11 results for 'judge:"Hoffman"'.
J. Hoffman finds defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment right to bear arms. The states' bans on felons owning firearms is reasonably related to the legitimate government interest of keeping weapons out of the hands of dangerous individuals. Meanwhile, defendant's motion to suppress the results of a search of his home was properly denied by the trial court despite the lack of certain details from the affidavit used by police to secure a search warrant. The confidential informant used by police, despite not being named, had provided correct information in the past, while other details about defendant's drug trafficking out of the home were confirmed by surveillance and established probable cause. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 7, 2024, Case #: 2024-Ohio-1760, Categories: Constitution, Firearms, Search
J. Hoffman finds that defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment rights. The law is related to the government's reasonable goal of keeping guns out of the hands of dangerous individuals. Meanwhile, the trial court properly denied defendant's motion to suppress because the affidavit used to secure a search warrant included specific information about the property provided by a reliable informant and was also based on surveillance of the property. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 6, 2024, Case #: 2024-Ohio-1827, Categories: Constitution, Drug Offender, Firearms
J. Hoffman finds the lower court properly allocated a larger portion of the couple's credit card debt to the wife because she was in exclusive control of the card following the couple's separation and failed to provide any evidence regarding the source of the debt already on the card at the time of the separation. Meanwhile, testimony the wife claimed all three children as dependents on a separate tax return despite being ordered not to do so was sufficient to establish financial misconduct and allowed the court to deny her request for spousal support. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: April 5, 2024, Case #: 2024-Ohio-1328, Categories: Evidence, Family Law
J. Hoffman finds that the trial court did not properly include a mortgage on a property when dividing the proceeds of a foreclosure sale, noting that the record clearly indicates that the lender has a mortgage on the property. The judge finds that the trial court did properly reference rental income assignments and properly fulfilled other procedural duties related to the foreclosure sale. Reversed in part. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 29, 2024, Case #: 2024-Ohio-1184, Categories: Civil Procedure, Property
J. Hoffman finds the trial court properly denied defendant's motion to suppress the results of a search of his home during his weapons and drug possession trial. Although he was experiencing symptoms of a medical emergency, there was no coercion on the part of the police officer who asked to come inside, while defendant also took no medication once inside the property and consented to the search after being asked twice. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 22, 2024, Case #: 2024-Ohio-1094, Categories: Firearms, Search
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J. Hoffman finds that the tax tribunal properly determined that the aviation supplier was not entitled to a sales tax exemption for property temporarily store in-state before being transported and used out-of-state. The supplier's customers' purchases of aviation fuel were partially consumed in Illinois. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: February 29, 2024, Case #: 230072, Categories: Tax
J. Hoffman finds that the lower court properly found for the company in a personal injury suit stemming from a car accident, ruling that workers' compensation is the exclusive remedy in these circumstances where a car hit the car in front of it, causing that car to hit the plaintiff pedestrian. There is no dispute that the defendant company was plaintiff's borrowing employer and is therefore protected by workers' compensation laws. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 26, 2023, Case #: 221792, Categories: Tort, Vehicle, Workers' Compensation
J. Hoffman finds that the lower court properly dismissed an employee's discrimination suit against the hospital based on its rejection of her request for a religious exemption to the employer's policy requiring prove of a Covid-19 vaccination. The Illinois Health Care Right of Conscience Act protects employers from discrimination claims for policies intended to prevent contraction or transmission of Covid. It does not matter if the vaccine actually works to protect recipients, just that it is intended to provide protection against the virus's transmission. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 12, 2023, Case #: 230740, Categories: Health Care, Covid-19, Employment Discrimination
J. Hoffman sustains defendant's assignment of error to find plain error with his lifetime reporting requirement on the arson registry. The portion of the statute that requires a recommendation from the prosecuting attorney and the investigating law enforcement agency is unconstitutional because it may not allow the trial court to impose an arson offender's reporting requirement to less than a lifetime. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: July 13, 2023, Case #: 2022-CA-50, Categories: Constitution, Arson
J. Hoffman finds the trial court properly denied defendant's motion to exclude the results of a blood test following the fatal crash that led to her trial on aggravated vehicular homicide charges. She failed to provide specific evidence the test was conducted in violation of collection standards or that a delay in taking the test affected the results in any way. Meanwhile, the trial properly denied defendant's request for a lesser-included offense of vehicular manslaughter. Not only did all of her charges already include lesser offenses, but evidence indicates defendant committed various traffic infractions and was under the influence of fentanyl. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: June 20, 2023, Case #: 2023-Ohio-2040, Categories: Drug Offender, Vehicular Homicide, Jury Instructions
J. Hoffman finds the lower court properly determined nothing in the property owner's contract with the development required it to maintain the dam to "ensure the permanent nature of the lake." The dam is maintained by the state of Ohio and so any change in the water level is caused by the state, not any action that could be considered interference under the agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: June 9, 2023, Case #: 2023-Ohio-1926, Categories: Environment, Property