6 results for 'judge:"Epley"'.
J. Epley finds the lower court properly granted the school district's motion for summary judgment on race discrimination claims filed by a black employee. She failed to establish a prima facie case for discrimination, given that she was not replaced with an employee outside her protected class and the district had legitimate reasons not to renew her contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 15, 2024, Case #: 2024-Ohio-979, Categories: Education, Evidence, Employment Discrimination
J. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: Contempt, Evidence, Family Law
J. Epley finds defendant's conviction for attempted trespass was supported by sufficient evidence even though she and the owners of the home were related by marriage. Testimony indicates they had little-to-no relationship and defendant had no key or access code to the property, which she attempted to enter well past midnight. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: January 19, 2024, Case #: 2024-Ohio-177, Categories: Evidence, Trespass
J. Epley finds the trial court properly denied defendant's motion to sever his indictment into separate trials on murder, assault and weapons charges. Although the incidents that resulted in the charges took place only hours apart, the witnesses for each crime were entirely unique and the primary issue of fact was the shooter's identification; therefore, a single trial did not prejudice defendant. Furthermore, the trial court properly denied defendant's motion to suppress identifications made by several victims. Even though one of the photo lineup administrators was involved in the police investigation, he was unaware of the shooter's identity when he administered the tests. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: December 15, 2023, Case #: 2023-Ohio-4565, Categories: Criminal Procedure, Murder, Identification
J. Epley finds the trial court properly denied defense counsel's motion to withdraw the day before defendant's trial on attempted murder and firearm charges. Although defendant claimed the two could not get along and he wanted to represent himself, there was no merit to any of his arguments. The attorney had reviewed the pro se filings defendant wished to submit to the court, all of which were meritless, while the trial court rejected defendant's claim of judicial bias. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: September 15, 2023, Case #: 2023-Ohio-3271, Categories: Criminal Procedure, Fair Trial
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J. Epley finds defendant's DUI conviction was based on sufficient evidence, including testimony from the arresting officer about his slurred speech, inability to complete sobriety tests, and his refusal to take a breathalyzer at the scene, which was necessary for the repeat offender conviction. Meanwhile, the trial court properly admitted into evidence a letter sent by defendant to the prosecutor and trial court that contained an admission of guilt and a request he be sent to a treatment program instead of prison because plea negotiations had ended at the time the letter was written and delivered. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: August 18, 2023, Case #: 2023-Ohio-2894, Categories: Evidence, Dui, Plea