14 results for 'judge:"Williamowski"'.
J. Williamowski finds the trial court properly denied defendant's motion to dismiss for double jeopardy violations. Although his initial convictions for retaliation and attempted murder were vacated on improper venue grounds, the vacatur of those convictions had nothing to do with his criminal culpability and were instead the result of a procedural error that did not implicate his double jeopardy rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: May 6, 2024, Case #: 2024-Ohio-1736, Categories: Criminal Procedure, Murder, Double Jeopardy
J. Williamowski finds the lower court properly granted the bar's motion for summary judgment because the depositions of numerous witnesses indicated the drunk driver was not at the business on the night he killed the decedent in an accident, which prevents the estate from proving any liability under Ohio's dram shop laws. Meanwhile, the lower court properly denied the estate's motion to compel forensic analysis of several cell phones because it failed to show there was any definitive proof on the cell phones, some of which had been accidentally destroyed in the two years since the accident. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: April 22, 2024, Case #: 2024-Ohio-1538, Categories: Negligence, Wrongful Death, Discovery
J. Williamowksi finds the lower court properly granted permanent custody of the children to family services. Although the father had a bond with the children and clearly loved them, they expressed a desire to remain with their foster family and the father was unable to provide a safe environment as a result of various drug addictions and serious mental health issues, including bipolar disorder and schizophrenia. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-626, Categories: Evidence, Family Law
J. Williamowski finds the trial court in Henry County was the proper venue for defendant's trial on a charge of engaging in a pattern of corrupt activity. Testimony from various witnesses, including confidential informants, established defendant was part of a gang and sold cocaine and other drugs at a street corner within the court's jurisdiction. Meanwhile, testimony from an informant who bought and then distributed drugs from the street corner established a criminal enterprise and was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-627, Categories: Drug Offender, Evidence, Jurisdiction
J. Williamowski finds defendant was not prejudiced at his trial on a murder charge when his attorney was unable to cross-examine a codefendant who pleaded guilty about the exact sentence he might have received without the plea. The codefendant was questioned about his motive for entering a plea, which properly informed the jury of the potential for false testimony, while the sentence he might have received at trial was undetermined. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: December 11, 2023, Case #: 2023-Ohio-4472, Categories: Murder, Plea, Witnesses
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J. Williamowski finds defendant's domestic violence convictions were not against the weight of the evidence. Although the victim admitted she struck him in the face during their altercation, she testified she acted in self-defense after he began the fight, while her claims were also supported by the arresting officer's description of red thumbprints on her neck when he arrived at the home. Meanwhile, the trial court properly denied defendant's motion for a self-defense jury instruction because his theory of the case was based on his claim he never struck or caused any harm to the victim and, therefore, could not establish he used justifiable force against her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: December 4, 2023, Case #: 2023-Ohio-4363, Categories: Evidence, Domestic Violence, Self Defense
J. Williamowski finds the markings and coloring of pills found in defendant's hotel room, when coupled with expert testimony from law enforcement, was sufficient to prove they were controlled substances and subsequently convict defendant on drug possession charges. Meanwhile, testimony from the victim about her activities with defendant did not constitute impermissible other acts evidence. Although she spoke about her escape from his hotel room, all of her testimony focused on drug trafficking and did not stray into criminal activity not included in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: November 6, 2023, Case #: 2023-Ohio-4021, Categories: Drug Offender, Evidence
J. Williamowksi finds the trial court was not required to sua sponte conduct a competency hearing prior to defendant's trial on assault charge. His comments about the unfairness of the judicial system and his refusal to accept court-appointed counsel did not raise any questions about his competence but merely demonstrated his frustration at the legal system. Meanwhile, the court properly allowed defendant to waive his right to counsel and represent himself because it conducted several hearings before it granted his motion, during which it clearly explained all of the dangers of self-representation and made completely sure defendant was willing to proceed without an attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: October 30, 2023, Case #: 2023-Ohio-3936, Categories: Competence, Assault, Self Representation
J. Williamowski finds testimony from a detective about defendant's use of the Back Page website to pay for prostitutes to satisfy "sexual urges" was highly prejudicial and defense counsel's failure to object prejudiced defendant. Although part of the state's case was to prove defendant had sexual desires despite a traumatic brain injury, there were numerous other ways to establish such desires, including the pornography at his home that was related to the charges. Defense counsel also failed to object to a social service worker's testimony she believed the victim, which was impermissible because it did not involve the medical assessment conducted by the worker. Reversed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: September 18, 2023, Case #: 2023-Ohio-3298, Categories: Fair Trial, Ineffective Assistance, Sex Offender
J. Williamowski finds defendant's slamming of the victim's head on the counter with both hands was more than sufficient to prove he intended to cause her harm after a verbal argument and allowed the jury to convict him of felonious assault. Meanwhile, the trial court properly included fees and prosecution costs as part of defendant's sentence, as it was not required under Ohio law to consider defendant's ability to pay. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: September 11, 2023, Case #: 2023-Ohio-3209, Categories: Evidence, Sentencing, Assault
J. Williamowski finds defendant's attempted murder conviction was supported by sufficient evidence that included his declaration to several witnesses he "shot the motherfucker," meaning the victim, as well as the victim's testimony he pulled out his gun and shot at him without warning from a close distance. Meanwhile, the prosecution carried its burden to disprove defendant's theory of self-defense, which was contradicted by evidence he never told police he was afraid at the time he shot at the victim and that the victim had no weapon of any kind at the time of their disagreement. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: August 28, 2023, Case #: 2023-Ohio-3015, Categories: Murder, Self Defense
J. Williamowski finds that the trial court did not abuse its discretion when it denied defendant's motion to suppress statements made to police during her initial interview because although her phone was taken away from her during the interview, the tone of the questioning remained friendly, while she was also properly read her Miranda rights before questioning about the specifics of the shooting that led to the victim's death. Meanwhile, the evidence in the record defendant was the initial aggressor when she struck the victim twice with a bat while he was sleeping, several days before she acquired a gun from a friend and shot the victim 10 times before attempting to conceal his body in the basement with a concrete barrier, all of which supported the trial court's decision to deny her request for a self-defense jury instruction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: August 7, 2023, Case #: 2023-Ohio-2720, Categories: Miranda, Murder, Self Defense
J. Williamowksi finds the lower court properly found for an employer on a worker's discimination and retaliation claims. The 20-week gap between the employee's reporting of racially charged comments by several of her subordinates, including that she acted like a "slave owner," and her termination prevents her from proving the causation element of her retaliation claim. Furthermore, there is no legal precedent in Ohio courts to allow the employee to base her wrongful termination claim on alleged violations of her Free Speech rights following her posting of a racist picture on Facebook. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: June 20, 2023, Case #: 2023-Ohio-2021, Categories: Employment Retaliation, First Amendment