15 results for 'judge:"Wilkin"'.
J. Wilkin finds the trial court properly granted the Department of Forestry's motion to quiet title. Its expert witness established property boundaries for the state park and the neighboring landowner, including former boundary agreements and markers on the disputed land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 7, 2024, Case #: 2024-Ohio-1842, Categories: Government, Property, Experts
J. Wilkin finds that the trial court properly admitted testimony about the juvenile court's findings of sexual abuse by defendant. The state's witness explained the difference between those findings and the underlying trial, while the court also emphasized in its jury instructions the jury alone would determine defendant's guilt. Meanwhile, the trial court erroneously imposed a prison sentence and community control sanction because Ohio law allows for only one of the punishments; therefore, the case will be remanded for the sole purpose of allowing the court to vacate its no-contact order. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 23, 2024, Case #: 2024-Ohio-1616, Categories: Jury, Sentencing, Sex Offender
J. Wilkin finds the trial court erroneously granted the employer's motion for summary judgment on the contract claim filed by the superintendent. Language in his contract requires he be paid accrued sick leave at the time of his retirement. However, there is limiting language in the contract that caps the payout at 30 days, and so the case will be remanded to allow the court to determine the proper amount of compensation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 8, 2024, Case #: 2024-Ohio-1434, Categories: Employment, Contract
J. Wilkin finds that inconsistencies in the testimony of the victim's uncle do not render defendant's conviction for unlawful sexual conduct with a minor improper. Not only was the jury in the best position to determine witness credibility, but text messages proved defendant was at home on the night of the assault when he asked the victim to return a drill borrowed by the uncle, who lived across the street. Meanwhile, testimony from a police officer that defendant did not wish to make a statement during the investigation did not prejudice the jury against him because his decision to remain silent was not mentioned in opening or closing arguments, while there was also overwhelming evidence to support his guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-794, Categories: Evidence, Jury, Sex Offender
J. Wilkin finds testimony from the co-defendant was sufficient to convict defendant of theft. It established all elements of the crime and proved that defendant's destruction of the remote control prevented the victim from retrieving his drone before he left the scene of the crime, while both the drone and remote were also later found burned in defendant's fire pit. Meanwhile, the trial court properly admitted a detective's testimony about the VIN number of the vehicle driven by defendant during the crime without providing any verification of the number because the evidence was cumulative and defendant's ownership of the vehicle was supported by other testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-805, Categories: Evidence, Theft, Assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Wilkin finds the estate's failure to file an affidavit of prejudice with the Ohio Supreme Court to seek recusal of the trial court judge - the only avenue for such relief - prevents this court from reviewing its claim of bias, which must be dismissed. Meanwhile, the lower court properly dismissed the estate's claims against family services and its employees because allegations of an insufficient investigation into the decedent's death are not supported by any tort law or cause of action in the State of Ohio. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 2, 2024, Case #: 2024-Ohio-437, Categories: Judiciary, Emotional Distress, Wrongful Death
J. Wilkin finds the lower court properly awarded permanent custody of the mother's five children to family services. Her failure to treat several psychological conditions, including bipolar disorder, and her refusal to refrain from engaging with several men that had physically abused several of the children prevented her from providing a safe and stable home environment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: January 24, 2024, Case #: 2024-Ohio-377, Categories: Evidence, Family Law
J. Wilkin finds the trial court properly awarded treble damages to the property owner for the logger's removal of trees. The logger admitted he saw bits of a barb wire fence and orange dots marking the property line when he surveyed the area, which supported the court's determination his actions were reckless, not negligent. However, the trial court erroneously allowed the owner to recover both treble and punitive damages for the same act, as Ohio law allows only one such award for the destruction of trees. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 26, 2023, Case #: 2023-Ohio-4821, Categories: Property, Damages, Conversion
[Consolidated.] J. Wilkin finds the trial court made all required findings prior to ordering defendant's 11-month sentence for violation of a protective order be served consecutively to the sentence he was already serving. Furthermore, the failure by defendant's appellate counsel to obtain a copy of his presentence investigative report did not violate his constitutional rights because Ohio law requires access to the report, but does not mandate the court provide a copy. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 11, 2023, Case #: 2023-Ohio-4582, Categories: Constitution, Sentencing, Restraining Order
J. Wilkin finds the trial court properly upheld the zoning board's denial of the property owner's request for a variance. The frontage requirement for residential properties did not devalue the property, while the variance would have substantially altered the surrounding area by reducing the amount of agricultural ground. Meanwhile, the owner's failure to raise his due process and constitutional claims before the zoning board requires dismissal of that portion of his appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: November 16, 2023, Case #: 2023-Ohio-4234, Categories: Constitution, Zoning, Due Process
J. Wilkin finds the lower court properly relied on a psychological evaluation to terminate the mother's parental rights. Such evidence is admissible and pertinent to a court's decision in custody cases and there was also other, credible evidence to support the removal of the children from their mother. Meanwhile, the various developmental concerns with the children, including one who wore diapers to school and was not potty-trained and another who could not walk or eat solid foods at 18 months, were sufficient for the court to conclude they could not be returned to the mother's custody in a reasonable time and supported its decision to grant permanent custody to family services. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: October 16, 2023, Case #: 2023-Ohio-4118, Categories: Evidence, Family Law
J. Wilkin finds the trial court properly dismissed the property owners' complaint for a prescriptive easement over a road located on adjacent land. Although the pieces of land were once a single property, the owners provided no evidence the road existed at that time or was established prior to the division of the land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: October 11, 2023, Case #: 2023-Ohio-3784, Categories: Evidence, Property, Real Estate
J. Wilkin finds the trial court properly overruled defendant's motion to exclude the testimony of the victim's mother about her behavior on the night of the rape, which was properly admitted under the excited utterance hearsay exception. Meanwhile, the victim's testimony defendant pulled her hair and grabbed her chest forcefully enough to cause bruising after she told him to stop, as well as defendant's admission in subsequent text messages that he forced her to have sex, was sufficient for the jury to convict him of rape. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: August 2, 2023, Case #: 2023-Ohio-2734, Categories: Evidence, Sex Offender
J. Wilkin finds that the lower court did not abuse its discretion when it granted the maternal cousins' motion for legal custody of the children because although the mother completed a portion of her case plan, she failed to obtain her own housing and continues to live with her parents at a home deemed unacceptable for children by family services. Additionally, the mother lied to the court and family services several times throughout the case and had contact with individuals involved in drug trafficking, all of which supported the court's decision to award the cousins custody but allow visitation by the mother. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: July 27, 2023, Case #: 2023-Ohio-2686, Categories: Evidence, Family Law
J. Wilkin finds the trial court properly denied defendant's motion to suppress the results of a warrantless search of his trailer during his firearm-related case. The totality of the circumstances allowed for the application of the community caretaking exception to the Fourth Amendment. The victim of defendant's domestic violence assault informed police defendant had a loaded AR-15 with him inside the trailer and had taken five lines of Xanax, and, when combined with his criminal history and declaration he "would not leave without a fight," it was necessary for the officers to find and secure the weapon without a warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: June 29, 2023, Case #: 2023-Ohio-2191, Categories: Firearms, Search