652 results for 'court:"Ohio Court Of Appeals"'.
J. Wise finds the lower court properly named the mother sole residential parent and denied the father's motion for shared parenting. The evidence in the record clearly indicated it was in the child's best interests to remain in the care of their mother, while the vitriolic behavior displayed by both parents and their inability to cooperate prevented adoption of a shared parenting plan. Meanwhile, the child support amount awarded by the trial court was supported by credible evidence, including the father's gross income of more than $1 million, and the education and extracurricular activities of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: March 7, 2024, Case #: 2024-Ohio-812, Categories: Evidence, Family Law
J. Gallagher finds the trial court did not violate defendant's confrontation rights when it admitted statements made during the victim's 911 call. The statements were made during an ongoing emergency shortly after she had been assaulted by defendant and, therefore, were not testimonial. Meanwhile, testimony from the victim and an eyewitness established defendant brandished a firearm both outside and inside the victim's apartment; therefore, the trial court properly applied a firearm specification to defendant's aggravated burglary charge. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 7, 2024, Case #: 2024-Ohio-842, Categories: Confrontation, Firearms, Domestic Violence
J. Sheehan finds defendant's drug possession charge was supported by sufficient evidence. Although he did not have the baggie of cocaine on his person when he was arrested, it was found in the driveway where his vehicle was parked immediately before he was pulled over and had been "freshly dropped," according to the testimony of the arresting officer, who noted the baggie was dry while the ground was wet. Furthermore, the lack of an estimate for repair costs to the police vehicle does not require a reversal of defendant's conviction for vandalism. The pictures showing the damage to the vehicle after defendant reversed into it in an attempt to escape clearly showed damage in excess of $1,000, all that was required for the jury to convict him. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: March 7, 2024, Case #: 2024-Ohio-839, Categories: Drug Offender, Evidence, Vandalism
J. Kilbane finds the lower court erroneously granted the wife's motion to dismiss the husband's support modification order. The wife continued to participate in the post-divorce litigation with her husband for nearly a year before she filed her motion to dismiss on the grounds of improper service, and evidence indicates the initial notice was mailed to the wife's proper address. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: March 7, 2024, Case #: 2024-Ohio-836, Categories: Civil Procedure, Family Law
J. Kilbane finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to complete mental health or drug addiction programs as part of her case plan and continues to abuse alcohol as a means to escape from her problems, while the child has thrived in foster care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: March 7, 2024, Case #: 2024-Ohio-827, Categories: Evidence, Family Law
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J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: Construction, Government, Interference With Contract
J. Keough finds the trial court properly denied defendant's motion to exclude extraction evidence from the victim's cell phone. Not only was the evidence not used by the state during trial, but defendant admitted his own cell phone records, including text messages, that corroborated the evidence. Meanwhile, the trial court properly continued defendant's trial in his absence following injuries sustained in a stabbing because evidence indicated the wounds were self-inflicted and, therefore, defendant's absence was his own fault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 7, 2024, Case #: 2024-Ohio-843, Categories: Evidence, Sex Offender
J. Smith finds the trial court's properly granted the wife's petition for a civil protective order. The husband's threat to "put a bullet" in the wife's children from a previous marriage and kill her and himself if she ever cheated on him proved an imminent threat of harm. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-879, Categories: Evidence, Restraining Order
J. Smith finds the lower court properly granted legal custody of the mother's children to their maternal grandfather. Although the mother cares deeply about the children, she refuses to correct a drug addiction problem and could not provide a safe home environment, while the grandfather has ensured the children attend school regularly and obtain necessary medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-878, Categories: Evidence, Family Law
J. Trapp finds the lower court properly granted the former city clerk's motion for summary judgment on claims related to the early termination of her employment contract. The city failed to provide 30 days notice and did not satisfy its burden to provide proof of just cause for termination; therefore, the clerk was entitled the entire amount of severance pay stated in the contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 4, 2024, Case #: 2024-Ohio-782, Categories: Employment, Government, Damages
J. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: Contempt, Evidence, Family Law
J. Jamison finds the lower court properly granted family services' motion for permanent custody of the child. The mother's prolonged stay in Utah showed a lack of commitment, while her aggressive and threatening behavior toward the child, which included telling her she would "beat her ass," prevented her from providing a safe and stable home. Affirmed.
