652 results for 'court:"Ohio Court Of Appeals"'.
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1849, Categories: Criminal Procedure, Drug Offender, Discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1848, Categories: Criminal Procedure, Drug Offender, Discovery
J. Waldick finds the trial court properly terminated the father's parental rights and granted permanent custody of the child to family services. He only visited the child once in person throughout the duration of his custody case, refused to enroll in anger management classes as part of his case plan and did not complete the majority of the objectives in that case plan. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: May 13, 2024, Case #: 2024-Ohio-1846, Categories: Evidence, Family Law
J. Byrne finds the trial court properly admitted statements made by the victims to a social worker about defendant's sexual abuse. All of the statements were made for the purposes of a medical diagnosis and treatment. Meanwhile, the testimony from the social worker, when combined with the victim's testimony, was sufficient to establish all elements of the rape offenses and for the jury to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 13, 2024, Case #: 2024-Ohio-1834, Categories: Evidence, Sex Offender
[Consolidated.] J. Winkler finds that the lower court properly granted the insurers' motion for summary judgment and determined they were not required to indemnify Chiquita for lawsuits related to its funding of Colombian terrorist organizations. The intentional act of providing funds to the groups led to the deaths of the plaintiffs in the lawsuits and, therefore, cannot be considered accidents under the insurance policies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: May 10, 2024, Case #: 2024-Ohio-1775, Categories: Insurance, Tort, Contract
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J. Welbaum finds the trial court properly denied defendant's motion to merge his robbery and theft convictions for sentencing purposes. Although they involved the same incident of shoplifting, the theft occurred when he initially left the store, while the robbery took place as he fled from security and drove away in his vehicle. Meanwhile, the distinctive clothing worn by defendant when he was arrested and identified by the store employee, as well as merchandise found in defendant's home that matched items stolen from the store, was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 10, 2024, Case #: 2024-Ohio-1801, Categories: Criminal Procedure, Evidence, Robbery
J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: Civil Procedure, Damages, Medical Malpractice
J. Zmuda finds the lower court erroneously denied the superintendent's motion for summary judgment on defamation claims brought by the principal. The statements about accusations of sexual harassment and inappropriate touching of students were made only after a complete investigation and were not reckless or malicious, given that they included only verbatim statements from the investigative report; therefore, the superintendent was entitled to political subdivision immunity. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: May 10, 2024, Case #: 2024-Ohio-1798, Categories: Employment, Immunity, Defamation
J. Baldwin finds the lower court properly found the mother's consent was not required to complete the adoption of her child. She failed to file an objection within 14 days of receiving notice of the adoption. Although the mother requested an attorney within the 14-day time limit, that request is wholly unrelated to the objection requirement, which does not violate any due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 8, 2024, Case #: 2024-Ohio-1818, Categories: Family Law, Due Process
J. Hoffman finds defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment right to bear arms. The states' bans on felons owning firearms is reasonably related to the legitimate government interest of keeping weapons out of the hands of dangerous individuals. Meanwhile, defendant's motion to suppress the results of a search of his home was properly denied by the trial court despite the lack of certain details from the affidavit used by police to secure a search warrant. The confidential informant used by police, despite not being named, had provided correct information in the past, while other details about defendant's drug trafficking out of the home were confirmed by surveillance and established probable cause. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 7, 2024, Case #: 2024-Ohio-1760, Categories: Constitution, Firearms, Search
J. Wilkin finds the trial court properly granted the Department of Forestry's motion to quiet title. Its expert witness established property boundaries for the state park and the neighboring landowner, including former boundary agreements and markers on the disputed land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 7, 2024, Case #: 2024-Ohio-1842, Categories: Government, Property, Experts
