8 results for 'judge:"Edelstein"'.
J. Edelstein finds the trial court's finding of financial misconduct on the part of the husband was unsupported by the evidence. Although he undoubtedly used the majority of his retirement assets to fund the startup of an ultimately failing business, the wife was aware of his conduct, agreed to refinance the couple's mortgage well after the business had failed and knew the assets were liquidated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: April 9, 2024, Case #: 2024-Ohio-1339, Categories: Evidence, Family Law
J. Edelstein finds that while the testimony of the state's key witness contained some inconsistencies, including a claim he never touched any weapon used in defendant's crimes that was rebutted by DNA evidence found on a gun magazine, his identification of defendant as the shooter, both at trial and during a photo lineup, was sufficient to convict defendant of the majority of the shooting-related crimes with which he was charged. However, the grainy surveillance footage of the third shooting - the sole physical evidence presented by the prosecution - and the same witness's identification of defendant by his gait was insufficient to prove defendant committed that particular crime and all convictions related to it must be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: January 11, 2024, Case #: 2024-Ohio-92, Categories: Evidence, Murder, Identification
[Consolidated.] J. Edelstein finds the trial court erroneously imposed a definite sentence following defendant's conviction for aggravated burglary. The Reagan Tokes Law, which was recently held constitutional by the Ohio Supreme Court, applied to the crime and required an indefinite sentence, which must be imposed on remand. Meanwhile, the trial court properly allowed the state's expert witness, a nurse, to testify about the injuries sustained by the victims. Although her qualifications were not provided to the defense until immediately prior to her testimony, the evidence she provided was not crucial in establishing any of the elements of the crimes for which he was convicted. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: November 3, 2023, Case #: 2023-Ohio-3994, Categories: Burglary, Sentencing, Experts
[Consolidated.] J. Edelstein finds the trial court did not violate defendant's confrontation rights when it allowed dashcam footage of a victim taken shortly after the break-in and shooting to be admitted at trial. Not only were the statements from the victim made to medical personnel as they treated him, but they were recorded in the immediate aftermath of the incident and, therefore, were excited utterances. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: October 24, 2023, Case #: 2023-Ohio-3852, Categories: Evidence, Assault
J. Edelstein finds the trial court properly granted defendant's motion to suppress all evidence obtained by the police officer's search because by the officer's own admission, he had no probable cause or any reasonable suspicion to either arrest or stop defendant when he exited his car and began walking toward his apartment. Although defendant began to run when another officer arrived, the officer's interrogation as they walked was a seizure and invalidated the later search. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: September 28, 2023, Case #: 2023-Ohio-3495, Categories: Firearms, Search
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J. Edelstein denies the state's motion for leave to appeal, ruling that the trial court did not abuse its discretion when it granted defendant's motion for a new trial based on newly discovered evidence because even though he presented evidence the victim did not die of shaken baby syndrome at his original trial in 2003, the expert testimony he provided in his motion represents a "quantum leap" in the medical community's understanding of injuries caused by shaking, as well as natural explanations for the types of injuries that led to the victim's death. Additionally, the developments in diagnosing the cause of death for infants were clearly unavailable at the time of defendant's 2003 trial, are integral to his defense, and present a strong possibility of a different outcome; therefore, the motion for a new trial was properly granted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: August 1, 2023, Case #: 2023-Ohio-2670, Categories: Murder, Experts, Child Victims
J. Edelstein finds the trial court erroneously granted the staffing agency's motion for summary judgment because its contract with the rolling door manufacturer did not require a termination notice be sent by certified mail. The certified mail provision of the contract dealt only with the exclusivity provision and, therefore, the manufacturer's termination notice was valid and ended the agreement. However, because the trial court failed to analyze whether any implied contract existed after the termination, the case must be remanded to allow for consideration of the staffing agency's claims related to that period of time. Reversed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: July 18, 2023, Case #: 2023-Ohio-2462, Categories: Conversion, Contract
J. Edelstein finds the trial court properly allowed Kroger to rely on the employee's criminal history as a reason to fire him. Although he disclosed his murder conviction during his interview and had been employed for several years without incident, he was an assistant manager and an at-will employee at the time of his termination; therefore, he was not protected by the union and its collective bargaining agreement and could be fired for any reason not contrary to law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: June 20, 2023, Case #: 2023-Ohio-2034, Categories: Employment, Employment Discrimination