38 results for 'judge:"Wise"'.
J. Wise finds the lack of physical evidence against defendant did not prevent the jury from finding him guilty of rape. The victim's uncontroverted testimony established all elements of the offense and was not contradicted by any of the testimony provided by her mother or defendant's daughter. Meanwhile, the mention of defendant's previous prison time by his daughter did not deprive him of a fair trial because the testimony was elicited by his own attorney during cross-examination and, in any case, was stricken from the record by the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: May 2, 2024, Case #: 2024-Ohio-1717, Categories: Evidence, Fair Trial, Sex Offender
J. Wise finds that a new trial is necessary for a widow's claims stemming from the depiction of her dead husband in the TV show "Ghostly Encounters." The widow provided enough evidence for a jury to find that the show improperly alleged that the husband had sexually abused boys without attempting to verify that information or to include any disclaimers that the show was only for entertainment and should not be taken at face value. However, there was not enough evidence to support the widow's defamation claim. Because it cannot be assumed "that the verdict was based only on [the widow's] claims that were properly submitted to the jury," the entire verdict must be reversed. A new trial is ordered for the widow's invasion of privacy and tort of outrage claims. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: March 8, 2024, Case #: SC-2023-0132, Categories: Tort, Defamation, Privacy
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J. Wise finds the lower court properly named the mother sole residential parent and denied the father's motion for shared parenting. The evidence in the record clearly indicated it was in the child's best interests to remain in the care of their mother, while the vitriolic behavior displayed by both parents and their inability to cooperate prevented adoption of a shared parenting plan. Meanwhile, the child support amount awarded by the trial court was supported by credible evidence, including the father's gross income of more than $1 million, and the education and extracurricular activities of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: March 7, 2024, Case #: 2024-Ohio-812, Categories: Evidence, Family Law
J. Wise finds that the trial court properly ruled in favor of the purchasers of a food truck that was never delivered. There was sufficient evidence that the food truck business and its manager violated the Deceptive Trade Practices Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: March 7, 2024, Case #: 14-21-00292-CV, Categories: Fraud, Contract
J. Wise finds that the trial court properly sided with the insurance companies in a dispute with a college over the lack of coverage for its losses allegedly resulting from Covid-19. The losses fall under the scope of the policy's exclusion, which identifies "virus" as a "pollutant or contaminant" that is not covered. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00145-CV, Categories: Insurance, Property, Contract
J. Wise finds that the trial court properly awarded damages to the property owner on his trespass claim against a neighbor over his encroaching fence and debris. There is sufficient evidence that the neighbor committed trespass by refusing to allow the owner to move the fence and debris. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00603-CV, Categories: Evidence, Property, Damages
J. Wise finds that the trial court improperly rendered judgment in favor of the appellee limited liability company after the appellant assignee did not appear at trial. The case should have been reinstated since the failure of the assignee's counsel to appear was due to illness. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-23-00429-CV, Categories: Civil Procedure
J. Wise finds the filing court properly sua sponte transferred the HVAC company's complaint to another county. Although the contract was signed in the filing court's county, the home on which the work was performed was located in the county of the eventual trial court, which rendered it the proper venue. Meanwhile, the trial court properly denied the HVAC company's request for damages related to excess charges not paid by the homeowners because the work involved with those charges was never included in the original scope of work and was added without the homeowners' consent. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: January 12, 2024, Case #: 2024-Ohio-109, Categories: Construction, Venue, Contract
J. Wise finds that the trial court properly denied the dismissal motion under the Texas Citizens Participation Act (TCPA) for a suit involving allegations that a lender was tricked into providing various parties millions of dollars for "bogus transactions" to purchase personal protective equipment during the Covid-19 pandemic. The TCPA does not apply since the claims do not involve the right of association and "concern only private transactions between private parties." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: January 9, 2024, Case #: 14-22-00244-CV, Categories: Anti-slapp, Fraud, Contract
J. Wise finds that the lower court properly ruled that a judicial opinion can not be given on the legality of legislative rules from when the State legislature passed a 4% lodging tax with a woman alleging the law was passed in a manner that violated the state's constitution. There was no error in the finding that the case involved a "nonjusticiable political question." Affirmed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: December 22, 2023, Case #: SC-2023-0421, Categories: Constitution, Real Estate, Tax
