6 results for 'judge:"Celebrezze"'.
J. Celebrezze finds the former East Cleveland council members are not entitled to writs of quo warranto or mandamus because the current council properly elected a replacement council member after the recall election, while there was sufficient evidence to support the claims of malfeasance against the member removed from his position.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: December 14, 2023, Case #: 2023-Ohio-4533, Categories: Elections, Government
J. Celebrezze finds the lower court erroneously granted defendant's motion to dismiss on the grounds of outrageous government conduct. Police officers' creation of a roadblock following his criminal conduct and attempt to flee does not rise to a level that would shock the conscience or constitute coercion on the part of law enforcement. Additionally, the trial court erroneously granted defendant's motion to suppress because it applied an improper legal test and required the state to prove the arresting officer had probable cause to initiate a traffic stop when the correct burden of proof was reasonable suspicion. Reversed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: November 16, 2023, Case #: 2023-Ohio-4126, Categories: Firearms, Search, Due Process
J. Celebrezze finds cell phone triangulation data presented during defendant's trial on robbery and kidnapping charges was properly authenticated and allowed the jury to infer he was at or near the scene of all the crimes, and when combined with similarities between defendant's gun and the weapon used during the crimes, was sufficient to convict him. Meanwhile, the 45 years added to defendant's sentence for firearm specifications was within the statutory range under Ohio law and, therefore, did not violate defendant's right to be free from cruel and unusual punishment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: November 2, 2023, Case #: 2023-Ohio-3970, Categories: Robbery, Sentencing, Kidnapping
J. Celebrezze finds defendant's struggle with the police officer and his decision to run constituted affirmative acts sufficient to support the guilty verdict on his obstruction charge, while the officer's use of force in the situation was reasonable, given defendant was in a public area wearing a mask and handling a firearm. Affirmed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: September 14, 2023, Case #: 2023-Ohio-3244, Categories: Evidence, Obstruction
J. Celebrezze III finds that the trial court improperly dismissed an animal cruelty indictment against defendant for recording a video of a juvenile repeatedly drowning a cat in a bathtub, encouraging the repeated drownings, and then posting the video on social media. Collateral estoppel does not bar the state from litigating the same issues against defendant as it did against the juvenile, because defendant was not a party to the prior action between the state and the juvenile. Reversed.
Court: Ohio Court Of Appeals, Judge: Celebrezze III, Filed On: July 13, 2023, Case #: 112050, Categories: Animal Cruelty
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J. Celebrezze III finds that the lower court properly found in favor of the law firm for the Halo Event Group member's legal malpractice claim alleging that the lawyer did not inform the member that he left the law firm. The lawyer did not waive his insufficiency-of-service argument, and because he left the case and the law firm, the law firm is not liable for any legal malpractice claims against the lawyer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Celebrezze III, Filed On: July 13, 2023, Case #: 112418, Categories: Legal Malpractice