13 results for 'judge:"Robb"'.
J. Robb finds the trial court erroneously granted the homebuilder's motion for summary judgment on the contract claim filed by the homeowners related to the parties' construction contract. It failed to conduct an analysis of the owners' argument the builder was not entitled to further draws on their loan because it failed to complete certain trim work required under the agreement. Therefore, the case must be remanded to allow for a factual analysis to determine if the builder breached the construction contract, which would have allowed the owners to withhold payment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: April 17, 2024, Case #: 2024-Ohio-1464, Categories: Construction, Consumer Law, Contract
J. Robb finds the trial court properly denied defendant's motion to exclude certain testimony from the sexual assault nurse examiner about how the victim in defendant's case affected her emotionally. Although it may have been inappropriate, there was other, overwhelming evidence of defendant's guilt, while the nurse's statement was brief. Meanwhile, even though several witnesses improperly vouched for the victim during their testimony when they claimed to believe her version of events, the error was not prejudicial because defendant's attorney allowed the vouching as part of his trial strategy to elicit similar testimony on his client's behalf. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: December 21, 2023, Case #: 2023-Ohio-4714, Categories: Evidence, Sex Offender
J. Robb finds the trial court properly admitted testimony during defendant's trial on assault and trespass charges about property damage to one of the homeowners victimized during his drug-induced tirade. Although he was not charged with a crime related to that home, his property destruction was part of his wider course of criminal conduct and was properly used by the prosecution to show intent. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: December 8, 2023, Case #: 2023-Ohio-4502, Categories: Evidence, Assault
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J. Robb finds the trial court erroneously limited the damages awarded to the founding partner for overpayments to the physician. The 4-year statute of limitations did not apply to the physician's salary after the parties stipulated to recordkeeping documents submitted to the court and analyzed by their respective expert witnesses. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: October 27, 2023, Case #: 2023-Ohio-3908, Categories: Fraud, Damages, Conversion
J. Robb finds the lower court properly denied the surface owners' request for extinguishment of the drilling company's rights. The lack of complete assignment of interests in mineral rights to the land in the 1972 title prevented the lower court from using that document as the root of title in the parties' dispute, and the company's rights were based on a separate, valid deed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: September 28, 2023, Case #: 2023-Ohio-3588, Categories: Property, Contract
J. Robb finds the lower court properly convicted defendant of possession of methamphetamine, to which he pleaded guilty. Defendant argues he was unfairly sentenced, but the instant court finds no error in the lower court sentencing him to six years with two years suspended to probation. Affirmed.
Court: Indiana Court Of Appeals, Judge: Robb, Filed On: August 2, 2023, Case #: 22ACR2734, Categories: Drug Offender, Sentencing
J. Robb finds that the lower court properly upheld the denial of annexation of two territories from North Township to the Village of Scio. The Harrison County Board of Commissioners’ decision contained sufficient findings of fact and the court did not err in adding supplemental reasons to deny annexation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: July 19, 2023, Case #: 2023-Ohio-2479, Categories: Municipal Law
J. Robb finds that defendant was was properly denied ineffective assistance relief and properly convicted of sexual misconduct based on his guilty plea because evidence indicates defendant understood that the court would have discretion to set his sentence and generally understood the plea, and defendant failed to indicate counsel had underperformed. Affirmed.
Court: Indiana Court Of Appeals, Judge: Robb, Filed On: June 14, 2023, Case #: 22A-PC-1496, Categories: Ineffective Assistance, Sex Offender, Plea