652 results for 'court:"Ohio Court Of Appeals"'.
J. Miller finds that because the right to confrontation does not apply to a juvenile defendant's amenability hearing, the juvenile court properly admitted statements made by defendant's co-delinquents without any cross-examination during its determination of whether to transfer the case to adult court. Meanwhile, the juvenile court's thorough analysis of all nine amenability factors, seven of which favored a transfer to adult court, satisfied due process and allowed it to transfer the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: March 25, 2024, Case #: 2024-Ohio-1108, Categories: Confrontation, Juvenile Law, Due Process
J. Trapp finds the lower court properly dismissed the employee's age and ancestry discrimination claims because they are identical to those dismissed with prejudice by a federal court and, therefore, are barred by res judicata. Additionally, the employee failed to exhaust her administrative remedies with the Ohio Civil Rights Commission prior to filing her state court suit, which would have resulted in a dismissal regardless of the res judicata issue. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 25, 2024, Case #: 2024-Ohio-1114, Categories: Civil Procedure, Employment Discrimination
J. Hess finds that while evidence defendant used illegal drugs before the party at which he sexually assaulted the victim had no relationship to his opportunity or preparation to commit the crime and was, therefore, prejudicial, it was properly admitted by the trial court to prove an essential element of the rape offense - whether defendant's ability to know the victim was impaired was in question at the time of the assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: March 25, 2024, Case #: 2024-Ohio-1105, Categories: Evidence, Sex Offender
J. Powell finds the lower court properly granted permanent custody of the children to family services. The mother's repeated failed drug tests prevented her from providing a safe home for the children, while her claim the results were from an inhaler was not believable and contradicted by testimony from a lab technician. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 25, 2024, Case #: 2024-Ohio-1091, Categories: Evidence, Family Law
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J. Delaney finds that the trial court properly permitted an attorney to withdraw from a case involving windfall profits generated from the resale of oil extraction leases and allowed reasonable time for appellants to obtain new council. The trial court also properly granted summary judgment to the community development corporation because appellant’s response did not provide evidence that is acceptable for consideration by the court.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: March 22, 2024, Case #: 2024-Ohio-1034, Categories: Corporations, Energy, Contract
J. Hoffman finds the trial court properly denied defendant's motion to suppress the results of a search of his home during his weapons and drug possession trial. Although he was experiencing symptoms of a medical emergency, there was no coercion on the part of the police officer who asked to come inside, while defendant also took no medication once inside the property and consented to the search after being asked twice. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 22, 2024, Case #: 2024-Ohio-1094, Categories: Firearms, Search
J. Gallagher finds that the trial court properly granted summary judgment to a private school in a contract dispute over full tuition charged to a parent for their early unenrollment of two students, as the contract language was clear and reasonably sought to cover costs incurred by the school for unenrollment. Additionally, the court did not error denying the parent’s motion to strike an affidavit provided by an employee of the school involved in accounting and managing tuition payments; the employee had personal knowledge of the school’s enrollment contracts and the costs involved in early unenrollment.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 22, 2024, Case #: 2024-Ohio-1060, Categories: Education, Contract
J. Lanzinger finds that the trial court properly denied a motion to suppress evidence and correctly weighed the entire body of evidence in appellant’s burglary conviction. The appellant claims that no probable cause existed to search his car so evidence from the vehicle should be removed but the judge finds that detectives statement provided to the magistrate judge was sufficient for warrant to search the vehicle. As to the weight of the total body of evidence, the judge concludes that this case is not one in which the prosecution has contrived a path that does not match the body of evidence overall.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: March 21, 2024, Case #: 2024-Ohio-1031, Categories: Burglary, Criminal Procedure, Constitution
J. Powell finds the lower court properly granted the contractor's motion for summary judgment in a contract action. The customer provided no evidence to rebut the contractor's contract claim after he was denied access to the customer's home and the customer refused to pay for any of the work done. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 18, 2024, Case #: 2024-Ohio-1002, Categories: Construction, Contract
