6 results for 'judge:"Kinsley"'.
J. Kinsley finds the trial court erroneously denied defendant's motion to suppress statements made to police after he was pulled over. The arresting officer ordered defendant out of his vehicle, made several commands, accused him of several crimes, and questioned him for more than 44 minutes, all of which would have led defendant to believe he was in custody at the time of the questioning and required the officer to read him his Miranda rights. Additionally, the trial court erroneously admitted evidence of defendant's actions in Georgia before the victim was found dead in her home. The evidence was used only to establish intent - which was never challenged by defendant - and, therefore, it was "other acts" evidence that should have been excluded. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: April 26, 2024, Case #: 2024-Ohio-1604, Categories: Evidence, Miranda, Murder
J. Kinsley finds the lower court properly terminated the father's parental rights and granted permanent custody of his children to family services. He missed more visitations than he attended, refused to recognize the danger posed by the children's mother, a drug addict, and was unable to provide care sufficient to meet the specialized medical needs of each child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: December 15, 2023, Case #: 2023-Ohio-4554, Categories: Evidence, Family Law
J. Kinsley finds the trial court properly denied defendant's motion for acquittal at the conclusion of his trial on a murder charge that stemmed from the death of his 7-month-old son. Expert testimony established the skull fracture that caused the victim's death was recent, while defendant was alone with the child for the entirety of the night before the baby was found unresponsive in his crib. Meanwhile, the prosecutor's comments during closing arguments about the potential for bias on the part of defendant's expert witness as a result of payments received for his testimony did not constitute prosecutorial misconduct because such bias is a legitimate subject of inquiry for the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: October 25, 2023, Case #: 2023-Ohio-3861, Categories: Murder, Experts, Child Victims
J. Kinsley finds the trial court properly granted the lenders' motion for summary judgment against the guarantor of the loans based on affidavits from the asset manager with firsthand knowledge of the loans, as well as the initial loan documents signed by the guarantor that rendered him personally liable in the event of a default. Meanwhile, although the trial court sua sponte altered its judgment to include damages against the guarantor, the decision did not violate his due process rights. He was given the opportunity to brief and argue the entirety of the case before the court's initial and amended decisions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: August 11, 2023, Case #: 2023-Ohio-2784, Categories: Damages, Due Process, Contract
J. Kinsley finds that the lower court improperly admitted evidence regarding the revocation of a physician’s medical licenses and other lawsuits filed against him in this dispute brought by a former patient and her husband alleging negligence, battery, failure to obtain informed consent, and other claims. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: July 21, 2023, Case #: 2023-Ohio-250, Categories: Medical Malpractice
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J. Kinsley finds the trial court properly dismissed the Texas law firm's complaint for a share of attorney fees for referral services. The draft agreement and emails sent to the Ohio firm that represented the client, which failed to include any fee percentage or specific terms, did not constitute an oral contract. Additionally, the attorney at the Ohio firm never agreed to the vague terms set forth in the emails and, in fact, rejected the offer several months later, all of which supports the lower court's decision to dismiss the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: May 24, 2023, Case #: 2023-Ohio-1728, Categories: Fraud, Attorney Fees, Contract