652 results for 'court:"Ohio Court Of Appeals"'.
J. Lewis finds the trial court properly denied defendant's motion for acquittal on gross sexual imposition charges. The testimony from the victim, including that defendant asked her to touch his penis several times and was "happy" when she did it, proved his conduct was for the purpose of sexual gratification. However, the trial court erroneously denied defendant's motion to dismiss six counts of the indictment for a failure to bring the suit within the statute of limitations. The time limit for one of the victims began to run in 1993 after her first admission to police about defendant's conduct and expired several years before the state filed its initial indictment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: 2024-Ohio-1612, Categories: Criminal Procedure, Sex Offender
J. Welbaum finds legislation to legalize recreational marijuana and allow individuals to cultivate marijuana plants at their homes did not de-criminalize conduct that occurred before it was put into effect and, in any case, defendant's conviction for possession of several plants was based on plants visible from the outside of his home, conduct still prohibited under the new laws. Meanwhile, defendant's consent to allow police to search his home negates any claim for ineffective assistance of counsel because a motion to suppress the results of the search would have been unsuccessful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: April 26, 2024, Case #: 2024-Ohio-1609, Categories: Drug Offender, Ineffective Assistance, Search
[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. Abele finds that while three eyewitnesses failed to mention defendant as one of the victim's two assailants when police initially interviewed them, their statements at trial, all of which indicated defendant had beaten the victim who later died of his injuries, were sufficient to convict him of assault. The jury was in the best position to determine their credibility and the testimony was bolstered by photos of defendant's swollen and injured hands. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 25, 2024, Case #: 2024-Ohio-1673, Categories: Evidence, Assault
J. Boyle finds the trial court properly denied defendant's motion for a mistrial after the jury was mistakenly given a flash drive not admitted into evidence. Not only did the drive not contain any evidence that defendant engaged in the conduct with which he was charged, but only a single juror looked at one document contained on the drive and he could not recall its contents. Meanwhile, the testimony of a forensic video specialist should have been excluded after he was not properly introduced as an expert witness by the prosecution, but because there was overwhelming evidence of defendant's guilt - including eyewitness testimony that he was the shooter - the error was harmless. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1579, Categories: Jury, Murder, Experts
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J. Gallagher finds the trial court properly denied defendant's motion to dismiss rape charges brought after a 16-year preindictment delay. He failed to present any witnesses or evidence to illustrate how the passage of time affected his case or prejudiced him, while the police officers and nurse involved in the victim's treatment were available at trial and were cross-examined by defendant's attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1588, Categories: Criminal Procedure, Sex Offender
J. Gallagher finds the trial court improperly determined the husband's sale of several investment products and dissipation of more than $60,000 from a checking account constituted financial misconduct. The profits from the investments were used to satisfy tax obligations, while the money from the checking account was wired to the wife's attorney or used to make mortgage payments on the marital residence; therefore, the award of $500,000 to the wife for financial misconduct will be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1585, Categories: Evidence, Family Law
J. Boyle finds the trial court properly determined the husband's retirement and substantial decrease in income represented a change in circumstances that allowed for a reduction in his spousal support payments, while the reduction from $12,000 to $2,500 per month was also reasonable, given the husband's modified income and the wife's current earning potential. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1581, Categories: Evidence, Family Law
J. Mays finds the trial court properly allowed a witness to testify about previous criminal activity by defendant at his trial on several murder charges. The evidence, including testimony about credit card fraud and an admission to a previous murder, was used to establish motive. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: April 25, 2024, Case #: 2024-Ohio-1586, Categories: Evidence, Murder
J. Sheehan finds the trial court properly denied defendant's motion to sever the menacing by stalking charge from his trial on murder charges. The evidence related to the charge was simple and distinct, most of it coming from a single witness, the victim. Additionally, the evidence from the menacing charge was necessary to provide background and motive in the murder case, and so it would have been admissible as "other acts" evidence if separate trials had been conducted, which allowed the court to join all the charges in a single indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: April 25, 2024, Case #: 2024-Ohio-1587, Categories: Criminal Procedure, Murder, Menacing
J. Hess finds that despite the lack of physical evidence, defendant's rape convictions were not against the weight of the evidence. The victim's testimony about several instances of both oral and vaginal sex, some of which included defendant choking her, established all the elements of the offenses and proved his guilt beyond a reasonable doubt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: April 24, 2024, Case #: 2024-Ohio-1640, Categories: Evidence, Sex Offender
J. Wilkin finds that the trial court properly admitted testimony about the juvenile court's findings of sexual abuse by defendant. The state's witness explained the difference between those findings and the underlying trial, while the court also emphasized in its jury instructions the jury alone would determine defendant's guilt. Meanwhile, the trial court erroneously imposed a prison sentence and community control sanction because Ohio law allows for only one of the punishments; therefore, the case will be remanded for the sole purpose of allowing the court to vacate its no-contact order. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 23, 2024, Case #: 2024-Ohio-1616, Categories: Jury, Sentencing, Sex Offender
J. Hendrickson finds the lower court properly granted the pesticide application company's motion for summary judgment on the vineyard's negligence claim. The weather conditions at the time of the pesticide application on a neighboring farm exceed the scope of a juror's knowledge and required expert testimony on the part of the vineyard. However, because the vineyard presented expert testimony that conflicted with the pesticide company's testimony about breaches of application labels, a genuine issue of fact prevented judgment on its negligence per se claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: April 22, 2024, Case #: 2024-Ohio-15323, Categories: Property, Negligence, Experts
