22 results for 'judge:"Mays"'.
J. Mays finds the trial court properly allowed a witness to testify about previous criminal activity by defendant at his trial on several murder charges. The evidence, including testimony about credit card fraud and an admission to a previous murder, was used to establish motive. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: April 25, 2024, Case #: 2024-Ohio-1586, Categories: Evidence, Murder
J. Mays finds the trial court properly awarded the landscaping company more than $62,000 in damages for side work performed by the former employee while he was still employed. The employee's claim he only took on jobs the company could not handle was rebutted by a coworker's testimony the company was willing and able to complete all of the jobs the employee turned down so he could do the work on his own. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: January 11, 2024, Case #: 2024-Ohio-73, Categories: Trade Secrets, Damages, Contract
J. Mays finds security camera footage showing defendant's vehicle in the vicinity of the crime scene, along with eyewitness testimony about the shooting, was sufficient for the jury to convict him on complicity murder and weapons charges. Meanwhile, the trial court properly admitted the detective's testimony about possible motives for the crime discussed by police prior to defendant's arrest. Defendant's attorney was able to fully cross-examine the detective to avoid any confusion on the part of the jury about the timeline of events in the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: December 28, 2023, Case #: 2023-Ohio-4791, Categories: Evidence, Jury, Murder
J. Mays denies the plaintiff delivery driver's motion for a new trial in this negligence lawsuit alleging that he was injured at the defendant company's warehouse when he was there picking up a delivery and fell off a loading dock. The jury found in favor of the defendant company, and the verdict was not against the weight of the evidence. Also, the admission of a demonstration video does not entitle the driver to a new trial.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 14, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Negligence
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J. Mays enters an agreed protective order governing the production of discovery in this case. The protected information may include "documents, tangible items, or information, including electronically stored information," which should be protected from public disclosure.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 12, 2023, Case #: 2:23cv2444, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Discovery
J. Mays finds the trial court did not prejudice the jury against defendant when it informed the jurors about grand jury proceedings and used the phrase "more likely than not that a defendant did commit the crime." The court followed that phrase with an appropriate explanation of probable cause and reiterated to the jury defendant was innocent until proven guilty. Meanwhile, text messages that implicated defendant in both robberies and her admission to police that she shot the victim "because she was scared" was sufficient to convict her of all the crimes with which she was charged. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 30, 2023, Case #: 2023-Ohio-4306, Categories: Evidence, Jury, Murder
J. Mays finds the trial court properly denied defendant's motion to suppress for lack of probable cause in his DUI case. The off-duty detective's observance of his erratic driving, which included running up on a curb and weaving between lanes, was sufficient to allow an on-duty police officer to initiate a stop despite the lack of traffic violations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 22, 2023, Case #: 2023-Ohio-4210, Categories: Search, Dui
J. Mays finds the trial court improperly imposed consecutive sentences for an aggregate term of 71 years after defendant pleaded guilty to various drug, weapons and assault charges. The punishment is not proportionate to the conduct at issue in his case, which resulted in physical harm to a single victim. Therefore, defendant's sentence will be modified and reduced to 36 years upon remand to the trial court. Reversed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 16, 2023, Case #: 2023-Ohio-4119, Categories: Drug Offender, Sentencing
J. Mays finds the trial court properly set the marriage termination date as the first day of the trial even though that was nearly four years after the wife filed for divorce because the gamesmanship from both parties created the delay, while the wife was also financially dependent on the husband throughout the relationship. Meanwhile, the court properly granted the wife 50 percent of the husband's stock awards through his employer because the awards were not listed as income on his financial disclosures and, therefore, were not counted twice by the court during its division of assets. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: September 28, 2023, Case #: 2023-Ohio-3467, Categories: Evidence, Family Law
J. Mays upholds defendant's assault and weapons convictions. While conflicting testimony was presented at defendant's trial on assault and weapons charges, the jury was in the best position to determine the credibility of witnesses, including the victim, and because his story satisfied all elements of the assault offenses, defendant's convictions were not against the weight of the evidence. However, because none of the testimony at trial placed defendant near a public roadway, his conviction for discharge of a firearm upon or over a public roadway was not supported by sufficient evidence and must be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: September 7, 2023, Case #: 2023-Ohio-3150, Categories: Evidence, Firearms, Assault
J. Mays grants the defendant company's dismissal motion in this lawsuit brought by an individual under the Fair Debt Collection Practices Act. The individual plaintiff fails to establish standing, as she has not shown that she suffered an emotional injury or that the company "made a definite promise of a payment plan and violated that promise." Accordingly, the complaint is dismissed for lack of jurisdiction, though the individual plaintiff is granted leave to amend.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: September 7, 2023, Case #: 2:22cv2656, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Jurisdiction
J. Mays denies defendant's application to reopen his appeal, ruling his attorney's failure to raise the issue of the trial court's refusal to allow a video to be played for the jury did not constitute ineffective assistance. Although the prosecution stipulated to the admission of the video, defendant planned to use it to impeach the testimony of a non-testifying witness and, therefore, it was inadmissible.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: August 21, 2023, Case #: 2023-Ohio-2951, Categories: Evidence, Ineffective Assistance
J. Mays finds that while the trial court incorrectly ordered defendant to serve the sentences for her misdemeanor and felony convictions consecutively, any correction to the sentence will not reduce the number of years she serves in prison and, therefore, there is no need to issue a corrective order or resentencing. Meanwhile, the trial court properly imposed consecutive sentences, as it considered all relevant evidence and statutory guidelines, as well as mitigation evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: August 17, 2023, Case #: 2023-Ohio-2877, Categories: Sentencing, Kidnapping, Child Victims
J. Mays grants the defendant company's motion for partial summary judgment in this personal injury case allegedly involving a forklift at defendant's warehouse. The courier's claim for punitive damages will be dismissed, as there was no evidence that the company or its employee, the forklift driver, "acted recklessly."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: August 15, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages
J. Mays dismisses defendant's delayed appeal arising from when he pleaded guilty to one count of attempted abduction and one count of gross sexual imposition. Defendant claims that the sentence was too harsh and that he should not have been allowed to register himself as a Tier I sex offender, but he makes his arguments without citing either relevant legal citation or Ohio law statutes.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: July 13, 2023, Case #: 112228, Categories: Sex Offender
J. Mays denies without prejudice a motion for approval of a collective action settlement in this case brought by a delivery driver under the Fair Labor Standards Act. The motion is unopposed, but the settlement agreement lacks a valid form of opting-in for other potential plaintiffs. Accordingly, that defect must be remedied. Additionally, dismissal is not appropriate until "all parties have opted-in."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: July 7, 2023, Case #: 2:21cv2200, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Mays finds defendant's adjudications of delinquency on assault and tampering charges were supported by sufficient evidence, including testimony that she threatened to kill the victim the day before the shooting and removed a live bullet from her home while fully aware a police investigation was likely to result from the shooting. Meanwhile, the trial court's failure to swear in a witness prior to her testimony did not violate defendant's confrontation rights, as defense counsel was still able to cross-examine the witness and there is no indication any of the testimony was false. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: July 6, 2023, Case #: 2023-Ohio-2293, Categories: Confrontation, Juvenile Law, Assault
J. Mays grants the individual police officer's motion for summary judgment in this lawsuit arising from a traffic stop, in which the passenger was arrested and now asserts claims for false imprisonment and excessive force. Body-camera footage from the stop shows that she was not tackled, and the individual officer in question did not open her car door or "take her phone or other possessions." Her First Amendment retaliation claim also fails, since the officers never told her to stop filming with her phone.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: June 26, 2023, Case #: 1:20cv1145, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights