652 results for 'court:"Ohio Court Of Appeals"'.
J. Ryan finds defendant's attorney did not provide ineffective assistance when he failed to object to the trial court's joinder of both defendant's indictments. All of the criminal charges were part of a single course of criminal conduct that occurred over a period of several days, while the evidence for each charge was distinct and unlikely to confuse the jury. Meanwhile, the trial court was not required to make factual findings before it imposed consecutive sentences because the life without parole sentence for defendant's murder conviction made the rest of the sentences purely academic, according to previous rulings from this court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: June 1, 2023, Case #: 2023-Ohio-1817, Categories: Ineffective Assistance, Murder, Sentencing
J. Boyle finds the court of appeals lacks jurisdiction over the employer's appeal regarding the trial court's denial of its motion to dismiss a wrongful termination case because that decision was not a final, appealable order. However, the trial court improperly denied the employer's motion to seal the complaint, as the employee's status as the employer's general counsel rendered the allegations in her complaint subject to attorney-client privilege. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: June 1, 2023, Case #: 2023-Ohio-1813, Categories: Employment, Jurisdiction, Privilege
J. Gallagher finds out-of-court statements made by one of the passengers in defendant's vehicle do not render his convictions for vehicular homicide and assault against the weight of the evidence. The passenger's claim to have stabbed defendant in the neck and yanked the steering wheel immediately prior to the crash "defies common sense," was not supported by any motive, and would not have absolved defendant of blame for his intoxicated driving in the lead-up to the crash. Meanwhile, the trial court properly denied defendant's motion to suppress medical records that both proved he drove intoxicated and disproved he was stabbed in the neck because the warrant was lawful and properly obtained pursuant to the charge of reckless driving. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 1, 2023, Case #: 2023-Ohio-1811, Categories: Search, Dui, Vehicular Homicide
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
J. Welbaum finds the trial court properly refused to merge defendant's weapon charges for sentencing purposes because the carrying of a concealed weapon and the possession of a weapon while under disability involve separate animi and were committed with different purposes. Therefore, the trial court properly imposed a separate sentence for each charge. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 26, 2023, Case #: 2023-Ohio-1765, Categories: Firearms, Sentencing
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J. Welbaum finds the victims' injuries, including broken bones, abrasions, and severe bleeding that required treatment at a hospital, satisfied the serious physical harm element of defendant's assault charges and were sufficient to convict him. Meanwhile, the trial court made all required findings before it imposed consecutive sentences, and because defendant showed no remorse for his actions and injured numerous people, including two police officers, the seriousness of his crimes support the sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 26, 2023, Case #: 2023-Ohio-1766, Categories: Evidence, Sentencing, Assault
J. Groves finds that while one of the victim's minor siblings admitted to "squishing" a 2-year-old prior to his death, defendant's murder conviction is supported based, in part, on the fact that none of the treating physicians or the state's expert witnesses believed the blunt force injuries that caused the victim's death could have been caused by the 6-year-old sibling. Meanwhile, the trial court properly admitted the investigating officers' testimony about out-of-court statements made by the victim's mother because the evidence was used to explain the police investigation and did not prejudice defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1747, Categories: Evidence, Murder, Child Victims
J. Boyle finds the lower court properly denied the wife's motion for attorney fees in a divorce dispute because she failed to file her motion at the correct time and missed a procedural deadline. Meanwhile, the trial court properly refused to hold a hearing on the wife's motion for sanctions because it had already found the husband's claims to be non-frivolous and a hearing would not have changed the outcome. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: May 25, 2023, Case #: 2023-Ohio-1752, Categories: Family Law, Sanctions, Attorney Fees
J. Groves finds the trial court properly allowed the social worker to testify during defendant's trial on rape charges he believed the victim had been sexually abused because the statements did not speculate about the victim's credibility but were used only to confirm the results of the social worker's investigation. Furthermore, the trial court properly denied defendant's motion for acquittal on the rape charge. Although there was no evidence of physical violence against the victim, his relationship as a pseudo-father and her testimony she was scared he would kill her if she told anyone about the abuse satisfied the element of force. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1748, Categories: Evidence, Sex Offender
J. Kinsley finds the trial court properly dismissed the Texas law firm's complaint for a share of attorney fees for referral services. The draft agreement and emails sent to the Ohio firm that represented the client, which failed to include any fee percentage or specific terms, did not constitute an oral contract. Additionally, the attorney at the Ohio firm never agreed to the vague terms set forth in the emails and, in fact, rejected the offer several months later, all of which supports the lower court's decision to dismiss the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: May 24, 2023, Case #: 2023-Ohio-1728, Categories: Fraud, Attorney Fees, Contract
