Case law

State ex rel. Summit County Republican Party Executive Committee v. Brunner

118 Ohio St. 3d 515 · Ohio Supreme Court · Jun 16, 2008

It would, in effect, change the county political executive committee’s statutory right to “make and file a recommendation with the secretary of state for the appointment of a qualified elector” into a right to make an appointment … It means discretion exercised to an end or purpose not justified by, and clearly against, reason and evidence.”

State v. George

45 Ohio St. 3d 325 · Ohio Supreme Court · Sep 27, 1989

We did not merely refine or qualify the ‘two-pronged test.’ … The Illinois court ruled that the “two-pronged” test established by Aguilar v. Texas, supra, and Spinelli v.

State ex rel. M/I Homes of Cincinnati, L.L.C. v. Clermont Cty. Bd. of Elections

2025 Ohio 4362 · Ohio Supreme Court · Sep 17, 2025

In answering this question, we ask whether the “board acted fraudulently or corruptly, abused its discretion, or clearly disregarded applicable law.” State ex rel. Brown v. Butler Cty. … This sentence at least uses the word “portion,” but even that qualifier is imprecise because the trustees did not specify which parcels the qualifier pertained to.

State Ex Rel. Jacobs v. Industrial Commission

139 Ohio St. 3d 86 · Ohio Supreme Court · Apr 15, 2014

Comm., 99 Ohio St.3d 282, 2003-Ohio-3626, 791 N.E.2d 440, ¶ 7. {¶ 26} But that clearly is not the case here. … Clearly, the termination is directly related to her inability to perform her job due to her injury.

State ex rel. Cleveland Telephone Co. v. Court of Common Pleas

98 Ohio St. (N.S.) 164 · Ohio Supreme Court · Apr 30, 1918

Clearly if the commission rate is a valid and constitutional one, there is nothing for the court of common pleas to hear. … Here we have an immunity, an exemption of municipalities from the operation and effect of the statutes of Ohio under the head of “additional” laws, showing clearly and conclusively that such laws could not be forced upon

State ex rel. Vermilion Campaign Commt. for Jean A. Anderson v. Lorain Cty. Bd. of Elections

2025 Ohio 3250 · Ohio Supreme Court · Sep 10, 2025

ANALYSIS {¶ 14} To obtain their requested writ of mandamus, relators must establish by clear and convincing evidence (1) a clear legal right to have Deck’s name placed on the ballot as a mayoral candidate, (2) a clear … Therefore, the relevant inquiry is whether the board abused its discretion or clearly disregarded applicable law by not allowing Deck to replace Anderson on the ballot as a candidate for Vermilion mayor. A.

McAuliffe v. W. States Import Co., Inc.

72 Ohio St. 3d 534 · Ohio Supreme Court · Jul 26, 1995

"(B) If a claimant is unable because a product in question was destroyed to establish by direct evidence that the product in question was defective or if a claimant otherwise is unable to establish by direct evidence that … For instance, the elevation of the standard of proof (from preponderance of the evidence to clear and convincing standard) is clearly a 6.

State v. Cooper

52 Ohio St. 2d 163 · Ohio Supreme Court · Dec 14, 1977

contends in part that the trial court committed reversible error in denying his motion to strike the testimonies of Doctor Maxwell Burnham and Doctor Charles Hirsch, on the basis that neither doctor was shown to be duly qualified … The court finds overwhelming evidence to establish death by a criminal agency. Expert testimony clearly indicates that Rebecca died as a result of strangulation.

State ex rel. Bates v. Court of Appeals for the Sixth Appellate Dist.

130 Ohio St. 3d 326 · Ohio Supreme Court · Oct 27, 2011

Ketterer, 111 Ohio St.3d 70, 2006-Ohio-5283, 855 N.E.2d 48, “clearly contemplates that a constitutional challenge to Crim.R. 11(C)(3) and the corresponding statute must proceed via interlocutory appeal of a final order” and … Under this provision, “for an order to qualify as a final appealable order, the following conditions must be met: (a) the order must grant or deny a provisional remedy, as defined in R.C. 2505.02(A)(3), (b) the order

Washington Local School Dist. v. Scioto Cty. Budget Comm.

73 Ohio St. 3d 700 · Ohio Supreme Court · Sep 13, 1995

Nevertheless, the parties have stipulated that Washington Local has an established need for the tax revenue that 4.5 mills would generate. {¶ 3} Washington Local, contending that it had a right, as successor to the … The statute to which reference has been made clearly authorizes the appointment of a board of education for the newly-created district.