J. Lewis finds the trial court erroneously denied defendant's motion to suppress evidence obtained from a search of his person. Although police had a warrant to search his residence, he was driving a few blocks away from the property when officers arrived, which rendered their traffic stop and detainment unconstitutional. Defendant was seen leaving his home immediately before he was pulled over, but because there was no suspicion of criminal conduct, officers were not permitted to search him or take his cell phone; therefore, because evidence from the phone permeated the entire trial, defendant's drug trafficking convictions will be vacated and the case remanded. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: March 15, 2024, Case #: 2024-Ohio-981, Categories: Drug Offender, Evidence, Search
J. Abele finds that although the trial court added a recklessness element to the jury instruction for defendant's driving with fictitious license plates charge, defendant was not prejudiced. It decreased the likelihood of a guilty verdict and did not affect the outcome of the trial. Meanwhile, defendant's erratic driving, admission to the arresting officer he had been "snorting a perc," and the officer's testimony about slurred speech and constricted pupils was sufficient to support his conviction for driving while impaired. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: March 15, 2024, Case #: 2024-Ohio-1036, Categories: Dui, Vehicle, Jury Instructions
J. Epley finds the lower court properly granted the school district's motion for summary judgment on race discrimination claims filed by a black employee. She failed to establish a prima facie case for discrimination, given that she was not replaced with an employee outside her protected class and the district had legitimate reasons not to renew her contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 15, 2024, Case #: 2024-Ohio-979, Categories: Education, Evidence, Employment Discrimination
J. Gallagher finds the trial court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to take any steps to complete her case plan for nearly five months after the child was removed from her care and was also evicted from her home, which prevented her from providing a safe environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-950, Categories: Evidence, Family Law
J. Gallagher finds defendant's convictions for unlawful possession of a firearm were not against the weight of the evidence. Although there were inconsistencies in the testimony of the only witness to claim defendant had a gun on his person on the night of the shooting and she was disrespectful during trial proceedings, she also provided detailed evidence about where the gun was located and moved during the crime. Because the trial court was in the best position to determine witness credibility, the convictions cannot be vacated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-961, Categories: Evidence, Firearms
J. Keough finds the trial court properly granted the doctor's motion in limine to exclude questions regarding whether his hospital privileges had been revoked at any point during his medical career. The possibility of prejudice or jury confusion outweighed any probative value related to the standard of care he provided to the patient. The patient was able to provide expert testimony throughout the trial and also questioned the doctor about why he decided to stop delivering babies, all of which was sufficient to create an inference that his failure to properly deliver the patient's baby was based on a breach of the standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 14, 2024, Case #: 2024-Ohio-960, Categories: Evidence, Experts, Medical Malpractice
J. Gallagher finds the trial court was not required to sever defendant's indictment and conduct separate trials. All three robberies were committed over a short period of time and involved similar characteristics, including being committed late at night on individuals alone in their cars, while the evidence for each crime was simple and direct, involving victim testimony from each of the incidents that was unlikely to confuse the jury. Meanwhile, because the outcome of the trial would have been no different if defendant's attorney had filed a motion to sever the indictment, defendant's ineffective assistance claim fails. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-958, Categories: Criminal Procedure, Ineffective Assistance, Robbery
J. Gallagher finds testimony provided by each of the victims was sufficient to support defendant's rape and gross sexual imposition convictions despite some inconsistencies. Each victim spoke about a specific series of events to establish the elements of the crimes, while the amount of time that passed between the assaults and defendant's trial was likely to blame for any confusion regarding the dates of the crimes. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-954, Categories: Evidence, Sex Offender, Child Victims
J. Gwin finds the lower court properly denied defendant's motion for postconviction relief based on her attorney's failure to hire a mitigation expert. Although the report prepared by the expert witness in subsequent filings was more detailed in its explanation of defendant's mental illnesses, the trial attorney presented much of the same evidence during her sentencing report and the trial court properly considered all mitigating factors. Furthermore, the lack of any biased statements made by the trial judge and his impartial consideration of all sentencing factors precludes defendant from proving her claim of judicial bias, which was properly rejected by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-906, Categories: Ineffective Assistance, Murder, Experts