J. Baldwin finds the lower court properly named the father sole residential parent of the couple's child. The lower court considered all required factors and was in the best position to determine the credibility of witnesses, including family members, family services employees and other individuals involved with the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1756, Categories: Evidence, Family Law
J. Gwin finds the lower court properly terminated the mother's parental rights and granted custody of her children to family services. Her refusal to take prescription medications or change various behavioral issues prevented her from being able to care for the children within a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1755, Categories: Evidence, Family Law
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
J. Mayle finds the trial court properly granted permanent custody of a pair of twins to family services. The mother does not have an adequate bond with the children and made numerous false accusations against the foster parents, under whose care both children have thrived. The mother also refuses to maintain stable housing despite being employed, and, therefore, is unable to provide a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 23, 2023, Case #: 2023-Ohio-1732, Categories: Evidence, Family Law
J. Mentel finds the lower court properly granted family services' motion for permanent custody of the child. Neither parent obtained permanent housing after the child was placed in foster care, the parents did not interact appropriately with the child during visitation, and neither could prove their sobriety during their case plan, all of which proved they could not provide a safe and stable environment for the child, who had developed a strong bond with her foster mother. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mentel, Filed On: May 23, 2023, Case #: 2023-Ohio-1721, Categories: Evidence, Family Law
J. Zimmerman finds the lower court properly granted the shopping center's motion for summary judgment on the patron's trip and fall claim. The curb in the parking lot was not hidden and, therefore, was an open and obvious hazard under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1703, Categories: Evidence, Negligence
J. Zimmerman finds the lower court erroneously dismissed the contract and fiduciary duty claims against the title company. Although there was no written agreement for the company to act as an escrow agent, the fees paid by the homebuyer and services performed by the company's employee create an issue of fact as to whether an escrow agreement existed. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1706, Categories: Real Estate, Fiduciary Duty, Contract
J. Zimmerman finds that while the zoning officials and trustees were not members of law enforcement or prosecuting attorneys and improperly issued search warrants for the property owner's farm, the lower court properly dismissed the owner's complaint. The evidence used to obtain the warrants gave the officials probable cause to conduct the administrative searches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1704, Categories: Administrative Law, Constitution, Zoning
J. Gallagher finds the lower court improperly vacated the Board of Education's decision to permanently revoke the teacher's license. The evidence clearly indicates the teacher engaged in "conduct unbecoming of an educator" when he assaulted a student and pushed him into a window that shattered and caused lacerations. Whether the behavior was severe enough to permanently revoke the teacher's license was immaterial, as the lower court's scope of review was limited to whether the conduct occurred; therefore, the board's original decision must be reinstated. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 18, 2023, Case #: 2023-Ohio-1672, Categories: Education, Licensing
J. Sheehan finds that while the victim admitted her memory was spotty because she drank alcohol on the day of the rape, her version of events, including that defendant drugged and raped her, was bolstered by text messages from defendant asking about pills taken on the day of the assault. Furthermore, defendant was properly sentenced for each count of rape because the victim's testimony clearly indicated separate instances of rape occurred after she fell asleep or passed out several times throughout the night. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: May 18, 2023, Case #: 2023-Ohio-1670, Categories: Evidence, Sentencing, Sex Offender
J. Gallagher finds the trial court included proper jury instructions on force during defendant's trial on rape charges when it explained overt, physical conduct is not necessary in cases such as defendant's, which involved a pseudo-parental relationship between the attacker and the victim. Furthermore, several scattered uses of the word "victim" during proceedings did not deprive defendant of a fair trial because the court repeatedly told the jury it must presume defendant was innocent until proven guilty and the limited use of the word was not prejudicial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 18, 2023, Case #: 2023-Ohio-1667, Categories: Fair Trial, Sex Offender, Jury Instructions
J. Kilbane finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to complete all objectives of her case plan and the child ran away several times, which indicates the mother was unable to control and provide a stable home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: May 18, 2023, Case #: 2023-Ohio-1674, Categories: Evidence, Family Law