Disciplinary Counsel v. Port

177 Ohio St. 3d 418 · Ohio Supreme Court · Nov 27, 2024

13.6 hours on the trust (for a total of $4,420). {¶ 12} The board found that Port’s conduct violated Prof.Cond.R. 1.5(a) (prohibiting a lawyer from making an agreement for, charging, or collecting an illegal or clearly … Count 4—The Imhoff Matter {¶ 13} In 2021, Esther Imhoff and her granddaughter, Katelyn Neil, hired Port and paid him $9,400 to create a Medicaid Asset Protection Trust and/or a Qualified

Daloia v. Franciscan Health Sys. of Cent. Ohio, Inc.

79 Ohio St. 3d 98 · Ohio Supreme Court · Jun 25, 1997

The document also established guidelines for the use and handling of the money.3 Appellant was 1. … Specifically, the court of appeals held that “the trust agreements clearly provided that appellant’s trustee powers ended upon distribution of the gifts to St. Anthony.

In re Election Contest of December 14, 1999 Special Election

91 Ohio St. 3d 302 · Ohio Supreme Court · Apr 11, 2001

under extreme circumstances that clearly affect the integrity of the election.”’ … Dellas did not establish that the result of the special election was contrary to the will of the electorate.

State ex rel. Ohio Liberty Council v. Brunner

125 Ohio St. 3d 315 · Ohio Supreme Court · Apr 29, 2010

Because relators have established their entitlement to the requested extraordinary relief, we grant the writ. … Conclusion {¶ 66} Relators have established their entitlement to the requested extraordinary relief in mandamus.

State v. Arnold (Slip Opinion)

147 Ohio St. 3d 138 · Ohio Supreme Court · Apr 20, 2016

That reliance by both justices is, at best, misplaced. {¶ 37} The rule of Dinsio is expressly limited to cases in which “the privilege of immunity from self-incrimination is properly established.” (Emphasis added.) … Barnes (2002), 94 Ohio St.3d 21, 27 , 759 N.E.2d 1240 , and ‘but for the error, the outcome of the trial clearly would have been otherwise.’ State v.

Taylor v. Flower Deaconess Home & Hospital

104 Ohio St. (N.S.) 61 · Ohio Supreme Court · Jan 24, 1922

permitted to employ those who are incompetent and unskilled, funds bestowed for beneficence are diverted from their true purpose, and, under the form of a charity, they become a menace to those for whose benefit they are established … In 13 Euling Case Law, 948, Section 11, it is said as to this: “It is to be observed that in most of the cases applying the doctrine of immunity by waiver, the rale is qualified, so that even in the ease of patients liability

Mason Tire & Rubber Co. v. Lansinger

108 Ohio St. (N.S.) 377 · Ohio Supreme Court · Jun 26, 1923

Clearly under the record it was known to the defendant company; clearly, likewise, it was unknown to the plaintiff, unless there was a warning or notice given him of the presence of such explosive. … This is especially true when the word “warning” is qualified by the word “reasonable.”

State v. Walls

96 Ohio St. 3d 437 · Ohio Supreme Court · Oct 9, 2002

referring to a vested-rights analysis of retroactivity as “irrelevant” to an ex post facto inquiry); see, also, Collins, 497 U.S. at 46, 110 S.Ct. 2715, 111 L.Ed.2d 30 (“simply labeling a law ‘procedural’ * * * does not thereby immunize … There is probable cause to believe that the child committed the act alleged; {¶35} “(3) After an investigation, including a mental and physical examination of the child made by a public or private agency, or a person qualified

State v. Dunlap

73 Ohio St. 3d 308 · Ohio Supreme Court · Aug 23, 1995

We find the evidence established that Dunlap purposefully killed Crane and thus his guilt of the “course of conduct” specification. … In any event, we find no plain error that is so grievous that “but for the error, the outcome of the trial clearly would have been otherwise.” State v.

City of Elyria v. Vandemark

100 Ohio St. (N.S.) 365 · Ohio Supreme Court · Dec 9, 1919

The discussion and decision of the legal questions involved in this- case must be based upon the. following facts established by the record: The mayor of the city of Elyria on January 11, 1916, appointed R. F. … Vandemark duly qualified as provided by law and entered upon the discharge of his duties. The salary of such officer .was fixed by ordinance of the city at $720 per annum, payable semimonthly from the city treasury.