19 results for 'judge:"Mayle"'.
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: Family Law, Judiciary, Jurisdiction
J. Mayle finds defendant's domestic violence conviction is supported by sufficient evidence. Testimony from hospital staff about the injuries sustained by the victim, including a fractured orbital bone and bruising, established she suffered serious physical harm, while descriptions of defendant's behavior at the hospital, which included yelling at the victim and showing no concern, established he was the perpetrator of the offense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1711, Categories: Evidence, Domestic Violence
J. Mayle finds that the county court correctly denied a motion for two incidents to be tried separately, one involving a robbery and murder and one involving the discharge of a weapon. The judge finds that sufficient evidence exists to join the incidents. However, the court incorrectly imposed the cost of confinement and council on appellant and the judge ruled that the state and the appellant shall share in those costs. Affirmed in part and reversed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 29, 2024, Case #: 2024-Ohio-1178, Categories: Firearms, Robbery, Attorney Fees
J. Mayle finds the trial court properly included a flight jury instruction during defendant's trial on a rape charge. He left the apartment immediately after the assault and failed to respond to any of the letters sent to him by police, which indicated they were looking for him in connection with their investigation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 8, 2024, Case #: 2024-Ohio-860, Categories: Sex Offender, Jury Instructions
J. Mayle finds the trial court erroneously determined it lacked jurisdiction over the school board's petition for a writ of prohibition. Recent case law and the current interpretation of the Ohio Constitution grants common pleas courts jurisdiction to hear such cases, which are no longer limited to appeals courts and the Ohio Supreme Court. However, because the Ohio Department of Education has the authority to settle residency disputes between school districts and the school district in this case had an adequate remedy by way of a declaratory judgment action, the petition for a writ of prohibition was properly dismissed by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 26, 2024, Case #: 2024-Ohio-285, Categories: Education, Jurisdiction
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J. Mayle finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services because the mother failed numerous drug screens during her case plan and refused to sever ties with the father, who was abusive toward her and the children, all of whom have thrived in foster care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 24, 2024, Case #: 2024-Ohio-284, Categories: Evidence, Family Law
J. Mayle finds that even though defendant's fingerprints were not found on drug paraphernalia and he was not physically in the hotel room where the drugs were seized, his convictions for drug possession were not against the weight of the evidence because testimony from several codefendants conclusively established he used his vehicle to transport shipments from suppliers to the hotel room and, therefore, had constructive possession of the drugs. Meanwhile, the delays in defendant's trial were caused by illnesses and his own attorney's motions for continuances, all of which tolled the speedy trial clock and allowed the trial court to deny his motion to dismiss on those grounds. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 19, 2024, Case #: 2024-Ohio-185, Categories: Drug Offender, Evidence, Speedy Trial
J. Mayle finds that although the victim admitted he met with defendant on several occasions, including for the purpose of sexual gratification, while a protective order was still in effect, defendant's conviction for menacing was supported by sufficient evidence. It stemmed from activities that took place over a year before the consensual meetings, including harassing text messages and stalking. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: November 22, 2023, Case #: 2023-Ohio-4237, Categories: Evidence, Menacing
J. Mayle finds the lower court properly denied family services' motion for permanent custody of the child and awarded custody to the father. While he may not have received training to deal with the child's special needs, he completed the majority of his case plan, while the agency's failure to provide specialized training is the only reason for the lack in training. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: November 20, 2023, Case #: 2023-Ohio-4238, Categories: Evidence, Family Law
J. Mayle finds the trial court properly admitted into evidence a threatening letter sent to a witness by defendant because his DNA on the envelope and similar handwriting to other documents sufficiently connected him to the letter, while the content of the letter, including details about the case only the perpetrator would have known, rendered it admissible. Meanwhile, although the majority of the evidence against defendant was circumstantial, cell phone data and DNA on the victim satisfied all elements of the kidnapping and murder charges and allowed the jury to convict. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: September 22, 2023, Case #: 2023-Ohio-3409, Categories: Dna, Murder, Kidnapping
