19 results for 'judge:"Keough"'.
J. Keough finds the trial court properly granted the doctor's motion in limine to exclude questions regarding whether his hospital privileges had been revoked at any point during his medical career. The possibility of prejudice or jury confusion outweighed any probative value related to the standard of care he provided to the patient. The patient was able to provide expert testimony throughout the trial and also questioned the doctor about why he decided to stop delivering babies, all of which was sufficient to create an inference that his failure to properly deliver the patient's baby was based on a breach of the standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 14, 2024, Case #: 2024-Ohio-960, Categories: Evidence, Experts, Medical Malpractice
J. Keough finds the trial court properly denied defendant's motion to exclude extraction evidence from the victim's cell phone. Not only was the evidence not used by the state during trial, but defendant admitted his own cell phone records, including text messages, that corroborated the evidence. Meanwhile, the trial court properly continued defendant's trial in his absence following injuries sustained in a stabbing because evidence indicated the wounds were self-inflicted and, therefore, defendant's absence was his own fault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 7, 2024, Case #: 2024-Ohio-843, Categories: Evidence, Sex Offender
J. Keough finds the lower court properly denied the attorney's motion to dismiss on the grounds of res judicata. Although the firm to which he belongs was sued by the same law firm that acted as landlord to the parties, the attorney would not have been individually liable for any judgment in that case, which allowed the landlord law firm to bring the present action against him in his individual capacity. Meanwhile, the contract claim was properly decided in the landlord law firm's favor. Its decision to change the locks after the attorney vacated his leased space did not breach the parties' agreement, especially in light of the attorney's testimony that he removed his equipment and furniture because he did not intend to return. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 15, 2024, Case #: 2024-Ohio-579, Categories: Landlord Tenant, Contract
J. Keough finds the trial court properly granted the tenants' request for a stay in proceedings because the motion was not frivolous, but was made to allow another court to rule on the parties' related foreclosure case. Meanwhile, the landlord's request for $15,000 in damages against each tenant was properly denied by the trial court because the landlord presented no evidence to support that specific amount and failed to prove any physical damage to the property itself. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 1, 2024, Case #: 2024-Ohio-338, Categories: Civil Procedure, Landlord Tenant, Damages
J. Keough finds that the lower court did not abuse its discretion when it granted permanent custody of the child to family services because the mother’s refusal to engage in mental health services or take medication for her psychological conditions prevents her from providing a safe and stable home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: January 25, 2024, Case #: 2024-Ohio-255, Categories: Evidence, Family Law
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J. Keough finds the trial court properly admitted other acts evidence, including text messages between defendant and one of the victims, because the messages proved a volatile and sometimes violent relationship that established motive and intent for the murders. Meanwhile, autopsy photos of all the victims were properly admitted into evidence because they were used to show the timing of each murder in relation to defendant's setting the house on fire and were not unduly graphic or repetitive. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: January 18, 2024, Case #: 2024-Ohio-158, Categories: Evidence, Murder
J. Keough finds the victim's failure to remember the exact date on which she was raped by defendant does not render his conviction against the weight of the evidence. She testified it was at or near the time of her mother's death, which proved she was under the age of 13 at the time of the assault. Furthermore, defendant's confrontation rights were not violated when the trial court refused to allow him to cross-examine the victim about previous rape allegations made against other individuals. Although she gave conflicting testimony, it was likely that some sexual activity occurred and, therefore, Ohio's rape-shield law applied and excluded any cross-examination. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: January 11, 2024, Case #: 2024-Ohio-69, Categories: Confrontation, Sex Offender
J. Keough finds the trial court was not required to dismiss the university's collection action against the graduate student for the school's failure to join the finance company who disbursed federal loans to the student. The action could be resolved in its entirety without the finance company, which was not an indispensable party. However, the unjust enrichment claim should have been dismissed by the lower court because the relationship between university and student is contractual in nature, which rendered the unjust enrichment claim duplicative. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: December 21, 2023, Case #: 2023-Ohio-4650, Categories: Debt Collection, Education, Contract
J. Keough finds the lower court properly denied defendant's motion for post-conviction relief. None of the evidence presented by defendant, including handwritten notes from a witness about the perpetrators of a shooting, was ever suppressed by the prosecution. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: October 26, 2023, Case #: 2023-Ohio-3872, Categories: Evidence, Murder
