7 results for 'judge:"Dorrian"'.
J. Dorrian finds defendant's claim of ineffective assistance of counsel regarding the filing of a notice of alibi prior to his trial on rape charges is contradicted by the record, which shows his attorney filed the notice more than six months before trial; therefore, the claim is meritless. Meanwhile, the trial court properly denied defendant's motion for acquittal because the victim's testimony established all the elements of the offenses with which he was charged and was sufficient to prove the assaults. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 26, 2024, Case #: 2024-Ohio-1139, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: Construction, Government, Interference With Contract
J. Dorrian finds the lower court properly admitted the guardian ad litem's testimony into evidence. Although the guardian did not observe the mother with her child, the mother's criminal conviction and incarceration during the majority of the case prevented in-person observation, while there was also other, overwhelming evidence to support the child's removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: January 23, 2024, Case #: 2024-Ohio-224, Categories: Evidence, Family Law
J. Dorrian finds that while the victim gave defendant permission to use his car prior to the shooting, defendant's robbery conviction was supported by sufficient evidence. The victim clearly could not give consent to allow defendant to drive the car after he was shot and killed. Meanwhile, eyewitness testimony from the victim's stepdaughter that she saw defendant shoot the victim at point-blank range shortly after the two exited the vehicle was sufficient to support the aggravated murder conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: December 21, 2023, Case #: 2023-Ohio-4671, Categories: Evidence, Murder, Robbery
J. Dorrian finds the lower court properly denied the son-in-law's motion to extend the discovery window in a will dispute and disputed his suit. His delay in conducting any discovery during the applicable window was solely the result of his own negligence or refusal to conduct depositions. Furthermore, the updated will used to establish the estate did not name the son-in-law as a beneficiary of any kind; therefore, he lacked standing to contest distribution of assets. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: November 28, 2023, Case #: 2023-Ohio-4286, Categories: Wills / Probate, Discovery
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J. Dorrian finds that the trial court properly applied the principle of equitable relief and allowed the tenant to renew various ground leases without providing proper notice to the owner. The notice error was harmless, given the owner made no changes during the notice period and acted as if it intended to renew the leases. The owner did not engage the services of any real estate brokers to list the properties and suffered no prejudice because of the renewal delay, which was primarily caused by an honest mistake of the tenant and a miscommunication between its legal counsel and CEO. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: September 29, 2023, Case #: 2023-Ohio-3556, Categories: Real Estate, Contract
J. Dorrian finds the lower court properly denied the father's motion to hold the mother in contempt for a violation of the parties' shared parenting plan because the only reason she was unable to transport the child to the father for his weekend visitation was because of a positive Covid-19 test that required a quarantine period for her and the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: September 26, 2023, Case #: 2023-Ohio-3437, Categories: Contempt, Family Law, Covid-19