11 results for 'judge:"Duhart"'.
[Consolidated.] J. Duhart finds the trial court properly struck portions of an expert witness's affidavit provided on behalf of the injured employee. The witness specifically claimed the employer knew the dangerous nature of an asphalt mixing tank and acted with deliberate intent to injure the employee, which exceeded the scope of his knowledge. Meanwhile, even though OSHA had instructed the employer to put a safety cover on the mixer, the employee failed to prove deliberate intent to injure, considering his testimony that he had worked on the machine for over eight years and did not consider it unsafe; therefore, the court properly granted the employer's motion for summary judgment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: April 26, 2024, Case #: 2024-Ohio-1617, Categories: Employment, Tort, Experts
J. Duhart finds the trial court did not violate defendant's due process rights when it refused to consider his claim of self-defense. The evidence in the record overwhelmingly proved he was the instigator of the altercation with the landscaping worker and any self-defense claim would have been meritless, considering defendant ran over the victim with his car and escalated the situation by leaving his vehicle and throwing the first punches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: March 8, 2024, Case #: 2024-Ohio-858, Categories: Evidence, Assault, Self Defense
J. Duhart finds the lower court properly terminated the father's parental rights and granted permanent custody of the child to family services. Although he complied with parts of his case plan, he failed to maintain sobriety, and his arrest and incarceration prevents him from providing a safe home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: January 26, 2024, Case #: 2024-Ohio-281, Categories: Evidence, Family Law
[Consolidated.] J. Duhart finds the lower court properly terminated the parents' parental rights and granted permanent custody of their children to family services. Although they completed a portion of their case plans, they refused to remedy substance abuse issues or obtain stable employment and housing that would have allowed them to provide a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: January 12, 2024, Case #: 2024-Ohio-111, Categories: Evidence, Family Law
J. Duhart finds defendant's speedy trial rights were not violated when she was brought to trial more than 270 days after being charged with assault. Although the domestic violence charge added to her indictment arose from the same set of facts and did not restart the speedy trial clock, the multiple continuances filed by defendant and her attorney tolled the clock and rendered the delay reasonable. Meanwhile, the failure by defendant's attorney to object to police bodycam footage admitted at trial did not constitute ineffective assistance because the statements on the video were excited utterances made immediately after the fight between defendant and the victim and, therefore, any objection would have been overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: November 3, 2023, Case #: 2023-Ohio-4403, Categories: Ineffective Assistance, Domestic Violence, Speedy Trial
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J. Duhart finds the trial court properly denied defendant's motion for a self-defense jury instruction on the assault charge related to three warning shots fired after he initially shot the victim in the chest. Evidence indicates any danger had passed after the first shot struck the victim and the confrontation was effectively over. Defendant had started walking to his vehicle at the time he fired the warning shots, which clearly indicated he was not in fear for his life and intended to leave the scene. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: September 29, 2023, Case #: 2023-Ohio-3543, Categories: Firearms, Assault, Jury Instructions
[Consolidated.] J. Duhart finds the trial court properly terminated the mother's parental rights. She failed to put into use any of the skills learned during parenting classes, lied to family services employees about her continued relationship with their father, who was violent and involved in drug trafficking, and could not provide a safe home for the children, who were exposed to violence, gunfire, and other dangers while in her custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: August 16, 2023, Case #: 2023-Ohio-2868, Categories: Evidence, Family Law
J. Duhart finds the trial court properly denied defendant's motion to suppress the victim's identification evidence, which was the result of an unbiased photo array conducted by two detectives who made no suggestive statements to the victim. Meanwhile, the severity of the victim's injuries, which included several lacerations, eight puncture wounds, and partial disembowelment, was more than enough evidence to support the assault and attempted murder convictions when coupled with the victim's testimony about the attack. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: August 11, 2023, Case #: 2023-Ohio-2800, Categories: Evidence, Assault, Identification
J. Duhart finds the trial court properly denied defendant's motion to exclude identification evidence made through the use of a photo array during his murder trial. Although he was the only individual pictured with a unibrow and with a photo taken in front of a white background, the backgrounds of the other images are all different colors, all of the individuals' hairstyles are different, and there is nothing unduly suggestive about the array. Meanwhile, the trial court properly excluded a statement from the mother of a deceased individual who allegedly claimed to be the shooter because the individual had already been investigated and denied any involvement until the admission to his mother more than a year later and immediately before his death; therefore, there was insufficient evidence to support the trustworthiness of the statement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 30, 2023, Case #: 2023-Ohio-2243, Categories: Evidence, Murder, Identification
J. Duhart finds the trial court properly denied defendant's request during his case for illegal voting to include the federal definition of "voting more than once" in the jury instructions. Although Ohio law does not define the phrase, it is easily understood through the state's binding law to define words by common usage. Meanwhile, the trial court properly excluded testimony from defendant about his reasons for attempting to vote twice because it was clearly established he did so, which made the rationale irrelevant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 30, 2023, Case #: 2023-Ohio-2249, Categories: Fraud, Jury Instructions
J. Duhart finds the lower court properly granted permanent custody of the children to family services. The father not only failed to have contact with them for more than 90 days, but also failed to remedy any of the issues that led to their initial removal, including deplorable housing conditions and domestic violence issues. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 12, 2023, Case #: 2023-Ohio-1960, Categories: Evidence, Family Law