J. Keough finds the trial court erroneously found defendant's conviction for assault was a fourth-degree felony, rather than a first-degree misdemeanor. Although the jury found the victim was a peace officer at the time defendant bit her, it did not find the assault occurred while she was acting as an officer, which is required for a felonious assault conviction. Therefore, the case must be remanded to allow for resentencing on the proper offense level. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: September 14, 2023, Case #: 2023-Ohio-3246, Categories: Sentencing, Assault
J. Keough finds the trial court properly denied the father's motion to hold the mother in contempt for child support violations. In the period during which she failed to provide private health insurance for their child, the child was covered by Medicaid and any award of payments would have unfairly benefited the father. Meanwhile, the trial court properly found the father in contempt for violations of the parties' parenting agreement after he turned off the GPS on the child's phone and refused to return him after a holiday weekend, actions that clearly indicated a willful violation of the agreement and not an honest mistake. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: August 24, 2023, Case #: 2023-Ohio-2960, Categories: Contempt, Family Law
J. Keough finds the trial court properly granted the home sellers' motion for summary judgment in a real estate dispute. Any issues with the property, including flooding in the basement and sewer issues, were either discovered by the buyer during inspection or were not required to be disclosed because of how long ago they occurred in relation to the sale. The buyer provided no evidence he found Dry-Lok paint had been used to conceal cracks in the foundation, while visible cracks and grading issues in the yard were discovered and noted by the buyer's inspector; therefore, the court properly applied the caveat emptor theory when it dismissed the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: August 10, 2023, Case #: 2023-Ohio-2773, Categories: Fraud, Real Estate
J. Keough finds that the trial court properly convicted defendant of murder. An eyewitness testified that defendant was the responsible party, and the autopsy revealed that the bullet that killed the victim came from defendant's gun. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: July 13, 2023, Case #: 112129, Categories: Evidence, Firearms, Murder
J. Keough finds the lower court properly granted the insurer's motion for summary judgment on a property owner's case concerning a rejected claim for fire-related coverage to a rental property. The owner used the home exclusively as a rental property and, therefore, was not entitled to coverage under the insurance policy, which covered only a home in which he lived. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: July 6, 2023, Case #: 2023-Ohio-2308, Categories: Insurance, Contract
J. Keough finds that defendant's failure to make specific claims about how pretrial delays that stemmed mainly from the Covid-19 pandemic prejudiced him requires dismissal of the speedy trial claim in his appeal. Meanwhile, the trial court properly denied defendant's motion to sever his assault charge from the murder charge. While the investigations for both incidents, which occurred on the same night in close proximity to one another, were intertwined, the evidence for each count was separate and distinct, and would not confuse the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: July 6, 2023, Case #: 2023-Ohio-2294, Categories: Criminal Procedure, Murder, Speedy Trial
J. Keough finds the trial court erroneously sua sponte determined a services agreement between the consulting firm and the client was illegal and void. The client never raised the issue as an affirmative defense and the consulting firm was unable to properly defend against the argument. However, because the client made sure the firm was compensated for services provided during an acquisition, albeit through payment from a third party, the contract claim filed by the consulting firm was meritless and summary judgment was warranted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 29, 2023, Case #: 2023-Ohio-2177, Categories: Civil Procedure, Contract
J. Keough finds the lower court properly granted the heating and air conditioning company's motion for summary judgment in a contract case regarding an allegedly faulty HVAC system in a landlord's commercial building. Unopposed evidence in the record indicates it fulfilled its contractual duties when it installed the HVAC system at the property and subsequent breakdowns were entirely the fault of the property owner and tenant, both of whom failed to maintain the system as required by the parties' agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 8, 2023, Case #: 2023-Ohio-1886, Categories: Warranty, Contract
J. Keough finds the jury's verdicts - guilty on one count of assault and not guilty on another - do not render defendant's convictions against the weight of the evidence or indicate inconsistency on the part of the jury. Each count of the indictment was separate and distinct, while the not guilty verdict may have been given out of leniency or compromise. Meanwhile, although the victim's out-of-court identification included her statement she was only "80 percent sure" defendant was the shooter, she identified him at trial and was corroborated by surveillance footage and other eyewitnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 8, 2023, Case #: 2023-Ohio-1892, Categories: Jury, Assault, Identification