J. Gwin finds the victim's testimony he confronted defendant in the driver's seat of his vehicle and that defendant pointed a gun at him before striking him with the same weapon as he fled was sufficient to convict defendant of aggravated robbery and felonious assault. Meanwhile, the jury's decision to acquit defendant on several firearm specifications did not create an inconsistent verdict because there was sufficient evidence to support all of the guilty verdicts, while the acquittal could represent mercy or compromise on the part of the jury, not confusion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-923, Categories: Evidence, Jury, Robbery
J. Miller finds the trial court did not violate defendant's confrontation rights when it admitted the victim's testimony from a pretrial hearing during defendant's case on assault and abduction charges. Although the victim was unable to testify at trial, defendant thoroughly cross-examined him during the hearing. Meanwhile, the trial court properly denied defendant's motion to admit evidence he was cleared of a false accusation of assault against the same victim because the victim did not make the accusation and, therefore, defendant could not impeach his testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: March 11, 2024, Case #: 2024-Ohio-886, Categories: Confrontation, Evidence, Assault
J. Eklund finds the trial court properly denied defendant's motion for sanctions against the city for its failure to preserve his interview with police. There was no evidence of bad faith on the part of the police and the interview would not have benefited defendant in the preparation of his defense. Meanwhile, video surveillance footage of the assault and the victim's testimony that defendant grabbed her butt and breasts was sufficient to convict him of sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: March 11, 2024, Case #: 2024-Ohio-889, Categories: Evidence, Sex Offender
J. Klatt finds the lower court erroneously determined defendant was competent to waive counsel. Although his relationship with his appointed attorney had broken down such that he refused to meet with her prior to her filing of a motion for postconviction relief, the court was still required to hold a hearing or colloquy with defendant to determine whether he understood the consequences of his decision to waive counsel. Reversed.
Court: Ohio Court Of Appeals, Judge: Klatt, Filed On: March 11, 2024, Case #: 2024-Ohio-904, Categories: Competence, Self Representation
J. Bock finds the child victim's testimony was sufficient to establish all the elements of the rape offenses with which defendant was charged. While there were some inconsistencies between her statements to investigators and testimony at trial, none of her trial testimony contradicted any previous claims and the jury was in the best position to determine her credibility. Meanwhile, although the doctor's statement at trial that there was a "high likelihood that abuse has occurred" was inappropriate vouching for the victim, the error was harmless because the state did not mention the comment at any point during trial and there was other, overwhelming evidence to support defendant's convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: March 8, 2024, Case #: 2024-Ohio-851, Categories: Evidence, Sex Offender, Child Victims
J. Duhart finds the trial court did not violate defendant's due process rights when it refused to consider his claim of self-defense. The evidence in the record overwhelmingly proved he was the instigator of the altercation with the landscaping worker and any self-defense claim would have been meritless, considering defendant ran over the victim with his car and escalated the situation by leaving his vehicle and throwing the first punches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: March 8, 2024, Case #: 2024-Ohio-858, Categories: Evidence, Assault, Self Defense
J. Mayle finds the trial court properly included a flight jury instruction during defendant's trial on a rape charge. He left the apartment immediately after the assault and failed to respond to any of the letters sent to him by police, which indicated they were looking for him in connection with their investigation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 8, 2024, Case #: 2024-Ohio-860, Categories: Sex Offender, Jury Instructions
J. Smith finds the trial court properly determined defendant was competent to enter a guilty plea despite not making its determination a part of the record. Defendant's attorney stipulated to the findings of the evaluator, while defendant was also questioned extensively by the court before she entered her guilty plea. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 8, 2024, Case #: 2024-Ohio-924, Categories: Competence, Plea, Child Victims
J. Smith finds the trial court properly denied defendant's motion for leave to file an untimely petition for postconviction relief from his drug convictions. His discovery the police officer who initiated the traffic stop never issued him citations was not exculpatory evidence that would have altered the outcome of his case or required suppression of evidence obtained from a search of his vehicle. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 8, 2024, Case #: 2024-Ohio-925, Categories: Drug Offender, Search