9 results for 'judge:"Sulek"'.
J. Sulek finds that scrivener's errors in defendant's indictment on assault charges did not render the indictments defective or violate her constitutional rights. The entries still contained all necessary language and properly informed her of the charges that stemmed from her high-speed chase with police. Meanwhile, the fact defendant led officers on a chase for several miles and crashed at least three times before she was apprehended proved her intent to cause physical harm, regardless of the nature of the injuries sustained by any of the police officers. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: January 19, 2024, Case #: 2024-Ohio-186, Categories: Criminal Procedure, Evidence, Assault
J. Sulek finds the lower court properly terminated the father's parental rights and granted permanent custody of the children to family services. His severe drug addiction and psychological issues have shown no sign of improvement during the case and prevent him from ever providing a safe and stable environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: December 21, 2023, Case #: 2023-Ohio-4681, Categories: Evidence, Family Law
J. Sulek finds the trial court properly denied defendant's motion to sever his indictments into separate trials because the evidence involving each of his victims was simple and direct, while the crimes occurred on different dates and the jury was unlikely to be confused by any of the evidence. However, because the strangulation of one victim was the only injury that caused her death, the assault and murder charges in that indictment should have been merged for sentencing purposes; therefore, the case will be remanded for resentencing only. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 29, 2023, Case #: 2023-Ohio-3542, Categories: Murder, Sentencing, Sex Offender
J. Sulek finds defendant's confrontation rights were not violated when the victim's statements to police about being held at gunpoint were entered into evidence at his trial on kidnapping charges. The victim made them shortly after she called 911 outside of her apartment and immediately after defendant threatened to return and kill her, which rendered them admissible as part of an ongoing emergency. Furthermore, the trial court properly denied defendant's motion to join the three kidnapping charges, as they involved separate victims, including defendant's girlfriend and her two children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 22, 2023, Case #: 2023-Ohio-3403, Categories: Confrontation, Kidnapping
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J. Sulek holds the lower court properly found for a university on employees' claims regarding its mandatory Covid-19 vaccination and masking policies. The claims were mooted when the university ceased enforcement of the policies, especially since the employees sought no damages and instead, only injunctive relief. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 11, 2023, Case #: 2023-Ohio-3189, Categories: Constitution, Education, Covid-19
J. Sulek finds that the lower court properly granted the marine repair company's motion for sanctions against the boat owner. It was obvious after several depositions following the judgment in favor of the boat owner that the repair company was owned by a single individual and was not interrelated with several other corporations later added as defendants, which rendered the subsequent motions and filings frivolous conduct. There was no evidence of the self-dealing alleged by the boat owner, while testimony from the subsequent owner of the repair company indicated the company had minimal assets and nowhere near the amount of money required to satisfy the judgment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: August 25, 2023, Case #: 2023-Ohio-2982, Categories: Sanctions, Contract
J. Sulek finds that the trial court properly sentenced defendant to 38 months in prison after he pleaded no contest to improperly handling firearms in a motor vehicle and to not complying with a police officer. The trial court is not required to give emphasis to any one factor, such as the convict's claim that it should have the focused on the seriousness and recidivism factors, though the trial court's failure to discuss this does not necessarily mean that it did not consider that factor. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: July 14, 2023, Case #: L-22-1265, Categories: Firearms, Sentencing
[Consolidated.] J. Sulek finds that text messages between defendant and another individual involved in a human trafficking plot proved defendant knew he was transporting the first female victim from Georgia to Ohio to force her into prostitution, and when combined with searches on his phone for "pimping rules" and numerous profiles he created for the victim on various social media outlets, there was more than enough evidence for the jury to convict him of human trafficking. Meanwhile, all of defendant's sentences are within statutory limits for his crimes and none are grossly disproportionate to the nature of his offenses; therefore, his 90-year minimum sentence does not constitute cruel and unusual punishment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: June 30, 2023, Case #: 2023-Ohio-2248, Categories: Sentencing, Cruel And Unusual Punishment, Human Trafficking