noting that “[a]bove all, a reviewing court should be guided by a presumption that the findings of a trial court are correct, since the trial judge ‘is best able to view the witnesses and observe their demeanor, gestures and voice inflections, and use these observations in weighing the credibility of the proffered testimony’ ”
How later courts described this case
- noting that “[a]bove all, a reviewing court should be guided by a presumption that the findings of a trial court are correct, since the trial judge ‘is best able to view the witnesses and observe their demeanor, gestures and voice inflections, and use these observations in weighing the credibility of the proffered testimony’ ”
- rejecting the suggestion that it adopt “what is essentially a six-factor test for juvenile courts to weigh as factors that are ‘indicative of a minor’s maturity or competence to give informed consent’ ”
- when applying the abuse of discretion standard, an appellate may not substitute its judgment for that of the trial court
- affirming a judgment dismissing an application for judicial bypass
Written by the judges who cited it.
The opinion
Wright, J.,
concurring. Appellant’s proposed criteria (b) through (f) for evaluating a complaint brought under R.C. 2151.85 seem to be appropriate. My review of the record using these criteria and other common-sense factors does not disclose an abuse of discretion by the trial court. Accordingly, I concur with the syllabus law and result announced today.