Volume 240 — North Eastern Reporter, Third Series

Summary judgment affidavit deposition personal knowledge contract breach liquidated damages notice pleading strike actual damages penalty. The trial court did not err in denying defendant's motion to strike the affidavit supporting plaintiff's motion for summary judgment, or in denying defendant's motion for a more definite statement. The trial court did not err in granting summary judgment in favor of the plaintiff because the evidentiary materials established the defendant's breach of the school-enrollments agreements and the validity of the liquidated damages provision contained therein.

Trial court dismissal without prejudice prejudice recantation constitutional Crim.R. 48. The trial court did not err by dismissing the defendant's case without prejudice.

CIVIL - partition election to purchase property at appraised value equity stay of sheriff's sale motion to stay pending appeal moot satisfaction of judgment R.C. 2329.45 inapplicable to partition actions.

Probate court properly denied application for change of name.

Search warrant sufficiency possession of controlled substances criminal tools medical marijuana fruit of the search manifest weight possession immediately within reach marijuana dispensary direct physical control constructive possession knowingly exercises dominion. Judgment reversed and convictions vacated. The appellant's convictions for drug possession and criminal tools were not supported by sufficient evidence. The state failed to prove, beyond a reasonable doubt, that the appellant had constructive possession of drugs or criminal tools where the state offered no evidence that the appellant had dominion or control over the area of the home where the illegal quantity of marijuana was found in the home she shared with her spouse, who held a medical marijuana license.

Evid.R. 901 Authentication 6th Amendment Confrontation Clause Testimonial Statements Hearsay Evid.R. 804(B)(6) Forfeiture by Wrong Doing Stipulation as to Prior Conviction Cumulative Error R.C. 2945.75 Verdict Forms. The judgment of conviction and sentence entered in the trial court is reversed in part, due to the verdict forms failing to set forth the aggravating elements of two crimes charged. The trial court's judgment is affirmed in all other respects.