objection sustained

• Objection Sustained ; After Three Years Serving His Country, Including a Tour As an Army Medic in Afghanistan, This Peaks Island Native Came to a Difficult Decision: He Sought, and Was Granted, Conscientious-Objector Status.

Perry O'Brien went to war. Then he said no.

• Portland Press Herald
• January 04, 2005

• State v. Pierce, (Ohio 2011)

In prosecution for Domestic Violence, trial court erred when it sustained objection to defendant’s attempt to ask complaining witness about prior inconsistent statement she made to domestic relations court. (1) Prior inconsistent statement contemplated for use in cross-examination of an adverse party’s witness is not subject to discovery under Crim.R. 16(B). (2) It is not clear from the record that the trial court sustained the objection as a sanction for violation of Crim.R. 16. (3) Cross-examining a witness concerning a prior inconsistent statement is not extrinsic evidence subject to the fact-that-is-of-consequence limitation set forth in Evid.R. 613(B)(2)(a). (4) Under Evid.R. 103(A)(2), defendant was not required to proffer the prior inconsistent statement. Reversed and Remand...

• Ohio Supreme Court

• 8th Circuit Bankruptcy Appellate Panel Rules Child Tax Credit Refund Is Part of Bankruptcy Estate

The tax refunds debtors received based on the federal child tax credit are property of the bankruptcy estate, the 8th Circuit Bankruptcy Appellate Panel has ruled. A Chapter 7 trustee objected to the debtors' claim of exemption with respect to the portion of their refunds attributable to the child tax credit. A bankruptcy judge sustained the trustee's objection.

• Lawyers USA
• February 13, 2006

• State ex rel. Alexander v. Indus. Comm., (Ohio 2011)

Relator sought a writ of mandamus after being denied permanent total disability compensation for allowed physical and psychological conditions. Relator's objection to the magistrate's decision recommending that writ be denied was sustained in part and overruled in part. Limited writ of mandamus granted, remanding matter to Industrial Commission to clarify whether it considered relator's psychological condition in determining that relator could perform certain unskilled, entry-level jobs.

• Ohio Supreme Court

• 5 CFR 332.406 - Objections to eligibles.

... pass over) the particular individual is sustained or granted. An objection, including a pass over re...

• Code of Federal Regulations - Title 5: Administrative Personnel

• State ex rel. Watley v. State of Ohio Bd. of Nursing, (Ohio 2007)

Objection sustained and case remanded to magistrate; a court should accept an inmate's belated affidavit, even without a motion to amend before dismissing the action for failure to comply with R.C. 2969.25(A).

• Ohio Supreme Court

• 'Fighting for Your Life' Gives African-Americans a Fighting Chance

A young man he names "Miles" was a student in a community college who got caught up in a rape case. He was invited to his cousin's house to meet two girls, who happened to be white. After they had a few drinks, Miles was having sex in the living room with one of the girls, while his cousin was having sex with the other. Miles was under the impression that his partner was eighteen, when really she was fourteen. The young lady collapsed due to her intoxication. After reviving her, he dropped her off at her parents' house. The parents called the police and got Miles arrested. Though he claimed he didn't know the girl's age, he still faced up to seven years in prison. His lawyer ([John V. Elmore, Esq]) got him a sentence of probation, a far cry from what he could have received. The book is ...

... to the legal terms used in court ("objection," "overruled," "sustained," etc.) so that one woul...

• New York Amsterdam News
• July 30, 2009

• State v. Underwood, (Ohio 2011)

Defendant’s conviction for Aggravated Robbery is not against the manifest weight of the evidence. Defendant is not entitled to the reversal of his conviction due to prosecutorial misconduct. Prosecutor’s reference, during closing argument, to defense counsel’s having attempted to mislead a witness was reflective of that witness’s own claim, during his testimony, that defense counsel was trying to mislead him, and, in any event, was not the subject of an objection. Prosecutor’s reference, during closing argument, to defendant’s girlfriend’s having attempted to pay off the complaining witness, is supported by reasonable inferences drawn from the girlfriend’s trial testimony. Again, this was not the subject of an objection. Finally, the trial court sustained an objection to the prosec...

• Ohio Supreme Court

• State v. Klapka, (Ohio 2004)

CRIMINAL LAW - motion to suppress; involuntary confession; totality of the circumstances; coercive police conduct; under the influence of drugs; promise of leniency; misleading statements. CRIMINAL LAW - jury instruction; abuse of discretion; entrapment; predisposition of the accused; active government informer; insufficient evidence; fairness. CRIMINAL LAW - sufficiency; R.C. 2923.03(A); R.C. 2921.36(A)(2); sufficient evidence of each element. CRIMINAL LAW - prosecutorial misconduct; wide latitude; personal opinions; objection sustained; curative instruction; objective summary; in context; reasonable inferences.

• Ohio Supreme Court

• State v. Pepin-McCaffrey, (Ohio 2010)

Court sustained state’s objection which incorrectly argued that defendant was required to file notice of self-defense or defense of property; Defense of dog is defense of property; Court prematurely judged validity of defense during state’s case; Sufficiency of the evidence is not waived by the failure to file an acquittal motion; Weight of the evidence is moot where we remand for new trial.

• Ohio Supreme Court