56 results for 'judge:"Lewis "'.
J. Lewis finds the trial court did not violate the injured driver's right to a fair and impartial jury when it allowed two individuals insured by the same company named as a defendant in the suit to remain on the jury. They not only agreed to remain unbiased, but there was no evidence they had any type of business relationship with the company or that their insurance premiums would increase as a result of a verdict either way. Meanwhile, the jury's award of economic damages to the injured driver must be reversed because no medical bills were submitted as evidence during trial, but were only mentioned by the driver's attorney during closing arguments. Therefore, the case must be remanded for a new trial on damages. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: September 29, 2023, Case #: 2023-Ohio-3507, Categories: Jury, Damages, Negligence
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J. Lewis finds a lower court properly dismissed a single mother's Equality Act violations against a local local borough. The single mother, who unintentionally became homeless, argued that the local borough failed to secure her and her children with adequate housing. However, the bureau presented sufficient evidence in court that it secured housing in a private sector, despite her request to live in London. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: August 22, 2023, Case #: CA-2022-1935, Categories: Government, Housing
J. Montoya-Lewis finds that the lower court properly in part applied community custody conditions against defendant, who is serving a life sentence in community custody for child molestation. While the conditions against sexual materials and dating are not vague and hold up to scrutiny, the sentencing review board imposed a marijuana condition that is not related to defendant's conduct and was an overstep of the board's authority. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: August 10, 2023, Case #: 100753-1 , Categories: Sentencing, Sex Offender
J. Lewis finds that defendant's murder and assault convictions stemming from the death of his mother were not against weight of the evidence, which included testimony he was the only other person at the home at the time of the victim's death, the family had several knives of the same brand used to stab the victim, and defendant "sang" about killing his mother when he was arrested, even though he had not been told of her death. Meanwhile, the trial court properly denied defendant's motion to suppress statements made to police while in the back of a police cruiser because although he had not been read his Miranda rights, no officers spoke to him or elicited the incriminating statements, which were made spontaneously and were properly admitted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: August 4, 2023, Case #: 2023-Ohio-2700, Categories: Evidence, Miranda, Murder
J. Lewis finds a lower court properly dismissed a Turkish national's motion to remain in the U.K. The Turkish national, who remained in the U.K. unlawfully, argued that he has a "durable relationship" with an EU national. However, the Turkish national failed to present evidence in court that the couple was legally married. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: July 31, 2023, Case #: CA-2022-2008, Categories: Civil Rights, Immigration
J. Lewis finds the trial court properly denied the Ponzi scheme operators' motion to dismiss fraud claims for the investors' failure to bring them within the four-year statute of limitations. The investors' claims did not begin to accrue until they discovered the identities of transferees, not when they initially discovered wrongdoing by the operators. However, the verdicts in favor of the nine individuals and investors who did not testify at trial were against the weight of the evidence because the jury improperly assumed they invested "in good faith" when they participated in the scheme. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: June 23, 2023, Case #: 2023-Ohio-2081, Categories: Evidence, Fraud, Jury
J. Lewis finds the trial court properly denied defendant's motion to dismiss on speedy trial grounds during defendant's trial for trafficking in persons, and drug and weapons charges. Although the court took several months to make a decision on his motion to suppress, the length of time was not unreasonable and did not count against his speedy trial clock. Defendant was charged with various felonies and misdemeanors in a complex case and filed several extension of time motions during the court's analysis of his suppression motion, all of which rendered the span of time reasonable and properly tolled his speedy trial clock. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: June 23, 2023, Case #: 2023-Ohio-2079, Categories: Drug Offender, Speedy Trial, Human Trafficking
J. Lewis finds the trial court properly convicted defendant for murder, sentencing him to death. Here, his second application for capital post-conviction relief is denied. Review of defendant���s claims of ineffective assistance, including counsel���s failure to present evidence of defendant���s brain damage, fetal alcohol exposure, childhood trauma, trans-generational sexual abuse and history of mental illness in the penalty phase are procedurally barred in this second application. The record shows an aggravated brutal murder of a defenseless child by a defendant with no credible claim of innocence. The direct appeal was litigated by experienced counsel who presented cogent arguments. Direct appeal counsel also presented the court of appeals with a neuropsychological evaluation of defendant. Defendant has not shown that initial post-conviction counsel was ineffective. No evidentiary hearing is warranted under the standard.
Court: Oklahoma Courts Of Appeal, Judge: Lewis, Filed On: June 1, 2023, Case #: PCD-2022-1033, Categories: Death Penalty, Evidence, Murder
J. Lewis finds the lower court properly upheld the Dayton Civil Service Board's termination of a police officer. Video evidence of him yelling at his girlfriend to "get your ass down here," which was corroborated by the two officers that responded to his call about a domestic violence incident, was sufficient to prove the officer, who made false statements, violated the Dayton Police rule of conduct that requires officers be truthful at all times. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: May 26, 2023, Case #: 2023-Ohio-1767, Categories: Employment, Evidence
[Consolidated]. J. Lewis finds a lower court improperly ruled in favor of a the Home Office concerning a group of trade union members' contract claims. The Home Office argued that it properly deducted union dues from employees' wages. However, the trade union members sufficiently showed in court that they did not approve of certain check- off arrangements as part of their employment agreement.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: May 19, 2023, Case #: CA-2022-689, Categories: Employment, Labor / Unions