36 results for 'judge:"Delaney"'.
J. Delaney finds witness testimony during defendant's trial on menacing and firearms charges regarding the sequence of events that led to his arrest allowed the jury to reasonably conclude he had a loaded gun in his truck. Neighbors testified they either heard or saw him "squeal" out of his driveway immediately before crashing the truck and firing several shots toward the victim. Meanwhile, the prosecution's statement during closing arguments about the definition of a loaded gun, although imprecise, was an isolated statement and did not prejudice the jury against defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 29, 2023, Case #: 2023-Ohio-2188, Categories: Evidence, Firearms, Threats
J. Delaney finds the trial court properly denied the parents' request for a jury instruction on the standard of care owed to a guest or invitee in a negligence action. The injuries sustained by the girl during a ziplining accident were the result of a recreation activity that required application of the primary assumption of risk doctrine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 26, 2023, Case #: 2023-Ohio-2132, Categories: Jury, Negligence
J. Delaney finds the trial court properly denied defendant's motion to exclude testimony from the arresting officer about a warrant discovered during the investigation of a noise complaint. The statement was made to explain the actions of the officers during their investigation and, therefore, did not constitute hearsay. Meanwhile, even though defendant believed the investigation of his shop was unlawful, his obstruction conviction was supported by sufficient evidence because once the warrant was discovered, questioning defendant was part of the officers' lawful duties and his decision to flee clearly hindered that duty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 23, 2023, Case #: 2023-Ohio-2085, Categories: Evidence, Obstruction
J. Delaney finds that while the guardian ad litem testified the parents' shared parenting plan should be terminated because of differing parenting styles and a complete lack of communication, the lower court properly ordered that the agreement only be modified. Its decision was based on the children's approval of the plan and their good performance in school and at each home, while the parenting style differences predated any agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 23, 2023, Case #: 2023-Ohio-2110, Categories: Evidence, Family Law
J. Delaney recommends granting, in part, an individual’s motion to add claims to his pro se excessive force case. Granting leave to add certain claims will not cause a substantial delay, the parties have been on notice of the claims and do not show they will suffer prejudice from the amendment.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: June 7, 2023, Case #: 2:18cv2420, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Civil Rights
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J. Delaney finds the lower court properly granted permanent custody of the child to family services. Although the mother made some progress on her case plan, she was arrested and pleaded guilty to child endangerment at the outset of the case, was arrested for DUI shortly thereafter, had numerous inappropriate relationships with partners who had violent histories and criminal records, and also refused to complete domestic violence treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: May 23, 2023, Case #: 2023-Ohio-1731, Categories: Evidence, Family Law