24 results for 'judge:"Gwin"'.
J. Gwin finds the lower court properly denied defendant's motion for postconviction relief based on her attorney's failure to hire a mitigation expert. Although the report prepared by the expert witness in subsequent filings was more detailed in its explanation of defendant's mental illnesses, the trial attorney presented much of the same evidence during her sentencing report and the trial court properly considered all mitigating factors. Furthermore, the lack of any biased statements made by the trial judge and his impartial consideration of all sentencing factors precludes defendant from proving her claim of judicial bias, which was properly rejected by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-906, Categories: Ineffective Assistance, Murder, Experts
J. Gwin finds the victim's testimony he confronted defendant in the driver's seat of his vehicle and that defendant pointed a gun at him before striking him with the same weapon as he fled was sufficient to convict defendant of aggravated robbery and felonious assault. Meanwhile, the jury's decision to acquit defendant on several firearm specifications did not create an inconsistent verdict because there was sufficient evidence to support all of the guilty verdicts, while the acquittal could represent mercy or compromise on the part of the jury, not confusion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-923, Categories: Evidence, Jury, Robbery
J. Gwin denies the property manager's motion to dismiss, ruling that even though he was not an owner of the management company, he can still be held liable under federal law for acts of sexual harassment and abuse toward tenants and applicants. Meanwhile, the management company's failure to discipline the manager after it became aware of years of harassment toward female tenants renders it liable for his actions; therefore, the management company's motion to dismiss is also denied.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: February 21, 2024, Case #: 4:23cv1744, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Gwin finds the lower court properly denied the inmate's motion for postconviction relief related to the trial court's denial of his motion to change his plea. His claim of a mental breakdown is insufficient to prove his guilty plea was not made knowingly or voluntarily, especially considering there is no evidence of coercion, and he made both oral and written waivers of his various rights when he pleaded guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 13, 2024, Case #: 2024-Ohio-535, Categories: Sex Offender, Plea
J. Gwin finds testimony from codefendants established defendant was aware it was the intention of the three men to kill the victim for his suspected theft of their personal belongings, and that even if he had left the scene of the crime before the victim died, his beating of the victim with both his fists and a brick was sufficient to convict him of murder. Although defendant's attorney failed to cross-examine his accomplices about inconsistencies in their versions of the crime, his conduct did not rise to the level of ineffective assistance because the court gave a comprehensive instruction to the jury that all the accomplice testimony should be viewed with grave suspicion. Affirmed
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 7, 2024, Case #: 2024-Ohio-429, Categories: Evidence, Ineffective Assistance, Murder
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J. Gwin denies the roofing company's motion for a preliminary injunction against its former sales employee, ruling none of the more than 2,000 files taken by the employee before he left to join a competitor constitute trade secrets because no proprietary software was stolen and any previous bid information was rendered useless by shifting material costs.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: January 8, 2024, Case #: 1:23cv1341, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract, Injunction
J. Gwin finds the trial court improperly denied defendant's request he be allowed to use medical marijuana during the community control portion of his sentence. He has a valid prescription card for the drug, his conviction for attempted assault was in no way related to drugs or alcohol, and prohibition of the use of a prescriptive drug in no way helps his rehabilitation. Reversed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: December 7, 2023, Case #: 2023-Ohio-4429, Categories: Sentencing, Assault
J. Gwin denies, in part, the employer's motion to dismiss, ruling the female employee's retaliation claim is not barred by claim preclusion. Although an arbitrator ruled in her favor during proceedings with the union, the current claim is based on Title VII, an entirely separate framework.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: November 29, 2023, Case #: 5:23cv296, NOS: Employment - Civil Rights, Categories: Employment Retaliation, Labor / Unions
J. Gwin finds the lower court properly upheld the Unemployment Compensation Review Commission's determination that the library assistant resigned in lieu of an inevitable termination for cause. Her actions, which included making racist comments to students and posting offensive messages on her public Facebook page, gave the school district cause to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 27, 2023, Case #: 2023-Ohio-4299, Categories: Education, Employment
J. Gwin finds the lower court properly adopted the magistrate's decision in favor of the property owner on the buyer's declaratory judgment claim. Its failure to close the sale by an agreed upon date deprived it of any interest in the real estate. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 22, 2023, Case #: 2023-Ohio-4232, Categories: Real Estate, Contract
J. Gwin finds defendant's drug trafficking conviction was supported by sufficient evidence despite the lack of an overt act. More than 11 grams of methamphetamine was found in defendant's bedroom, while a scale and plastic baggies were also recovered, all of which was circumstantial evidence indicating defendant intended to distribute the drugs. Furthermore, the trial court properly denied defendant's motion to suppress because police had three active warrants against him and his grandmother let them into the house when they executed the warrants. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 14, 2023, Case #: 2023-Ohio-4099, Categories: Drug Offender, Evidence, Search
J. Gwin finds the trial court erroneously denied defendant's motion to suppress her Google search history. The law enforcement official who applied for the search warrant lacked the necessary expertise to establish probable cause for the search or explain the exact location of the data that would provide a link between defendant and the crime. However, because the evidence of the search, including results for "how to rinse off mace," was not instrumental in the jury's verdict, which was supported by eyewitness testimony and other evidence, the error was harmless and defendant's conviction will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: October 17, 2023, Case #: 2023-Ohio-3781, Categories: Burglary, Evidence, Search
