12 results for 'judge:"Baldwin "'.
J. Baldwin finds the lower court properly found the mother's consent was not required to complete the adoption of her child. She failed to file an objection within 14 days of receiving notice of the adoption. Although the mother requested an attorney within the 14-day time limit, that request is wholly unrelated to the objection requirement, which does not violate any due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 8, 2024, Case #: 2024-Ohio-1818, Categories: Family Law, Due Process
J. Baldwin finds the lower court properly denied the great-grandparents' motion for custody and granted family services' motion for permanent custody of the children. Although the great-grandparents were willing to care for the children, the parents' failure to make any progress in their case plans greatly diminished the probability the children would ever be returned to their custody and allowed for the termination of their parental rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: April 19, 2024, Case #: 2024-Ohio-1505, Categories: Civil Procedure, Evidence, Family Law
J. Baldwin denies Union Pacific's motion to exclude improperly obtained photos. The switchman who was injured after slipping on debris while attempting to board a moving train brings this negligence claim for Union Pacific's alleged failure to provide clear walkways. Though the photos were obtained outside the discovery process, the switchman's attorneys acted in good faith when entering a facility to get them. Inclusion of the photos will not be detrimental to a fair and orderly trial.
Court: USDC Nevada, Judge: Baldwin , Filed On: March 4, 2024, Case #: 3:22cv479, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Negligence, Premises Liability
J. Baldwin finds the trial court properly imposed the maximum sentence following defendant's guilty plea on various charges because not only did the court make all required factual findings, but the sentence was within the statutory range and supported by defendant's lengthy criminal history, which began when he was eight years old. However, the trial court failed to make certain factual findings before it imposed violent offender specifications, and so the case will be remanded to allow for the proper analysis. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: January 31, 2024, Case #: 2024-Ohio-327, Categories: Burglary, Sentencing, Theft
J. Baldwin finds the detective's testimony at trial identifying the voices of he and defendant on an audio recording of the arrest that led to drug charges properly authenticated the recording and allowed the trial court to enter it into evidence. Meanwhile, the trial court properly imposed consecutive sentences because it not only made all required findings, but defendant's lengthy history of criminal conduct, coupled with the variety and amount of drugs found in his possession, supported the sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: November 27, 2023, Case #: 2023-Ohio-4263, Categories: Drug Offender, Evidence, Sentencing
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J. Baldwin grants the debtor's request to extend discovery in this fair debt collection proceeding. The deposition of the collector's witness was taken just one week prior to the current discovery deadline. It was then that the debtor learned of the collector's recordkeeping practices, its telephone service provider, and the collections caller. Given that the debtor was only recently granted leave to amend, her complaint is anew and the responsive pleadings and defenses are unknown. It would have been impossible to conduct substantial discovery earlier.
Court: USDC Nevada, Judge: Baldwin , Filed On: September 19, 2023, Case #: 3:23cv71, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Due Process, Discovery
J. Baldwin finds that the lower court did not abuse its discretion when it found the husband acted in bad faith and engaged in frivolous conduct when he filed a show cause order against his wife because the domestic relations court's previous order regarding disbursement of assets from a jointly owned company ruled it did not jurisdiction over the wife's arbitration claim, which was properly filed and did not violate the parties' separation agreement. Additionally, because the husband failed to object to or appeal the domestic relations court's decision, his show cause order was meritless, which requires an award of attorney fees in favor of the wife. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: August 7, 2023, Case #: 2023-Ohio-2732, Categories: Family Law, Attorney Fees
J. Baldwin finds that the domestic relations court properly allowed the wife's claim regarding disbursement of profits from the husband's business to be settled via arbitration. All disputes regarding the company were required to be settled by an arbitrator, while the parties' separation agreement was not referenced nor necessary to decide the conflict. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: July 31, 2023, Case #: 2023-Ohio-2661, Categories: Arbitration, Civil Procedure, Family Law
J. Baldwin finds that the lower court properly applied the doctrine of res judicata when it denied defendant's motion for postconviction relief from his murder convictions. He provided no evidence to support his claim of jury bias as a result of excessive publicity and made only conclusory statements to support his arguments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 26, 2023, Case #: 2023-Ohio-2103, Categories: Criminal Procedure, Jury, Murder
J. Baldwin finds the trial court properly granted the part-owner's motion for summary judgment on contract claims related to his separation agreement. His 20 percent ownership interest was clearly established by the agreement and was triggered under the agreement when the company was sold to a third party. Additionally, because the agreement also explicitly stated the part-owner would be entitled to 20 percent of any sale to outside interests, the trial court properly awarded him damages in 20 percent of the sale price. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 13, 2023, Case #: 2023-Ohio-1958, Categories: Damages, Contract
J. Baldwin finds the trial court properly found in favor of the contractor on its breach of contract claim because testimony from the homeowners' wife indicated the couple refused to let work crews into the home after the completion date listed on the contract, which prevented the contractor from finishing work or correcting any errors. Furthermore, the trial court properly dismissed the homeowners' counterclaim, as payments from the Department of Veteran's Affairs were made only after inspections during the first portion of the project, which shows the work was done in a competent manner. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 6, 2023, Case #: 2023-Ohio-1867, Categories: Construction, 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