12 results for 'judge:"Waldick"'.
J. Waldick finds the trial court properly admitted the victims' 911 calls into evidence at defendant's trial on attempted murder and assault charges. The calls were made while defendant attempted to break into the victims' home and immediately after he had assaulted his girlfriend, one of the victims; therefore, the calls were admissible under the present sense impression hearsay exception. Meanwhile, the trial court properly allowed the prosecution to provide details about defendant's prior conviction for attempted murder because the facts of the previous case were similar and established relevance, while the state did not include any prejudicial or inflammatory details likely to influence the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: April 22, 2024, Case #: 2024-Ohio-1534, Categories: Evidence, Jury, Assault
J. Waldick finds the lower court properly granted permanent custody of the child to family services. The parents were clearly unable to provide proper care for their son, who was diagnosed with a serious lung disease at birth because of the mother's drug use, as evidenced by the child's oxygen monitor alarming several times during supervised visits. Additionally, each parent failed to complete significant portions of their case plans, the father had never been alone with the child and continued to struggle with anger and abusive language, and the child thrived with his foster family, which renders the court's decision in his best interests. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: February 12, 2024, Case #: 2024-Ohio-517, Categories: Evidence, Family Law
[Consolidated.] J. Waldick finds the trial court's participation in plea negotiations did not render defendant's pleas involuntary. Ohio law allows for some judiciary participation at the state court level. Furthermore, there is no evidence of coercion on the part of the court, which made sure defendant was satisfied with both negotiations and the final plea deals before they were accepted. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: February 5, 2024, Case #: 2024-Ohio-392, Categories: Judiciary, Plea
J. Waldick finds defendant's statement to police he would not be handcuffed and his decision to kick one of the police officers in the head even though he told them he would no longer kick after the three fell to the ground was sufficient to prove he acted knowingly and to convict him of the assault and obstruction charges. However, because the verdict form did not mention the aggravating element of the assault offenses - that the victims were peace officers - or cite the degree of the felonies at issue, it did not comply with statutory requirements and defendant's convictions must be vacated and reduced to the lowest form of the offenses. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: January 29, 2024, Case #: 2024-Ohio-296, Categories: Evidence, Assault, Obstruction
[Consolidated.] J. Waldick finds the lower court properly terminated the parental rights of both parents. The parents' disabilities prevented them from providing adequate care to the children, who thrived in foster care, and received proper treatment for medical and psychological conditions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 26, 2023, Case #: 2023-Ohio-4707, Categories: Evidence, Family Law
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J. Waldick finds the trial court properly denied defendant's motion to suppress in his robbery and obstruction trial. Police had reasonable suspicion to detain him when they arrived at his apartment following a 911 call and, therefore, the subsequent arrest after defendant resisted was supported by probable cause. Defendant became combative when police asked him to step outside and confirm he did not have a knife, and the officers were entitled to attempt to handcuff him temporarily even though they had witnessed no criminal activity, which rendered the eventual arrest lawful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 18, 2023, Case #: 2023-Ohio-4609, Categories: Evidence, Robbery, Obstruction
J. Waldick finds defendant's confrontation rights were not violated when a witness at a codefendant's juvenile probable cause hearing testified about statements made by the codefendants. The hearing was not a trial that implicated defendant's constitutional rights. Meanwhile, despite the lack of DNA evidence to place defendant at the scene of the home invasion, his convictions were supported by sufficient evidence, including the testimony of his codefendants and a bruise on his back that matched the location of an injury inflicted by one of the victims. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 11, 2023, Case #: 2023-Ohio-4474, Categories: Confrontation, Evidence, Juvenile Law
J. Waldick finds the juvenile court properly granted the state's motion to transfer defendant's case to adult court. His history of juvenile criminal adjudications, none of which included successful rehabilitation efforts, and his significant involvement in the burglary and assaults at issue in the present case supported such a transfer. Meanwhile, the trial court properly granted the state's motion to revoke a plea agreement because defendant's refusal to communicate with the attorneys who negotiated the agreement constituted a repudiation of the plea, especially considering the attorneys withdrew their representation. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 11, 2023, Case #: 2023-Ohio-4473, Categories: Burglary, Juvenile Law, Plea
[Consolidated.] J. Waldick finds the lower court properly granted permanent custody of the children to family services. The father failed to comply with or complete many of the objectives of his case plan, while the mother's significant mental health issues and the couple's refusal to remedy domestic violence concerns prevented them from providing a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: November 13, 2023, Case #: 2023-Ohio-4088, Categories: Evidence, Family Law
J. Waldick finds defendant's admission drugs in his home, including fentanyl and marijuana, belonged to him, along with expert testimony regarding the weight of the drugs, was sufficient for the jury to convict him of possession. Meanwhile, testimony from defendant's parole officer was properly admitted because his admission he knew defendant as his parole supervisor was not prejudicial and was used only to establish the reason for his presence at defendant's home on the day the drugs were discovered. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: August 28, 2023, Case #: 2023-Ohio-3039, Categories: Drug Offender, Evidence
[Consolidated.] J. Waldick finds the lower court properly granted the family members' motion for relief from a judgment granted to the petitioner who sought to have several bodies disinterred and moved to a new cemetery. Although the motion was filed more than two years after the initial judgment, the nature of the decision negated any timeliness concerns. Furthermore, the lower court properly determined the petitioner failed to show good cause for disinterment and denied his secondary petitions after numerous family members objected to the possibility of moving the bodies, while he also lied about the existence of any relatives in his initial request. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: July 10, 2023, Case #: 2023-Ohio-2358, Categories: Civil Procedure, Evidence, Family Law
J. Waldick finds the state's evidence of defendant's excessive speed at the time of her crash, proof the wreck occurred in the motorcycle's lane of travel, and the catastrophic nature of the victim's injuries was sufficient to convict defendant of aggravated vehicular homicide. Meanwhile, the trial court properly denied defendant's request for a jury instruction on the lesser-included offense of vehicular homicide because her decision to travel into the victim's lane, regardless of speed, constituted recklessness. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: June 29, 2023, Case #: 2023-Ohio-2200, Categories: Evidence, Vehicular Homicide