 2021 common law motion to vacate default judgment, because the trial court's ruling on appellant's prior motion to vacate default judgment was reversed on appeal. Appellant's September 21, 2021 motion was not a substitute for appeal.

On administrative appeal from trial court reversal of Ohio Liquor Control Commission order citing appellee permit holder for violation of the terms of distribution license under R.C. 4301.22(B). Actual knowledge of intoxication is necessary prerequisite to showing a violation of R.C. 4301.22(B), and record does not contain reliable, probative, and substantial evidence to show that permit holder had actual knowledge that patron was intoxicated when served. Appellant liquor control commission's assignments of error overruled and trial court judgment affirmed.

SUFFICIENCY OF THE EVIDENCE MANIFEST WEIGHT OF THE EVIDENCE ARSON-OFFENDER REGISTRY CULPABILITY CULPABLE-MENTAL STATE STRICT LIABILITY FAILURE TO REREGISTER CRIMES PRIMA FACIE CASE COMMUNITY CONTROL SANCTION COMMUNITY RESIDENTIAL SANCTION SCHEDULING OF JAIL SENTENCE. Defendant-appellant's failure-to-reregister-annually-as-an-arson-offender conviction is supported by sufficient evidence and is not against the manifest weight of the evidence. The trial court's sentence is not contrary to law, and the trial court did not abuse its discretion in permitting the probation department to schedule when the jail sentence begins. Judgment affirmed.

Appellant's convictions for rape and other offenses were supported by sufficient evidence and were not contrary to the manifest weight of the evidence. Appellant's unsubstantiated speculation about the existence of evidence not provided by the state failed to meet the criteria for a Brady violation. Trial court's denial of appellant's requested jury instruction was not an abuse of discretion. Appellant failed to establish ineffective assistance of counsel and did not demonstrate error as to the trial court's imposition of consecutive sentences, which included maximum, mandatory prison terms with life tails. Judgment affirmed.

Per Mayle, J., appellant did not show that a genuine issue of material fact remained on her negligent entrustment claim, so the trial court properly granted summary judgment to appellee.

Zmuda, J. – Trial court erred in granting summary judgment to general contractor on subcontractor's negligence claim, where there was evidence in the record to demonstrate that the general contractor retained or exercised control over a critical variable in the workplace.

Crim.R. 48(B) dismissal with prejudice abuse of discretion violation of statutory or constitutional right bar further prosecution. Where there was nothing in the record to indicate that any statutory or constitutional right was violated that would bar further prosecution of defendant, trial court abused its discretion in dismissing case with prejudice because it disliked the state's plan to wait until the alleged victim was 18 (when the state could contact alleged victim directly and avoid the intervention of her guardian) to discuss prosecution of the case. Case remanded with instructions to vacate dismissal with prejudice and enter dismissal without prejudice.

Appellant's statutory and constitutional speedy trial rights were not violated. Appellant filed numerous motions, including several requests for continuances, and the trial court ruled on his motions to suppress within a reasonable amount of time. The trial court did not err in overruling appellant's motion to suppress evidence where exigent circumstances existed for police to lawfully enter appellant's residence to render aid to two missing juveniles. Judgment affirmed.

CRIMINAL LAW - violation of protective order judicial notice Evid.R. 201 trial court may take judicial notice of its own docket.

Possession of marijuana, strip search