55 results for 'judge:"Kennedy"'.
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: Burglary, Sentencing, Theft
J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, Theft, Jury Instructions
J. Kennedy finds the appeals court erroneously vacated defendant's conviction for gross sexual imposition because the victim's blindness constituted a substantial impairment under Ohio law that prevented her from defending against unwanted contact. Although the facility at which defendant worked and the victim lived was an independent living facility and defendant's interactions with the victim were limited, he knew she was blind and testified he understood she had poor hygiene and had soiled her pants prior to their sexual contact, all of which allowed a reasonable jury to infer defendant was aware of the victim's disabilities and inability to consent. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 2023-Ohio-3800, Categories: Evidence, Sex Offender
J. Kennedy finds the lower court properly granted the former funeral home director's motion for summary judgment on misappropriation and tort claims. The funeral home's customer information regarding "preneed funeral contracts" was not a trade secret under Ohio law because it was provided to various employees and was available to the public through records requests. Meanwhile, because the tort claims brought by the funeral home were based on the same set of facts as the trade secrets claim, they were preempted. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 12, 2023, Case #: 2023-Ohio-3687, Categories: Trade Secrets, Tort, Interference With Contract
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J. Kennedy finds the police officer's testimony at trial regarding his unit's inventory search policy and bodycam footage of his search of defendant's vehicle was sufficient to render the warrantless search reasonable, and so the appeals court erroneously overturned the trial court's denial of defendant's motion to suppress. Although the law enforcement agency's inventory search policy was not submitted to the trial court, the officer's testimony about the policy, as well his two decades of experience, proved he did not violate defendant's Fourth Amendment rights when he conducted the search and requires reinstatement of defendant's convictions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 4, 2023, Case #: 2023-Ohio-3564, Categories: Firearms, Search
J. Kennedy finds that the lower court improperly found that the landlord conspired to deregulate the tenants' apartments. The filing of late or incorrect registrations does not support a finding of fraud as a matter of law. Reversed.
Court: New York Appellate Divisions, Judge: Kennedy, Filed On: October 3, 2023, Case #: 04917, Categories: Landlord Tenant
J. Kennedy finds that the lower court properly awarded possession of the premises to the landlord in this forcible detainer action. The tenants failed to preserve their issue regarding "the amount of time they were given to present evidence at trial." They also failed to challenge the notice they were provided. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: October 3, 2023, Case #: 05-22-00171-CV, Categories: Civil Procedure, Landlord Tenant
J. Kennedy finds that the lower court improperly denied defendant's motion to withdraw her guilty plea. Defense counsel was operating under an actual conflict of interest in arguing the motion to withdraw, so she is entitled to new postplea proceedings. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: September 27, 2023, Case #: 220312, Categories: Plea
J. Kennedy finds that while this court previously remanded an individual's case to the appeals court with instructions to provide further analysis of his Open Meetings Act claims, the appeals court properly granted the board of commissioner's motion to dismiss because the petitioner had already obtained relief in the form of certain public documents, while the allegedly unlawful consent agenda was no longer used by the board, which mooted the claim. However, the appeals court erroneously reopened the question of whether the board's initial actions violated the Act, and so the case will again be remanded to allow for analysis of whether he is entitled to statutory damages. Affirmed in part.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: September 26, 2023, Case #: 2023-Ohio-3382, Categories: Government, Public Record, Damages
J. Kennedy finds that the lower court properly entered a final order in this suit affecting the parent-child relationship. The lower court did not err in appointing the father as possessory conservator in a default judgment against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: September 22, 2023, Case #: 05-22-00926-CV, Categories: Family Law
J. Kennedy finds that the lower court properly rendered take-nothing judgments in favor of the appellees in this suit alleging negligence and gross negligence, based on a golf cart accident that allegedly occurred during a trip to Mexico. There was no error in denying the appellants' motion for leave to file a late response to the summary judgment motions. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: September 14, 2023, Case #: 05-22-01364-CV, Categories: Civil Procedure, Negligence