J. Byrne finds the lower court properly applied the "primary-assumption-of-risk" doctrine and granted the motions for summary judgment filed by the daycare and swimming pool. the risk of drowning at the pool was voluntarily assumed by the child and his parents when he swam during a trip with his daycare class. Although the daycare did not communicate its "swimmers" and "non-swimmers" wristband policy to lifeguards when its children arrived at the pool, this did nothing to increase the risk of drowning, especially considering the lifeguards could not see the child's wristband and he was in the proper, shallow end of the pool when he went underwater. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 6, 2024, Case #: 2024-Ohio-1726, Categories: Evidence, Negligence
J. Piper finds the lower court properly compelled arbitration to determine the proper beneficiaries of the estate's investment accounts. Although the investment company filed its indemnification claim outside the statute of limitations, the arbitrator must make the ultimate determination as to whether it has jurisdiction over the claims. Additionally, the investment company did not waive its right to arbitration when it delayed its request because it did not file any counterclaims, engage in discovery or take any other actions that could be construed as a willingness to litigate the dispute in court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Piper, Filed On: May 6, 2024, Case #: 2024-Ohio-1729, Categories: Arbitration, Civil Procedure, Wills / Probate
J. Zimmerman finds inconsistencies in testimony provided by the victim and several eyewitnesses did not render defendant's assault conviction against the weight of the evidence. Although he claimed to have acted in self-defense when he stabbed the victim nine times, he admitted to voluntarily engaging in a fight with the victim, while there was no evidence to suggest he was in serious danger. Furthermore, the trial court was not required to give a provocation instruction to the jury because there was no evidence in the record to indicate defendant acted out of a "sudden fit of passion" following a dispute with the victim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 6, 2024, Case #: 2024-Ohio-1750, Categories: Assault, Weapons, Self Defense
J. Hoffman finds that defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment rights. The law is related to the government's reasonable goal of keeping guns out of the hands of dangerous individuals. Meanwhile, the trial court properly denied defendant's motion to suppress because the affidavit used to secure a search warrant included specific information about the property provided by a reliable informant and was also based on surveillance of the property. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 6, 2024, Case #: 2024-Ohio-1827, Categories: Constitution, Drug Offender, Firearms
J. Powell finds the lower court properly granted permanent custody of the children to family services. Although one of the children expressed a desire to be reunited with his siblings, the father's incarceration and mother's abandonment of the children for a year during the custody case prevented them from providing a safe and stable home for the children. The mother also refused to complete large portions of her case plan and continued her relationship with the father, despite his social and mental health issues and continued abuse of cocaine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: May 6, 2024, Case #: 2024-Ohio-1732, Categories: Evidence, Family Law
J. Williamowski finds the trial court properly denied defendant's motion to dismiss for double jeopardy violations. Although his initial convictions for retaliation and attempted murder were vacated on improper venue grounds, the vacatur of those convictions had nothing to do with his criminal culpability and were instead the result of a procedural error that did not implicate his double jeopardy rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: May 6, 2024, Case #: 2024-Ohio-1736, Categories: Criminal Procedure, Murder, Double Jeopardy
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: Family Law, Judiciary, Jurisdiction
J. Mayle finds defendant's domestic violence conviction is supported by sufficient evidence. Testimony from hospital staff about the injuries sustained by the victim, including a fractured orbital bone and bruising, established she suffered serious physical harm, while descriptions of defendant's behavior at the hospital, which included yelling at the victim and showing no concern, established he was the perpetrator of the offense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1711, Categories: Evidence, Domestic Violence
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Arbitration, Jurisdiction, Contract
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial. The discovery violation committed by the prosecution - a failure to disclose certain parole documents - was harmless, as the facts of his parole were irrelevant to the single charge of escape named in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Escape, Discovery
J. Ryan finds defendant's convictions were not against the weight of the evidence despite his claims of self-defense. One of his shooting victims testified he was the aggressor in the buildup to the shooting and told her he would continue to shoot after his initial burst of gunfire, all of which allowed the jury to discredit his self-defense claim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: May 2, 2024, Case #: 2024-Ohio-1693, Categories: Murder, Self Defense