J. Gwin grants the employer's motion for summary judgment, ruling its failure to take any corrective action against the supervisor who sexually harassed the waitress is not actionable because the waitress did not report the harassment until after she resigned. Additionally, the waitress cannot establish a prima facie case for retaliation because without taking any protected action to report the harassment, she cannot prove the employer deliberately allowed intolerable working conditions that forced her to resign.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: October 2, 2023, Case #: 1:22cv1896, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Gwin finds the failure by defendant's attorney to cross-examine the coroner who performed the autopsy of the victim did not constitute ineffective assistance of counsel. Testimony about the number of drugs in his system at the time of death was presented at other times during trial and, therefore, there is no indication a cross-examination would have provided any exculpatory evidence. Meanwhile, the jury did not clearly lose its way when it rejected defendant's self-defense argument and convicted him of murder. Although the victim threatened defendant verbally, these types of threats do not constitute serious provocation under Ohio law, while surveillance footage of the incident also undercut defendant's claim he feared for his life before he fired the fatal shot. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: September 6, 2023, Case #: 2023-Ohio-3137, Categories: Ineffective Assistance, Murder, Self Defense
J. Gwin finds that the lower court did not abuse its discretion when it terminated the mother's parental rights and granted permanent custody of her child to family services because she failed to complete the majority of the objectives in her case plan, canceled several appointments for mental health evaluations, and did not remedy the issues that led to the initial removal of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: August 1, 2023, Case #: 2023-Ohio-2679, Categories: Evidence, Family Law
J. Gwin denies the home health care services company's assignment of error alleging that the trial court improperly denied its protective order motion contending that it would suffer serious injury from disclosing information in the family's case, which alleges that the company's staff did not provide adequate treatment during the mother's labor and delivery, resulting in the child's serious brain damage. The company does not show that it will suffer a clear and defined injury as a result of discovery because it does not establish anything unique about its policies and procedures compared to other hospitals, and the company does not establish that the documents in question are confidential because it disclosed similar documents in prior cases without stipulations.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 13, 2023, Case #: 2022-CA-0078, Categories: Discovery, Medical Malpractice
J. Gwin grants the employer's motion to dismiss, ruling current employees initially denied religious exemptions to the Covid-19 vaccine mandate lack standing because they were granted exemptions before the suit was filed and, therefore, have not shown the threat of an imminent injury. Meanwhile, those former employees who claim they were constructively discharged after initially being denied exemptions also lack standing because they have not shown disparate treatment or disciplinary actions taken because of their religious beliefs, but rather, they left voluntarily before the adjudication of their requests for exemptions.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: July 12, 2023, Case #: 1:22cv2154, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Class Action
J. Gwin finds conflicting witness testimony is not enough to render defendant's murder and firearm convictions against the weight of the evidence. The jury was in the best position to determine witness credibility and the prosecution's witnesses presented evidence sufficient to return a guilty verdict. Meanwhile, defendant was not prejudiced by the admission of violent lyrics of a rap song he tweeted the day before the murder because his state of mind was not at issue and he was not charged with premeditated murder; therefore, the evidence may not have been relevant, but it was clearly not used by the jury as a means to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 10, 2023, Case #: 2023-Ohio-2361, Categories: Evidence, Firearms, Murder
J. Gwin finds that even if the trial court erroneously allowed the expert witness to testify about damage done to the home by the contractor without the submission of his expert report prior to trial, the error was harmless. The contractor and his attorney were aware of the testimony prior to trial and were able to cross-examine the witness. Meanwhile, the expert's history of working on thousands of construction jobs and owning two construction companies was sufficient for the court to certify him as an expert witness, while his thorough inspection of the property prior to trial rendered his testimony reliable and admissible. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 6, 2023, Case #: 2023-Ohio-2317, Categories: Construction, Experts, Contract
J. Gwin finds the lack of physical injury or trauma to the 5-year-old victim does not render defendant's gross sexual imposition convictions against the weight of the evidence. Video evidence of the victim stating defendant "tickled" her in the vaginal area while the two were alone in his camper was sufficient for the jury to convict him. Meanwhile, the admission of the video evidence without the victim's live testimony at trial did not violate defendant's confrontation rights because the interview was conducted as part of an investigation by a sexual assault nurse and was, therefore, relevant to her medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 27, 2023, Case #: 2023-Ohio-2128, Categories: Confrontation, Sex Offender, Child Victims
J. Gwin finds that while the trial court may have been "unwise" to make comments about his blanket policy not to send those convicted of misdemeanor drug possession charges to jail, his sentence of one-year unsupervised probation was not unreasonable. All of the required factors were properly considered before it was imposed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 26, 2023, Case #: 2023-Ohio-2104, Categories: Drug Offender, Judiciary, Sentencing
J. Gwin finds the lower court properly denied the mother's request to have the child live with her in Texas in a divorce case. Although the child expressed a desire to move there, her wishes, which seemed to the court to be a result of coaching from the mother, were only a part of the evidence considered by the court, which also included poor grades and attendance at school when living with the mother and no safety issues while in the father's custody. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 1, 2023, Case #: 2023-Ohio-1826, Categories: Evidence, Family Law
J. Gwin finds the lower court properly terminated the mother's parental rights and granted custody of her children to family services. Her refusal to take prescription medications or change various behavioral issues prevented her from being able to care for the children within a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1755, Categories: Evidence, Family Law
J. Gwin finds that while defendant's assault and riot convictions for his attack on fellow inmates could have been proven by the state without the introduction of gang affiliation evidence, the trial court properly allowed the evidence, which was not used to show defendant's propensity to commit a crime, but rather to prove motive and show it was part of a coordinated plan by several individuals. Meanwhile, the trial court properly imposed the maximum, consecutive sentences after it decided the aggravating factors, including the brutal nature of the attack, which included a chair and continued after the victim had collapsed, outweighed any mitigating evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: May 15, 2023, Case #: 2023-Ohio-1634, Categories: Sentencing, Assault, Gangs