Court: Ohio Court Of Appeals, Judge: Jamison, Filed On: February 29, 2024, Case #: 2024-Ohio-741, Categories: Evidence, Family Law
J. Gallagher finds the juvenile court properly transferred defendant's case to adult court. Although he was only 14 at the time he committed the murders, he had already failed to respond to counseling and interventions, had a violent criminal history and was the principal offender of the crime at issue, which involved shooting two victims in the back without any provocation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 29, 2024, Case #: 2024-Ohio-729, Categories: Criminal Procedure, Juvenile Law, Murder
J. Forbes finds the evidence at trial was sufficient for the jury to convict defendant of voluntary manslaughter. His admission he shot the victim even though he claimed he acted in self-defense after being pushed satisfies the mens rea and is sufficient to prove he knowingly killed the victim under Ohio law. Meanwhile, testimony from witnesses that defendant walked toward the victim, who was on the ground, and fired additional shots after their initial altercation showed defendant was the aggressor, was not in imminent danger and was sufficient for the state to disprove his claim of self-defense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: February 29, 2024, Case #: 2024-Ohio-726, Categories: Evidence, Self Defense, Manslaughter
J. Wilkin finds that inconsistencies in the testimony of the victim's uncle do not render defendant's conviction for unlawful sexual conduct with a minor improper. Not only was the jury in the best position to determine witness credibility, but text messages proved defendant was at home on the night of the assault when he asked the victim to return a drill borrowed by the uncle, who lived across the street. Meanwhile, testimony from a police officer that defendant did not wish to make a statement during the investigation did not prejudice the jury against him because his decision to remain silent was not mentioned in opening or closing arguments, while there was also overwhelming evidence to support his guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-794, Categories: Evidence, Jury, Sex Offender
J. Wilkin finds testimony from the co-defendant was sufficient to convict defendant of theft. It established all elements of the crime and proved that defendant's destruction of the remote control prevented the victim from retrieving his drone before he left the scene of the crime, while both the drone and remote were also later found burned in defendant's fire pit. Meanwhile, the trial court properly admitted a detective's testimony about the VIN number of the vehicle driven by defendant during the crime without providing any verification of the number because the evidence was cumulative and defendant's ownership of the vehicle was supported by other testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-805, Categories: Evidence, Theft, Assault
J. Zmuda finds that while defendant denied being at the scene of the crime where a gun was fired and the victim was pistol-whipped, three witnesses' testimony that he was the perpetrator of the offenses was sufficient to convict him because the jury was in the best position to determine the credibility of all the witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 26, 2024, Case #: 2024-Ohio-694, Categories: Evidence, Firearms, Assault
J. Zimmerman finds that the trial court erroneously granted the steel building company's motion for judgment notwithstanding the verdict on the farm owners' interference with a contract claim. Although the company was entitled to file a mechanic's lien against the farm when the owners failed to pay for a barn, its refusal to remove a defective lien, which was incorrectly placed on the land and not the farm itself, interfered with the owners' relationship with its bank, who had a priority lien on the property. Meanwhile, the trial court should have granted the owners' motion for judgment notwithstanding a verdict on the building company's contract claim because its failure to deliver a building that met design specifications constituted a prior breach of the parties' agreement that excused the owners from further payments. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: February 26, 2024, Case #: 2024-Ohio-698, Categories: Interference With Contract, Contract
J. Lewis finds the lower court erroneously denied the grandmother's petition to adopt the children for lack of jurisdiction. The Hague Convention does not apply to the children, who are both lawful permanent residents of the U.S.; therefore, the case must be remanded to allow for proper consideration of the petition. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 23, 2024, Case #: 2024-Ohio-682, Categories: Family Law, Immigration
J. Welbaum finds the trial court properly denied defendant's motion to sever various criminal charges to allow for separate trials as to each of his victims. The evidence for each victim was simple and direct and would have been admissible as other acts evidence if separate trials had taken place. Meanwhile, the trial court properly denied defendant's motion to merge kidnapping for the purpose of sexual assault and rape convictions because his prolonged seizure of the victim was a separate and distinct animus from the rape of the victim, which allowed each conviction to carry its own sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 23, 2024, Case #: 2024-Ohio-684, Categories: Sentencing, Sex Offender, Kidnapping
J. Gallagher finds the lower court properly denied the father's motion to amend his filings to include arguments regarding custody of the child. The mother did not consent to litigate the issue of custody at the hearing intended solely to determine whether the father received adequate parenting time under the couple's shared parenting plan; therefore, any discussion of that issue by the father would have violated the mother's due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 22, 2024, Case #: 2024-Ohio-661, Categories: Civil Procedure, Family Law, Due Process
[Consolidated.] J. Zmuda finds the trial court properly granted permanent custody of both children to family services. Although the grandmother had a strong bond with each child and followed the department's case plan, she had an unstable housing situation and the children had thrived since being placed with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 22, 2024, Case #: 2024-Ohio-686, Categories: Evidence, Family Law
J. Kilbane finds the lower court improperly granted the hospital's motion in limine to exclude the estate's expert witness. The physician testified with the required degree of medical certainty the hospital's failure to recognize symptoms of acidosis and renal dysfunction was the proximate cause of the decedent's death. Although the physician could not testify the exact cause of the decedent's ischemic bowel, such specificity was not necessary to establish proximate cause; therefore, the expert testimony should have been admitted and the hospital's motion for summary judgment denied. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: February 22, 2024, Case #: 2024-Ohio-659, Categories: Experts, Wrongful Death, Medical Malpractice
J. Delaney finds the trial court properly denied the construction company's motion for judgment notwithstanding the verdict after the jury ruled in favor of the salon owner on its counterclaim for civil theft. Evidence in the record clearly established the construction company forged a receipt for one of the payments made by the salon, while the damages for the theft claim were also separate from those made in the contract counterclaim, which allowed both to be submitted to the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 20, 2024, Case #: 2024-Ohio-634, Categories: Construction, Damages, Contract
J. Miller finds that despite defendant's claim he did not assault the victim to steal her phone, the state was not required to prove his mental state to convict him of robbery. Rather, it was required to prove he threatened or inflicted serious physical harm on the victim and, therefore, his conviction was supported by sufficient evidence because he took the phone immediately after he punched and dragged the victim. Meanwhile, the failure by defendant's attorney to object to potential hearsay testimony from a detective about inconsistencies in the victim's story did not prejudice defendant or rise to the level of ineffective assistance of counsel. The victim's testimony alone was sufficient to convict defendant of all three offenses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: 2024-Ohio-629, Categories: Evidence, Ineffective Assistance, Robbery
J. Williamowksi finds the lower court properly granted permanent custody of the children to family services. Although the father had a bond with the children and clearly loved them, they expressed a desire to remain with their foster family and the father was unable to provide a safe environment as a result of various drug addictions and serious mental health issues, including bipolar disorder and schizophrenia. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-626, Categories: Evidence, Family Law
J. Williamowski finds the trial court in Henry County was the proper venue for defendant's trial on a charge of engaging in a pattern of corrupt activity. Testimony from various witnesses, including confidential informants, established defendant was part of a gang and sold cocaine and other drugs at a street corner within the court's jurisdiction. Meanwhile, testimony from an informant who bought and then distributed drugs from the street corner established a criminal enterprise and was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-627, Categories: Drug Offender, Evidence, Jurisdiction
J. Huffman finds the lower court properly granted custody of the children to their uncle. Neither parent took responsibility for actions that led to the initial removal of the children, including anger management and drug issues, while they also failed to complete the majority of their case plans, failed numerous drug tests and missed visitations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: February 16, 2024, Case #: 2024-Ohio-601, Categories: Evidence, Family Law
J. Boyle finds the trial court properly denied defendant's motion to exclude a video interview of the victim conducted by a child advocacy group employee. The interview was not conducted to collect evidence for a criminal prosecution; rather, the interview was used to assess the victim's safety, determine if the perpetrator of the alleged assault was still a threat to her, and to determine the extent of any physical injuries. Meanwhile, even though the single count of gross sexual imposition for which defendant was convicted was based on conduct that occurred outside the county in which the trial court is based, it retained jurisdiction over the charge because the act was part of a course of criminal conduct consistent with the other four counts of the indictment, all of which took place inside the county. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: February 15, 2024, Case #: 2024-Ohio-571, Categories: Evidence, Sex Offender, Jurisdiction
J. Keough finds the lower court properly denied the attorney's motion to dismiss on the grounds of res judicata. Although the firm to which he belongs was sued by the same law firm that acted as landlord to the parties, the attorney would not have been individually liable for any judgment in that case, which allowed the landlord law firm to bring the present action against him in his individual capacity. Meanwhile, the contract claim was properly decided in the landlord law firm's favor. Its decision to change the locks after the attorney vacated his leased space did not breach the parties' agreement, especially in light of the attorney's testimony that he removed his equipment and furniture because he did not intend to return. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 15, 2024, Case #: 2024-Ohio-579, Categories: Landlord Tenant, Contract