J. Wise finds the lack of physical evidence against defendant did not prevent the jury from finding him guilty of rape. The victim's uncontroverted testimony established all elements of the offense and was not contradicted by any of the testimony provided by her mother or defendant's daughter. Meanwhile, the mention of defendant's previous prison time by his daughter did not deprive him of a fair trial because the testimony was elicited by his own attorney during cross-examination and, in any case, was stricken from the record by the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: May 2, 2024, Case #: 2024-Ohio-1717, Categories: Evidence, Fair Trial, Sex Offender
J. Bock finds the trial court properly awarded the wife equity in the marital residence. Although the husband made financial contributions to the property during the couple's marriage, he financially abandoned her during their separation, which entitled her to the equity award. Meanwhile, the court properly denied the husband's request for spousal support because he was not working to his full earning capacity and failed to provide any evidence he was unable to find full-time employment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: May 1, 2024, Case #: 2024-Ohio-1663, Categories: Evidence, Family Law
J. Smith finds that despite defendant's claim he did not open his knife before he threw it at the moving vehicle being driven by the victim, his murder and assault convictions were supported by sufficient evidence and the state proved intent by introducing testimony from a hotel employee that he and the victim had argued before she drove away, as well as surveillance footage that showed him throwing the knife. The issue of whether defendant opened the knife consciously prior to throwing it was irrelevant because his decision to throw the object clearly proved an intent to cause harm, while his initial denial of throwing anything also weighed against his credibility as a witness. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: May 1, 2024, Case #: 2024-Ohio-1680, Categories: Evidence, Murder, Assault
J. Trapp finds the trial court properly excluded testimony from defendant's expert witness during his vehicular homicide case. Not only did the expert challenge the state's testing methodology regarding the level of marijuana metabolite in defendant's system - testimony excluded by Ohio law - but the state did not have to prove defendant was actually impaired at the time of the fatal wreck, as his vehicular homicide charge was a per se offense. Meanwhile, the vehicular homicide charge does not violate due process because it is reasonably related to keeping Ohio's roadways and the general public safe from impaired drivers. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: April 29, 2024, Case #: 2024-Ohio-1648, Categories: Dui, Vehicular Homicide, Experts
J. Eklund finds that although the husband made the $15,000 payment from his deferred compensation account prior to the couple's signing of their dissolution agreement, the lower court properly found the payment satisfied his obligation because the payment was made less than one month before the agreement was signed and it was consistent with the unambiguous terms of the agreement. Meanwhile, even though the separation agreement required the husband to make payments for the wife's student loans, the parties "side agreement" to forego such payments and the wife's decision not to attempt collection for over six years after their divorce supported the court's decision to find she relinquished any right to the payments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: April 29, 2024, Case #: 2024-Ohio-1646, Categories: Evidence, Family Law
J. Hess finds defendant's erratic and "moody" behavior during the traffic stop and field sobriety tests conducted by the arresting officer, along with his admissions he smoked marijuana and drank alcohol earlier in the day, was sufficient for a reasonable jury to find him guilty of DUI, especially considering he drove across the center line immediately before the stop. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: April 26, 2024, Case #: 2024-Ohio-1642, Categories: Evidence, Dui
J. Kinsley finds the trial court erroneously denied defendant's motion to suppress statements made to police after he was pulled over. The arresting officer ordered defendant out of his vehicle, made several commands, accused him of several crimes, and questioned him for more than 44 minutes, all of which would have led defendant to believe he was in custody at the time of the questioning and required the officer to read him his Miranda rights. Additionally, the trial court erroneously admitted evidence of defendant's actions in Georgia before the victim was found dead in her home. The evidence was used only to establish intent - which was never challenged by defendant - and, therefore, it was "other acts" evidence that should have been excluded. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: April 26, 2024, Case #: 2024-Ohio-1604, Categories: Evidence, Miranda, Murder