9 results for 'judge:"Osowik"'.
J. Osowik finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to complete parenting classes required as part of her case plan and was unable to provide the specialized medical care needed by the child, who has several developmental disabilities and is wheelchair-bound. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: January 12, 2024, Case #: 2024-Ohio-110, Categories: Evidence, Family Law
J. Osowik finds the deletion of the contents of one of the victim's phones did not violate defendant's due process rights. He failed to explain how any of the data could have been used as exculpatory evidence, especially considering the only piece of data known to be on the device was a confession that would have hindered defendant's case. Meanwhile, the use of various insults during closing arguments by the prosecution, including calling defendant a maniac, sexual predator and monster, did not constitute prosecutorial misconduct. They were used sparingly throughout the hour-long remarks, while there was also abundant evidence of defendant's guilt, including victim testimony, DNA samples and text messages. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: December 22, 2023, Case #: 2023-Ohio-4683, Categories: Sex Offender, Due Process, Child Victims
J. Osowik finds that while the administrator of the decedent's estate believed he acted in good faith when he distributed or sold various possessions after her death, the lower court properly found he violated Ohio laws regarding unlawful conveyance of estate property. A good faith defense is insufficient to override the facts of the case that clearly establish he acted without consent or input from any of the decedent's siblings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: November 3, 2023, Case #: 2023-Ohio-4008, Categories: Family Law, Wills / Probate
J. Osowik finds the trial court properly denied the landlord's motion for a continuance to obtain the deposition transcript from the tenants for the purposes of calculating damages. He was able to present all of his evidence before the court at the damages hearing, while the court was also already aware of all the evidence contained in the depositions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: September 8, 2023, Case #: 2023-Ohio-3193, Categories: Civil Procedure, Landlord Tenant, Damages
J. Osowik finds defendant was not prejudiced by the trial court's admission of recorded phone calls between herself and the family member who had custody of her children at the time the victim died of a drug overdose. Her attorney was able to effectively cross-examine the family member about the circumstances of the calls, while her custody of the children did not automatically harm her credibility. Meanwhile, although the trial court erroneously refused to admit text messages from the victim to defendant on hearsay grounds, the error was harmless because the messages have no value to defendant's case and were not exculpatory in any way. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 18, 2023, Case #: 2023-Ohio-2905, Categories: Drug Offender, Evidence, Manslaughter
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J. Osowik finds the lower court properly granted the home furnishings store's motion for summary judgment in a personal injury case. The injured shopper provided no evidence any of the shelving units she claimed fell and injured her were unlocked or otherwise improperly constructed at the time of the accident. In any case, even if the shelving units had been unlocked, the shopper presents no direct evidence an employee of the store was the one who improperly constructed them. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 11, 2023, Case #: 2023-Ohio-2798, Categories: Evidence, Negligence, Premises Liability
J. Osowik finds that although defendant's attorney was later charged in disciplinary proceedings and forced to resign from the practice of law, he provided competent representation during her case and was fully prepared for trial at the time he advised her to enter an Alford plea. Defendant answered all of the court's questions coherently and lucidly during her plea colloquy, and while she had a history of bipolar disorder, nothing indicated she was incompetent to stand trial or would be prejudiced by the plea agreement. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 11, 2023, Case #: 2023-Ohio-2796, Categories: Competence, Ineffective Assistance, Assault
J. Osowik finds that the trial court properly sentenced defendant to "seven to 10 and one-half years" in prison for robbery. There was sufficient evidence submitted to the jury to prove the robbery beyond a reasonable doubt, such as multiple jail phone calls in which the jury could hear defendant downplaying his conduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: July 14, 2023, Case #: L-22-1084, Categories: Robbery, Sentencing
J. Osowik finds the lower court properly denied the attorney's motion to vacate the arbitration award in favor of his former law firm in connenction with a dispute over the parties' partnership agreement. The parties' noncompete clause in the arbitration agreement did not violate Ohio public policy and was clearly violated when the attorney joined a firm in the same building as his previous employer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: June 2, 2023, Case #: 2023-Ohio-1907, Categories: Arbitration, Employment