11 results for 'judge:"Ryan"'.
J. Ryan finds that the trial court properly convicted defendant for aggravated murder, murder, attempted murder, felonious assault, tampering with evidence and carrying a concealed weapon after she shot two women at her workplace. She alleges self-defense for killing the one woman and injuring the other, but the jury rejected her claim. The state showed enough evidence to uphold the conviction for aggravated murder, and the jury’s rejection was not against the weight of evidence. The case is remanded for execution of sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: May 16, 2024, Case #: 2024-Ohio-1895, Categories: Evidence, Jury, Self Defense
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. Ryan finds the lower court properly granted the employer's motion for summary judgment. Although the nursing manager made comments about potential safety issues shortly before her termination, none of the issues implicate a specific public policy that would allow her to prevail on her wrongful termination claim, while her abrasive and bully-like behavior toward subordinates gave the employer a legitimate reason to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1471, Categories: Employment, Health Care, Employment Retaliation
J. Ryan finds the trial court properly admitted screenshots of Facebook messages at defendant's trial even though they were submitted only one day before the trial began. The prosecution was not made aware of the evidence until it was submitted to the court and promptly informed defendant and provided the screenshots to his attorney. Meanwhile, testimony from defendant's co-conspirator that defendant was the shooter was sufficient to convict him of murder, even though the testimony was part of a plea deal with the state. In any case, that testimony was corroborated by surveillance footage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1469, Categories: Evidence, Murder
J. Ryan finds the trial court properly granted permanent custody of the twins to family services. Both the mother and father failed to complete parenting and substance abuse classes that were part of their case plans, while the children were thriving with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: February 8, 2024, Case #: 2024-Ohio-453, Categories: Evidence, Family Law
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J. Ryan finds the lower court erroneously upheld family services' denial of Medicaid benefits to the long-term care resident. The rejection notice failed to include a required denial code that would have provided her with adequate information about why her claim had been refused. Additionally, the resident's assignment of several life insurance policies to a funeral home reduced the amount of resources she could allocate toward daily care at the long-term facility, which qualified her for Medicaid benefits. Reversed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-160, Categories: Health Care, Insurance, Medicaid
J. Ryan finds the trial court properly denied defendant's motion to admit treatment history of one of the victims into evidence at his trial on sexual assault charges. The medical evidence was related solely to the victim's suicidal ideations, not any of the assaults, and, therefore, was privileged. Meanwhile, corroborating testimony from each of the victims about defendant's various assaults was sufficient to convict him of both rape and gross sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-157, Categories: Evidence, Sex Offender, Discovery
J. Ryan finds defendant's conviction for gross sexual imposition in relation to the mail carrier he grabbed was not supported by sufficient evidence. The only force involved in the crime was the act itself; therefore, the conviction will be modified to sexual imposition. Furthermore, because the 2-year delay in prosecuting defendant's case was largely the result of pandemic-related continuances, his claim for speedy trial violations is meritless. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: December 7, 2023, Case #: 2023-Ohio-4413, Categories: Evidence, Sex Offender, Speedy Trial
J. Ryan finds the trial court properly imposed consecutive sentences in defendant's sex abuse case. The record shows defendant raped four victims, including his stepchildren and biological daughter, over a 12-year period and caused substantial harm to all of the victims, one of which was diagnosed with PTSD as a result of the abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: November 9, 2023, Case #: 2023-Ohio-4068, Categories: Sentencing, Sex Offender, Child Victims
J. Ryan finds the lower court properly granted permanent custody of the mother's four children to family services. Although she engaged in drug rehab and mental health services following their initial removal, she failed to maintain her sobriety, did not establish stable housing and could not provide for the basic needs of the children, who needed the stability of a permanent home. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: September 14, 2023, Case #: 2023-Ohio-3251, Categories: Evidence, Family Law
J. Ryan finds defendant's attorney did not provide ineffective assistance when he failed to object to the trial court's joinder of both defendant's indictments. All of the criminal charges were part of a single course of criminal conduct that occurred over a period of several days, while the evidence for each charge was distinct and unlikely to confuse the jury. Meanwhile, the trial court was not required to make factual findings before it imposed consecutive sentences because the life without parole sentence for defendant's murder conviction made the rest of the sentences purely academic, according to previous rulings from this court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: June 1, 2023, Case #: 2023-Ohio-1817, Categories: Ineffective Assistance, Murder, Sentencing