J. Wise finds that the trial court properly ruled in favor of the subsequent property owner in a dispute over an agreement that allowed a company to market and sell internet and other services to apartment residents. The company failed to give evidence that the subsequent owner assumed the obligations of the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: December 5, 2023, Case #: 14-22-00774-CV, Categories: Property, Contract
J. Wise finds the trial court properly denied defendant's motion to admit evidence from a 20-year-old criminal case against him. Although the current case also dealt with drug trafficking, there were no other similarities that would have rendered the evidence relevant to his defense. Meanwhile, the amount of drugs found in defendant's home, as well as packaging materials and cash, were sufficient to convict him of both possession and intent to traffic. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 26, 2023, Case #: 2023-Ohio-3906, Categories: Drug Offender, Evidence
J. Wise finds that the trial court improperly terminated the father's parental rights to his child. The evidence was insufficient to support the finding of endangering conduct by the father. Also, the issue of conservatorship is remanded for due process violations since the father was not given notice of the hearings or provided with an ad litem attorney. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: October 19, 2023, Case #: 14-23-00287-CV, Categories: Evidence, Family Law, Due Process
J. Wise finds defendant's indictment on several charges of gross sexual imposition and pandering obscenity involving a minor included all language necessary to put him on notice of the charges and allowed him to prepare a sufficient defense, given that it included the specific event and timeframe of his criminal activity. Meanwhile, the video and photographic evidence obtained from both defendant's cell phone and the cameras in the victim's home is sufficient to convict him of the child pornography charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 11, 2023, Case #: 2023-Ohio-3704, Categories: Evidence, Child Victims, Child Pornography
J. Wise finds that the lower court improperly ruled when denying the motion to add all siblings, who are all heirs, to an estate suit that was initially between three siblings. The remaining heirs have interests in the subject property and are "necessary parties" based on the relevant statute. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: September 15, 2023, Case #: SC20230264, Categories: Real Estate, Trusts, Wills / Probate
J. Wise finds the lower court properly terminated the father's parental rights and granted permanent custody of the child to family services. The father failed to obtain stable housing or address many of the issues that led to the initial removal of the child, who has thrived with his foster family since being placed with them. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: August 30, 2023, Case #: 2023-Ohio-3072, Categories: Evidence, Family Law
J. Wise finds that the trial court erred in its award of damages to the distributor on its breach of contract claim relating to a debt owed by a company for goods provided. The evidence did not support the part of the award for freight charges allegedly owed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-20-00622-CV, Categories: Fraud, Damages, Contract
J. Wise finds that the trial court should not have granted summary judgment on the Prompt Payment Act (PPA) claim relating to a construction dispute. The evidence did not "conclusively establish when the payment was received by appellant for purposes of calculating interest under the PPA." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00101-CV, Categories: Construction, Contract
J. Wise finds that the trial court properly entered a protective order against the individual for stalking and harassing a woman and her son. There was sufficient evidence to show that the individual committed the offenses, and this included sending lewd photos of the woman and the statement that she "should murder her infant son because he is ugly." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00560-CV, Categories: Family Law, Restraining Order
J. Wise finds the trial court properly denied the father's motion to place the child with a third party and granted family services' motion for permanent custody. The third party was no longer a certified foster parent, while the child had been with the foster family since his birth and it was in his best interest to remain in their custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: August 23, 2023, Case #: 2023-Ohio-2948, Categories: Evidence, Family Law
J. Wise finds the trial court properly denied defendant's motion to suppress because the driver's failure to signal prior to turning into a parking lot gave the arresting officer a legitimate reason to initiate a traffic stop, while the K-9 unit's alerting to drugs in the car allowed the officer to conduct a warrantless search of the vehicle. Meanwhile, even though defendant's fingerprints were not found on the bag that contained the drugs, the bag was located on the floor of the passenger seat in which he was located before he exited the vehicle, which was sufficient for the jury to convict him on drug possession charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: August 10, 2023, Case #: 2023-Ohio-2783, Categories: Drug Offender, Evidence, Search