J. Kennedy finds the appeals court erroneously granted a portion of the K-9 officer's motion for summary judgment and determined he was entitled to political subdivision immunity on negligence claims brought by the guest who was bitten by his K-9 unit at a party. Reasonable minds could differ as to whether the officer's actions at his home were clearly outside the scope of his duties as a police officer. Although he is required to keep the dog at his home, many people at the party had consumed alcohol, including the officer, while there was a question of fact as to whether the dog had been given beer to drink while the officer demonstrated some of his training, all of which prevents the application of immunity. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: August 30, 2023, Case #: 2023-Ohio-3005, Categories: Government, Immunity, Negligence
J. Kennedy finds that the lower court properly dismissed defendant's pro se petition challenging a subsection of the child pornography statute that provides possession of child pornography must be voluntary as unconstitutionally vague. The computer's retention of a file does not constitute the totality of the crime, but is merely evidence of a crime. A person may take steps to delete the file, which may also be evidence that the file was possessed involuntarily. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: August 9, 2023, Case #: 200744, Categories: Constitution, Child Pornography
J. Kennedy finds the appeals court incorrectly interpreted Ohio law regarding the maximum length of a prison sentence imposed after an individual violates a condition of his community control. The statute in question allows for a term equal to the maximum of the original conviction, regardless of the original sentence and the time served. Therefore, the trial court's initial sentence for 150 days of jail time for each conviction after defendant violated his community control provisions was not contrary to law and will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 25, 2023, Case #: 2023-Ohio-2516, Categories: Criminal Procedure, Sentencing
J. Kennedy finds on remand that the lower court improperly set aside a decision of a workers' compensation appeals panel and awarded the NFL football player temporary income benefits in connection with a knee injury that occurred during practice. The football player failed to prove and obtain a jury finding that "he would not have received greater benefits under his NFL Player Contract or the NFL Collective Bargaining Agreement." Reversed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: July 17, 2023, Case #: 05-19-01541-CV, Categories: Employment, Workers' Compensation, Labor
J. Kennedy finds that the lower court properly denied the appellants' motion for class certification in this lawsuit concerning the use of "redemption cards" by a sports card manufacturer. The redemption cards are used in place of actual autographed cards when the autographed cards are unavailable. The consumers brought claims under the Texas Deceptive Trade Practices Act, but they fail to show that "common legal issues predominate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: July 14, 2023, Case #: 05-22-01338-CV, Categories: Civil Procedure, Consumer Law, Class Action
J. Kennedy reverses the court of appeals' judgment vacating the convict's sexual imposition conviction, as the convict alleges that the prosecution improperly exercised its preemptory challenges on two prospective male jurors under the belief that they, as men, would be more sympathetic to the convict. The convict does not present compelling evidence that the prosecution excluded the jurors because they are male. The final jury pool that includes the alternate juror was 56% female and 48% male, and the less than 6% variation regarding the jurors' gender is not constitutionally significant. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 13, 2023, Case #: 2022-0707, Categories: Jury, Sex Offender, Civil Rights
J. Kennedy reinstates the trial court's finding for an insurer on an individual's complaint for coverage of his judgment against a facility where he was attacked by another resident. The mental state of an individual who commits assault or battery is irrelevant in determining whether the assault and battery exclusion of an insurance policy applies. Therefore, the knife attack on the victim at the long-term care facility was undoubtedly an assault under the policy and coverage should have been excluded. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 12, 2023, Case #: 2023-Ohio-2343, Categories: Insurance, Contract
J. Kennedy finds that the lower court properly granted a take-nothing summary judgment and awarded attorney fees in this suit alleging negligent misrepresentation and third-party-beneficiary breach of contract. The individual appellant was not a party to the consulting agreement at issue, and the evidence does not establish that "he was an intended third-party beneficiary." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00293-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Kennedy finds that the lower court properly granted summary judgment in favor of Texas Instruments in this breach of contract dispute involving a chemical purchase and sale agreement. The appellant company fails to establish its claims "based on any alleged overbilling or short-shipping." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00359-CV, Categories: Civil Procedure, Contract
J. Kennedy finds that the lower court properly rendered a take-nothing judgment on the appellant's negligence claims stemming from a car collision. The appellant driver challenges the jury's answer as to the liability question, but the jury was entitled to "resolve conflicts and inconsistences in the testimony." The jury's negligence finding was supported by factually sufficient evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 8, 2023, Case #: 05-22-00819-CV, Categories: Evidence, Tort