J. Mayle finds the comments of two members of the Real Estate Commission following private deliberation provided sufficient analysis to support its finding the real estate agent violated certain Ohio real estate laws when she listed a property for sale without consent of the other owner of the property. Meanwhile, the commission's determination the agent was not the owner of the property was not incompatible with the relevant statute. Although her mortgage on the land made her an owner, the original seller of the property still maintained an ownership interest. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: September 1, 2023, Case #: 2023-Ohio-3138, Categories: Licensing, Real Estate
J. Mayle finds the trial court properly considered the presentence investigative report, which included police reports and witness statements of defendant's other criminal conduct, before it imposed a sentence. Defendant was given ample time to review and object to the report but chose not to do so, while his attorney was also afforded the opportunity to speak at length before sentencing. Additionally, the trial court did not violate defendant's due process rights when it considered a letter from the victim's mother during sentencing. Although that letter was not disclosed to the defense, it contained no new information and merely confirmed that defendant planned the shooting. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: August 18, 2023, Case #: 2023-Ohio-2903, Categories: Sentencing, Manslaughter, Due Process
J. Mayle finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. Although she obtained stable housing, she failed to remedy the primary issues that led to the children's initial removal, including a refusal to attend counseling sessions or send the children to school, and continuing her relationship with their abusive father. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 26, 2023, Case #: 2023-Ohio-2576, Categories: Evidence, Family Law
J. Mayle finds that the trial court properly designated the former wife as the sole residential parent and legal custodian over the two minor children. The former husband could not have been awarded custody of his children as he was still in prison at the time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 14, 2023, Case #: L-22-1169, Categories: Family Law
J. Mayle finds that the trial court properly convicted defendant of criminal trespass. Defendant claims that the court committed a reversible error by not calling for an "explanation of circumstances" to support his misdemeanor crime, but defendant pleaded guilty to the first-degree misdemeanor of criminal trespass and he knew what it meant to make a guilty plea for this charge. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 14, 2023, Case #: L-22-1172, Categories: Plea, Trespass
J. Mayle finds the trial court erroneously dismissed the mother's motion to set aside a judgment of paternity based on the grounds DNA evidence from the father was newly discovered evidence, as that theory is foreclosed by previous rulings. Meanwhile, the lower court also erroneously allowed the mother to file her claim on behalf of the child. There is an inherent conflict of interest between the parties; therefore, the case must be remanded to allow for the appointment of a guardian ad litem that can properly determine the best interests of the child before any paternity rights are established. Reversed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 23, 2023, Case #: 2023-Ohio-2089, Categories: Civil Procedure, Evidence, Family Law
J. Mayle finds defendant's no-contest plea to an assault charge was made knowingly and voluntarily because the trial court properly explained he was not admitting guilt but would stipulate to the evidence presented by the prosecution. Although defendant argues he was prejudiced because the state did not include the fact he was sprayed with mace by the corrections officer before he body-slammed him, this circumstance was not required to be included in the prosecution's version of events. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 20, 2023, Case #: 2023-Ohio-2008, Categories: Sentencing, Assault, Plea
J. Mayle finds that although defendant and two other witnesses testified he did not have any contact with his ex-wife or violate a protective order when he attended a grandchild's birthday party, his conviction was not against the weight of the evidence. The victim and her mother each testified about interactions at the party that went against the terms of the protective order, and it was up to the jury to determine the credibility of all the witnesses. Meanwhile, the failure by defendant's attorney to object to the admission of a previous menacing conviction did not constitute ineffective assistance of counsel because he was acquitted of the current menacing charge, while there was other substantial evidence to support the charges of which he was found guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 8, 2023, Case #: 2023-Ohio-1908, Categories: Ineffective Assistance, Jury, Menacing
J. Mayle finds the trial court properly granted permanent custody of a pair of twins to family services. The mother does not have an adequate bond with the children and made numerous false accusations against the foster parents, under whose care both children have thrived. The mother also refuses to maintain stable housing despite being employed, and, therefore, is unable to provide a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 23, 2023, Case #: 2023-Ohio-1732, Categories: Evidence, Family Law