7 results for 'judge:"Deters"'.
J. Deters finds the lower court erroneously granted the consumer's motion to withdraw her request for a jury trial over the pool company's objection. Although she was the party to pay the $500 jury deposit, Ohio law requires the consent of all parties to withdraw a jury request once the initial request has been perfected through payment. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 26, 2024, Case #: 2024-Ohio-1065, Categories: Civil Procedure, Jury
J. Deters finds the trial court properly denied defendant's motion to represent himself during his trial on two murder charges because the request was made nearly two years after the case had been placed on the court's docket and was clearly a delay tactic, given the trial was set to begin in a week and defendant claimed to need several more months to examine all the evidence. Furthermore, although the prosecutor's comments during closing arguments that defendant was unreliable and the manipulation of several individuals showed defendant's poor character were inappropriate, they did not deprive him of a fair trial. The death sentences are appropriate based, in part, on the brutal nature of the crimes, including multiple stab wounds to the victims and his dismemberment of the bodies. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 14, 2024, Case #: 2024-Ohio-902, Categories: Death Penalty, Murder, Self Representation
J. Deters finds the juvenile court properly denied defendant's motion to suppress statements made to police after he was read his Miranda rights in his murder case. He knowingly and voluntarily waived the rights. Although defendant was 15 at the time and had a below average IQ, he was found competent to stand trial, was not intimidated or coerced by police during the interview, and his mother was present when police first arrived, all of which rendered his waiver legitimate. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: February 21, 2024, Case #: 2024-Ohio-595, Categories: Juvenile Law, Miranda
J. Deters finds that defendant's failure to prove he was unavoidably prevented from discovering his victim's recantation of identification evidence at trial deprived the lower court of jurisdiction to hear his successive petition for postconviction relief and, therefore, his petition was properly denied. Although the affidavit from the victim in which he admitted he was unsure of the identity of his attacker was dated beyond the deadline for defendant to file his successive postconviction relief petition, this date does not establish when the recantation evidence became available and does not satisfy the unavoidably prevented standard, which prevented defendant from establishing a constitutional violation. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: January 18, 2024, Case #: 2024-Ohio-134, Categories: Criminal Procedure, Constitution, Jurisdiction
J. Deters finds the lower court properly dismissed a child's loss of consortium claim. When a parent's medical negligence claim is barred by Ohio's statute of repose, the loss of consortium claim is also extinguished. Although the child's claim is not derivative of the patient's initial medical negligence action, the statute of repose bars the claim in its entirety, not just the remedy, as a statute of limitations would, and prevents the loss of consortium claim. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: December 28, 2023, Case #: 2023-Ohio-4696, Categories: Civil Procedure, Medical Malpractice
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J. Deters finds the juvenile court improperly used a probable cause analysis and denied the state's bindover request in a juvenile's shooting-related case. The DNA evidence on the trigger and grip of the gun used in a shooting satisfied the burden of proof to require a mandatory bindover of the juvenile's case to adult court, as it raised more than a mere suspicion of his guilt. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: December 1, 2023, Case #: 2023-Ohio-4273, Categories: Dna, Juvenile Law, Manslaughter
[Consolidated.] J. Deters finds the Reagan Tokes Law does not violate the separation of powers doctrine. Although the Department of Rehabilitation and Corrections may extend an inmate's sentence beyond the minimum number of years imposed by the trial court, the minimum and maximum terms of the sentence are never altered once established by the trial court at the initial sentencing hearing and, therefore, the trial court maintains exclusive control over the sentencing process. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: July 26, 2023, Case #: 2023-Ohio-2535, Categories: Constitution, Sentencing, Due Process