11 results for 'judge:"DeWine"'.
J. DeWine finds the trial court erred when it allowed a witness to testify by video in this sexual relations case of a father with his minor adopted child. The father argues that the video testimony should have been face-to-face, and since it wasn’t, this violated his constitutional right to confront a witness. The appeals court and this one found that the use of video conferencing was a harmless error, and it had no bearing the father’s conviction of sexual battery. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: April 4, 2024, Case #: 2024-Ohio-1247, Categories: Sex Offender, Battery, Witnesses
J. DeWine finds the lower court erroneously upheld the trial court's dismissal of defendant's postconviction relief petition without any factual or legal analysis. A delayed appeal of a criminal conviction qualifies as a direct appeal under Ohio statutory law, and, therefore, defendant had 365 days from his filing of the trial transcript with the appeals court to file his petition for postconviction relief. A delayed appeal is virtually identical to one filed within the 30-day deadline and was not intended to be treated differently under the statute. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 7, 2024, Case #: 2024-Ohio-775, Categories: Criminal Procedure
J. DeWine finds the appeals court erroneously overturned defendant's robbery convictions. Although only one of the victims had money taken from her when defendant set them up by posting a used car ad on a social media app, his use of a gun was sufficient to establish a threat of violence against both victims during the commission of his theft offense. Meanwhile, defendant forfeited his Brady claim related to evidence about the victim's Facebook searches to identify him prior to trial. Not not only did he fail to object or file a motion during trial when the Facebook photos were admitted into evidence, but his attorney was able to cross-examine each of the victims about the evidence. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 5, 2024, Case #: 2024-Ohio-749, Categories: Burglary, Theft
J. DeWine finds the temporary law during the Covid-19 pandemic that allowed municipalities to collect taxes from stay-at-home employees that did not live within their borders did not violate the due process clause. There was a rational basis for the law; specifically, the law allowed municipalities to stabilize their tax income during a period of rapid change to stay-at-home work that would otherwise have crippled their budgets. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: February 14, 2024, Case #: 2024-Ohio-525, Categories: Tax, Due Process, Covid-19
J. DeWine finds the appeals court erroneously vacated the ex parte attachment orders against the former Ohio Public Utilities Commission Chairman. The irreparable harm showing by the state used to obtain the orders was not appealable, but could only be reviewed by a full hearing in front of the trial court. Although the chairman could appeal the trial court's denial of his motion to vacate the orders - used to prevent the unlawful transfer of assets before a pending criminal trial - he could not challenge the irreparable harm decision made by the court, which was decided in a full hearing during which the chairman was able to present complete arguments. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: January 16, 2024, Case #: 2024-Ohio-101, Categories: Civil Procedure, Energy
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J. DeWine finds the trial court's failure to reschedule a competency hearing after defendant refused to appear at the scheduled hearing did not violate his constitutional rights. Evidence in the record did not indicate any serious mental health issues that would have precluded a trial. Although defendant became confrontational in several meetings with his attorney, he told the trial court on several occasions he understood the proceedings against him and was merely frustrated by several delays to his eventual trial, which indicated he was competent to stand trial. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: December 28, 2023, Case #: 2023-Ohio-4716, Categories: Competence, Constitution
J. DeWine finds the ability of a trial court to reduce the length of an arson offender's registration on Ohio's arson offender registry being tied to a recommendation by prosecutors does not violate the separation of powers doctrine. The duty to register is not a criminal sentence but attaches as a matter of law and, therefore, is within the legislative branch's authority. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: November 9, 2023, Case #: 2023-Ohio-4035, Categories: Constitution, Sentencing, Arson
J. DeWine finds the appeals court erred in reversing trial court’s grant of summary judgment in favor of friend’s insurer Acuity. The vehicle owner allowed a friend who was not an “insured person” to borrow the vehicle when he drove off the road and injuring three people. Both insurance policies had the same liability limits, but the plain language of the policy has to be applied here for the definition of “insured person.” Under this plain language the friend’s insurer Acuity is the responsible party and must provide the coverage. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: October 19, 2023, Case #: 2023-Ohio-3780, Categories: Insurance
[Consolidated.] J. DeWine finds the Ohio Power Siting Board properly approved the solar power company's applications to construct two solar farms in Preble County. The farms comply with all applicable regulations, while the concerned citizens group was also provided with all environmental impact data, including noise and visual impact studies. Additionally, survey teams conducted studies of wildlife and vegetation that could be affected by the solar farms, and while the citizens group questions the methodology used by the teams, the board's regulations do not require any specific inspections. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: October 18, 2023, Case #: 2023-Ohio-3778, Categories: Energy, Environment, Licensing
J. DeWine finds that the Board of Tax Appeals erred when it determined the majority of the oil and gas company's fracking equipment does not qualify for a tax exemption because under the revised version of Ohio's relevant tax exemption, the equipment qualifies either as something used "directly in the production of oil or gas" or a "thing transferred" during the extraction process. Therefore, all of the equipment presented by the company is entitled to tax exempt status, except for its data van, which is a motor vehicle unrelated to the production process and not enumerated in the statute. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: August 2, 2023, Case #: 2023-Ohio-2598, Categories: Energy, Tax
J. DeWine finds the power siting board properly determined the wind turbine company met requirements for placement of a wind farm on a karst plain because the company's development proposal included mitigation plans to reduce environmental impact and ensure the local water supply remained undisturbed. The company also conducted geological and noise surveys to measure the impact of the wind farm on local residents and wildlife, including bald eagles nesting within a 2-mile radius of the site. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: July 27, 2023, Case #: 2023-Ohio-2555, Categories: Energy, Environment, Experts