18 results for 'judge:"Zmuda"'.
J. Zmuda finds the lower court erroneously denied the superintendent's motion for summary judgment on defamation claims brought by the principal. The statements about accusations of sexual harassment and inappropriate touching of students were made only after a complete investigation and were not reckless or malicious, given that they included only verbatim statements from the investigative report; therefore, the superintendent was entitled to political subdivision immunity. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: May 10, 2024, Case #: 2024-Ohio-1798, Categories: Employment, Immunity, Defamation
J. Zmuda finds that while defendant denied being at the scene of the crime where a gun was fired and the victim was pistol-whipped, three witnesses' testimony that he was the perpetrator of the offenses was sufficient to convict him because the jury was in the best position to determine the credibility of all the witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 26, 2024, Case #: 2024-Ohio-694, Categories: Evidence, Firearms, Assault
[Consolidated.] J. Zmuda finds the trial court properly granted permanent custody of both children to family services. Although the grandmother had a strong bond with each child and followed the department's case plan, she had an unstable housing situation and the children had thrived since being placed with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 22, 2024, Case #: 2024-Ohio-686, Categories: Evidence, Family Law
J. Zmuda finds the lower court properly granted permanent custody of the child to family services despite the father's completion of anger management services. He failed to submit to drug screens required as part of his case plan and showed no improvement in the ability to manage his angry outbursts despite completion of the classes. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 22, 2024, Case #: 2024-Ohio-280, Categories: Evidence, Family Law
J. Zmuda finds the trial court properly denied defendant's motion to limit out-of-court testimony provided by a confidential informant who purchased drugs. Defendant admitted in his own testimony to all of the drug sales mentioned by the informant. Meanwhile, defendant's argument he was a small-time dealer who only sold drugs to feed his own addiction did not require the court to impose concurrent sentences, as the serious nature of his conduct and status as a repeat offender allowed for consecutive sentences, especially considering the court made all required findings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 12, 2024, Case #: 2024-Ohio-115, Categories: Drug Offender, Evidence, Sentencing
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J. Zmuda finds the trial court did not violate defendant's confrontation rights when it admitted bodycam footage of a police officer speaking with the victims of his robbery. All of the statements were made in the immediate aftermath of the crime when, according to the officer, the victims were "scared and just kind of fearful," which allowed the video to be admitted under the excited utterance exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: December 29, 2023, Case #: 2023-Ohio-4853, Categories: Confrontation, Robbery, Identification
J. Zmuda finds the lower court properly found the mother a danger to herself and her children, and ordered her involuntary confinement. Substantial evidence supported its conclusion, including testimony from police who found her with a loaded gun in her dilapidated home while claiming a maintenance employee poisoned her with LSD and expert testimony from the physician who treated her when she was first hospitalized. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 22, 2023, Case #: 2023-Ohio-4239, Categories: Evidence, Health Care
J. Zmuda finds the lower court properly granted the city's motion for governmental immunity and summary judgment on negligence claims filed by the swimmer injured at its pool. Testimony from the lifeguard on duty the day of the accident that he inspected all of the grates around the pool before it opened was sufficient to prove no physical defect existed at the time of the injury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 17, 2023, Case #: 2023-Ohio-4163, Categories: Immunity, Negligence, Premises Liability
J. Zmuda finds the trial court properly denied defendant's motion for acquittal at the conclusion of his trial on arson and attempted murder charges. Although no eyewitness placed him at the scene of the crime, a lighter recovered less than 15 feet from the property contained his DNA, while he was also seen at the property in the days following the fire, which was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 3, 2023, Case #: 2023-Ohio-4009, Categories: Evidence, Murder, Arson
[Consolidated.] J. Zmuda finds that while defendant did not contribute financially to the victims of his domestic violence offense, his sexual relationship with one of them and the fact he spent long periods of time at their home was sufficient to prove cohabitation and allowed the trial court to convict him. Meanwhile, although the injuries sustained by the victim were not overly serious, the trial court properly imposed consecutive sentences because defendant showed no remorse for his actions and has a lengthy criminal history that includes at least 18 years in prison. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 29, 2023, Case #: 2023-Ohio-3537, Categories: Evidence, Sentencing, Domestic Violence
J. Zmuda finds defendant's murder and assault convictions were not against the weight of the evidence despite his claims of self-defense. All of the prosecution witnesses' testimony contradicted his account of an "angry, armed mob" trying to break into his apartment, which allowed the jury to discount the self-defense theory and convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 29, 2023, Case #: 2023-Ohio-3549, Categories: Jury, Murder, Self Defense
[Consolidated.] J. Zmuda finds the trial court properly denied defendants' motion to suppress because the police officers' experience, along with the location of the liquor store near a college campus, established reasonable suspicion to stop and ask defendants for their identification as they exited a liquor store. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 22, 2023, Case #: 2023-Ohio-3410, Categories: Juvenile Law, Search
J. Zmuda finds the trial court erroneously excluded defendant's expert witness during his trial on two rape charges. While it was not definitive, his testimony on interview techniques was highly relevant to defendant's argument the victims had been coached by their mother to ensure she maintained custody during the couple's divorce and had been improperly interviewed by a child services employee. Although defendant's attorney was able to cross-examine the employee who conducted the interviews with the victims, she defended her technique, while the prosecutor also made statements about her reliability during closing arguments, all of which prejudiced defendant and prevented him from providing a complete defense; therefore, defendant's convictions will be vacated and the case will be remanded for a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: August 11, 2023, Case #: 2023-Ohio-2803, Categories: Sex Offender, Experts
J. Zmuda finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. She failed to remedy the alcohol abuse and domestic violence issues that led to their initial removal. Although she attended domestic violence counseling services, she continued to have contact with a violent individual and also tested positive for alcohol and THC at several times throughout her case plan, all of which prevented her from providing a safe home for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: July 5, 2023, Case #: 2023-Ohio-2310, Categories: Evidence, Family Law
J. Zmuda finds the lower court properly determined it was in the best interest of the child to be placed permanently with the mother. Although the child expressed a desire to be placed with the father, evidence indicates the child was extremely well-adapted to his mother's home environment and school system, received excellent grades, and was exposed to more productive social situations when he was with her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: June 30, 2023, Case #: 2023-Ohio-2245, Categories: Evidence, Family Law
J. Zmuda finds the trial court erroneously granted the homebuilder's motion for summary judgment on negligence claims brought by a subcontractor who fell while completing drywall work. Although a construction site is inherently dangerous, the installation of guardrails on the second floor of the home was a critical variable controlled by the homebuilder that exposes it to liability. Although testimony indicates the drywallers were typically in charge of their work environment, there is conflicting evidence the homebuilder maintained control over the entire site, which creates a question of fact that could not be resolved on summary judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: June 23, 2023, Case #: 2023-Ohio-2090, Categories: Construction, Negligence
J. Zmuda finds the trial court erroneously admitted phone calls recorded while defendant was incarcerated because the state's submission of the evidence as party submissions based on the fact defendant confessed to his involvement in several other drug buys is not an exception under evidentiary guidelines for other acts evidence. However, the error was harmless given the other substantial evidence of defendant's guilt, including testimony and audio from the undercover officers who conducted the controlled buy and defendant's admission of guilt immediately after the drug sale; therefore, his convictions will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: June 9, 2023, Case #: 2023-Ohio-1921, Categories: Drug Offender, Evidence