8 results for 'judge:"Bock"'.
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. Bock finds the trial court properly denied a doctor and his employer’s request for judgment and motion for credit in this medical malpractice lawsuit. The doctor and his employers argue that the trial court erred in awarding the family prejudgment interest, but did not object to the holding of a prejudgment interest hearing, nor did they respond. The assignments of error are overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: April 3, 2024, Case #: 2024-Ohio-1258, Categories: Enforcement Of Judgments, Medical Malpractice
J. Bock finds the child victim's testimony was sufficient to establish all the elements of the rape offenses with which defendant was charged. While there were some inconsistencies between her statements to investigators and testimony at trial, none of her trial testimony contradicted any previous claims and the jury was in the best position to determine her credibility. Meanwhile, although the doctor's statement at trial that there was a "high likelihood that abuse has occurred" was inappropriate vouching for the victim, the error was harmless because the state did not mention the comment at any point during trial and there was other, overwhelming evidence to support defendant's convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: March 8, 2024, Case #: 2024-Ohio-851, Categories: Evidence, Sex Offender, Child Victims
J. Bock finds the trial court properly suppressed evidence from a police interrogation of defendant in his assault case. His constitutional right to counsel attached at his arraignment and, therefore, he could not waive that right absent his attorney prior to the interrogation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: November 15, 2023, Case #: 2023-Ohio-4105, Categories: Constitution, Miranda
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J. Bock finds the lower court properly determined the mother had abandoned her daughters and granted permanent custody to their grandmother. The mother admitted she made no attempts to contact her children when she returned to Ohio from Texas, while the grandmother had custody of the younger daughter for nearly her entire life and provided a safe and stable environment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: October 18, 2023, Case #: 2023-Ohio-3776, Categories: Evidence, Family Law
J. Bock finds the trial court properly allowed testimony during defendant's assault case concerning his retreat into his home during the altercation with the victim. None of the testimony or jury instructions mentioned anything about a duty to retreat that could have influenced the jury. Furthermore, defendant's decision to escalate the argument with the victim several times by first retrieving a gun from his home and then re-engaging after things had settled down disproved his theory of self-defense. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: October 6, 2023, Case #: 2023-Ohio-3641, Categories: Evidence, Assault, Self Defense
J. Bock finds that the lower court did not err when it found the prenuptial agreement between the parties was valid and enforceable because evidence in the record indicates the wife signed the agreement prior to the wedding. The husband's alleged misstatement of assets is based on speculation by the wife, which is insufficient to support her contention the document was the result of fraud. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: August 2, 2023, Case #: 2023-Ohio-2673, Categories: Family Law, Fraud, Contract