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Ohio

Ohio Court of Appeals (Twelfth District)
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Gabel v. RMH Franchise Corp. — Court holds res judicata bars refiled slip-and-fall claim after voluntary dismissal

The Twelfth District affirmed summary judgment on res judicata grounds, holding that a prior summary judgment ruling on a premises liability claim was a final judgment on the merits even though the plaintiff later voluntarily dismissed the case under Civ.R. 41(A).

Ohio Court of Appeals (Twelfth District)
Uncategorized

State v. Lane — Court refuses to merge grand theft of vehicle and attempted theft of firearm found inside

The Twelfth District held that grand theft of a motor vehicle and attempted grand theft of a firearm found in the vehicle’s glove box are not allied offenses requiring merger, because the defendant’s act of removing the gun from the car and keeping it in her bedroom reflected a separate animus.

Ohio Court of Appeals (Twelfth District)
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State v. Brock — Court affirms murder conviction, rejecting challenges to character evidence and grant of immunity

The Twelfth District affirmed a murder conviction arising from a shooting during a domestic dispute, holding that the trial court properly admitted the defendant’s prior violent acts as character evidence under Evid.R. 404(A) and that the State’s grant of immunity to a key witness did not render her testimony unreliable.

Ohio Court of Appeals (Twelfth District)
Uncategorized

State v. Garcia-Gutierrez — Twelfth District holds trial courts lack authority to impose lifetime parole supervision for murder

The Twelfth District reversed a murder sentence that included ‘lifetime parole supervision,’ holding that no Ohio statute authorizes a trial court to impose such a condition and clarifying the distinction between imposing parole terms and notifying defendants of parole eligibility.

Ohio Court of Appeals (Twelfth District)
Uncategorized

State v. Toshniyazov — Twelfth District reverses denial of plea withdrawal, requires Strickland analysis for noncitizen’s IAC claim

The Twelfth District reversed the trial court’s denial of a noncitizen defendant’s motion to withdraw his no-contest plea, holding that the court was required to apply the Strickland two-prong test when the motion was premised on counsel’s failure to advise of immigration consequences under Padilla v. Kentucky.

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