J. Waldick finds the trial court properly admitted the victims' 911 calls into evidence at defendant's trial on attempted murder and assault charges. The calls were made while defendant attempted to break into the victims' home and immediately after he had assaulted his girlfriend, one of the victims; therefore, the calls were admissible under the present sense impression hearsay exception. Meanwhile, the trial court properly allowed the prosecution to provide details about defendant's prior conviction for attempted murder because the facts of the previous case were similar and established relevance, while the state did not include any prejudicial or inflammatory details likely to influence the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: April 22, 2024, Case #: 2024-Ohio-1534, Categories: Evidence, Jury, Assault
J. Powell finds the lower court properly denied the father's motion to terminate the parents' shared parenting plan and name him sole residential guardian of their child. Although the mother ignored portions of the plan, denied the father parenting time on several occasions and often spoke to the child about the father in a derogatory manner, she attended therapy sessions and made genuine attempts to correct her behavior while maintaining a strong bond with the child, which made it in the child's best interest for the plan to remain in place. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: April 22, 2024, Case #: 2024-Ohio-1519, Categories: Evidence, Family Law
J. Miller finds the trial court properly granted the maternal grandmother's motion for permanent custody and determined the father had abandoned the child. Not only had he failed to visit the child while the mother was still alive, the mother had been granted a protection order against the father, while the grandmother also agreed to allow limited visitation, which prevented a full termination of his rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1535, Categories: Evidence, Family Law
[Consolidated.] J. Lanzinger finds the trial court improperly granted the estate's motion to limit the hospital's cross-examination of its expert witness regarding the suspension of his medical license. The suspension was the direct result of fraudulent bookkeeping, which reflects directly on the witness's truthfulness and character and may have affected the ultimate decision of the jury. Reversed.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: April 22, 2024, Case #: 2024-Ohio-1518, Categories: Experts, Medical Malpractice
J. Miller finds the trial court properly ordered the marital home be sold as part of the couple's divorce. The wife failed to produce evidence she was able to refinance the property to remain there with the children, while there is also no requirement for a court to allow a party to keep the marital home. Meanwhile, although the husband used retirement funds prior to the parties' divorce, he did so to support himself, not as a way to intentionally harm the wife; therefore, the court properly denied the wife's motion to find he committed financial misconduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1533, Categories: Evidence, Family Law
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. Lynch finds the lower court properly denied the wife's motion for a spousal support modification. The court used up-to-date income numbers, while evidence in the record indicated the current support amount allowed the wife and children to leave comfortably, with ample funds for personal expenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: April 22, 2024, Case #: 2024-Ohio-1526, Categories: Evidence, Family Law
J. Smith finds the witnesses' close relationships to the victim and minor variations in their testimony does not render defendant's sexual imposition conviction against the weight of the evidence. The testimony established all elements of the offense, while the jury was in the best position to determine the witnesses' credibility. Meanwhile, because defendant's girlfriend was not present at the time of the assault, his attorney's failure to call the woman as a witness did not constitute ineffective assistance, as her testimony would not have included any relevant evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: April 22, 2024, Case #: 2024-Ohio-1678, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Winkler finds the trial court properly granted the prosecution's request to dismiss a black juror during voir dire during defendant's murder trial. Although he was one of only two black individuals on the jury, comments made about flaws in the criminal justice system gave the prosecution a race-neutral justification for the use of a peremptory challenge. Meanwhile, even though the court erroneously admitted a detective's testimony about an interview with the owner of the barber shop where the shooting took place, the error was harmless because the specific evidence about who was in the shop at the time of the murder was established through other witness testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: April 19, 2024, Case #: 2024-Ohio-1491, Categories: Confrontation, Jury, Murder
J. Abele finds that although defendant claimed both the victim and her husband lied about the victim's age before they engaged in sexual conduct, her attorney's failure to argue the state could not establish the mens rea for her charge of pandering sexually-oriented material involving a minor did not constitute ineffective assistance. Defendant admitted in her plea hearing she knew the victim was under the age of 18 and that she willfully created recordings of their sexual acts. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 19, 2024, Case #: 2024-Ohio-1502, Categories: Ineffective Assistance, Plea, Child Pornography
J. Baldwin finds the lower court properly denied the great-grandparents' motion for custody and granted family services' motion for permanent custody of the children. Although the great-grandparents were willing to care for the children, the parents' failure to make any progress in their case plans greatly diminished the probability the children would ever be returned to their custody and allowed for the termination of their parental rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: April 19, 2024, Case #: 2024-Ohio-1505, Categories: Civil Procedure, Evidence, Family Law
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. Leland finds the lower court properly granted family services' motion for permanent custody of the child. Although the father has a strong bond with the child, he repeatedly failed to enter drug rehab or attend counseling services as part of his case plan, which prevented him from correcting the issues that led to the initial removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Leland, Filed On: April 18, 2024, Case #: 2024-Ohio-1488, Categories: Evidence, Family Law
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. Abele finds that the lower court properly granted the board of commissioners' motion for summary judgment. It did not breach its duty of care to the residents whose home was damaged by a sewer backup that developed quickly and was unclogged nearly as soon as the city became aware of the issue. Although the sewer line had become clogged in the past, the residents presented no evidence the city knew of any deterioration or defects that would have required it to take preventive action before another clog developed, and so it cannot be held responsible for property damage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 18, 2024, Case #: 2024-Ohio-1569, Categories: Evidence, Government, Negligence