Case law

In re Creighton

117 Ohio St. 3d 253 · Ohio Supreme Court · Mar 5, 2008

Evidence also established that the applicant had made various ambiguous and misleading statements in both his application for law school and his application to register for bar admission. … In reapplying, the applicant must submit a favorable psychological assessment prepared by a qualified medical professional. Judgment accordingly.

State v. Archibald

52 Ohio St. (N.S.) 1 · Ohio Supreme Court · Oct 16, 1894

From that case it clearly appears that this court, as then constituted, did not reg’ard the jurisdiction of probate courts exclusive as to the appointment of guardians. … By this act the general assembly established a new court and provided for the election of a judge thereof; and it clearly had the power to fix the time and manner of such election.

In re Unauthorized Practice of Law

175 Ohio St. (N.S.) 149 · Ohio Supreme Court · Jul 10, 1963

The findings of the trial court and the record fully sustain the conclusions that each respondent in the instant case held himself out as being qualified to render advice to those who might have claims for compensation arising … In our opinion, this conduct would clearly constitute the practice of law even if it only involved advice or services prior to the original decision of the Administrator of the Bureau of Workmen’s Compensation.

State v. Jells

53 Ohio St. 3d 22 · Ohio Supreme Court · Aug 8, 1990

Both the voir dire and the substantive testimony of Devon show that he was qualified to testify; therefore, the trial court did not abuse its discretion in allowing him to do so. See, e.g., State v. … A comparison of the elements of kidnapping and aggravated murder clearly shows that they are not similar.

State v. Powell

132 Ohio St. 3d 233 · Ohio Supreme Court · Jun 13, 2012

Rajendram’s experience and training qualify her to testify as an expert witness. … Such comments are clearly improper. See Griffin v.

Goins v. State

90 Ohio St. (N.S.) 176 · Ohio Supreme Court · Apr 21, 1914

This doctrine, as was stated by the judge delivering the opinion, had no application in that case, and, aS'We .view it, was clearly obiter. … State, 18 Ohio, 308, the offense is not changed by the statute which adds the word “forcibly” as a qualifying term. And in Timmons v.

State ex rel. Attorney-General v. City of Cincinnati

20 Ohio St. (N.S.) 18 · Ohio Supreme Court · Dec 15, 1870

This is the policy and intent of the provisions of the constitution above quoted; and they are as clearly apparent as if they had been expressed in so many words. … A majority of the court are of opinion that the act is clearly in contravention of the restrictive provisions of the constitution, and therefore of no binding force and validity.

Hewitt v. L.E. Myers Co.

134 Ohio St. 3d 199 · Ohio Supreme Court · Nov 20, 2012

Workers’ compensation—Immunity of complying employer—Intentional tort by employer—R.C. 2745.01—“Equipment safety guard” construed. … Thus, the appellate court concluded, this established a rebuttable presumption under R.C. 2745.01(C) of an intent to injure Hewitt, and L.E.

Conger v. Barker's administrator

11 Ohio St. (N.S.) 1 · Ohio Supreme Court · Dec 15, 1860

Those words having been used in the former clause are clearly to be understood in the latter; and their repetition would he only superfluous. … We are clearly of the opinion that the statute of 1840, in no wise changed the former rule, as to the time when the widow’s right to her share of the personal property accrued.

State v. Gardner

54 Ohio St. (N.S.) 24 · Ohio Supreme Court · Jan 21, 1896

actually performed by virtue of an office, created under the provisions of a statute, regularly enacted by that branch of the government to which the-power to make law has been delegated by the constitution; there is a clearly … established legal presumption of its validity.

Rheinheimer v. Aetna Life Insurance

77 Ohio St. (N.S.) 360 · Ohio Supreme Court · Dec 17, 1907

The courts have found it difficult to establish a satisfactor}'- line between what statements are considered part of the res gestae and what are not. … The qualifying words, above noted, were contained, in whole or in part, in several of the rejected instructions, and the same comment applies to them.

State v. Flynt

63 Ohio St. 2d 132 · Ohio Supreme Court · Jul 16, 1980

A prosecutor should not be allowed to merely raise the claim that a particular prosecution is a test case, where the evidence clearly demonstrates that to the contrary a discriminatory intent is present. ( As to the second … This was admitted during the course of a television interview and at *139 the hearing, although Taylor subsequently attempted to retract and qualify these statements.

Voinovich v. Board of Park Commrs.

42 Ohio St. 2d 511 · Ohio Supreme Court · Jun 25, 1975

However, Section 2 did more than simply establish a temporary procedure. … The foregoing statutes clearly preclude exemption while such portion of the taxes and penalties remains unpaid. The decision of the board rests exclusively upon the temporary provisions of Section 2.

State ex rel. King v. Industrial Commission

99 Ohio St. 3d 85 · Ohio Supreme Court · May 16, 2003

B The Structure of R.C. 4123.59(B) Forecloses Appellant’s Claim {¶ 11} R.C. 4123.59(B) establishes that weekly death benefits shall be 66 2/3 percent of the AWW subject to a statutory minimum and maximum. … The phrase from the second proviso “eligible for the maximum compensation provided for in this section” reflected the potential for eligible claimants to qualify for the increased benefit allowed by the amendment.

Bitounis v. Interactive Brokers, L.L.C.

2026 Ohio 2268 · Ohio Supreme Court · Jun 18, 2026

. {¶ 4} Antonas was not registered as an investment adviser with the SEC and did not qualify for an exemption from registration. … Once the account was established, IB performed standard brokerage functions.

Herbst v. Resolution Trust Corp.

66 Ohio St. 3d 8 · Ohio Supreme Court · Feb 24, 1993

Clearly, if Congress had intended federal jurisdiction to be exclusive, it would not have used language giving the RTC discretion to remove state actions, and any state action involving the RTC would necessarily have to be … Rather, the claimant must file suit or continue a previously filed suit to establish a disallowed claim.”).

State v. Williams

99 Ohio St. 3d 439 · Ohio Supreme Court · Aug 27, 2003

Thus, the facts do not clearly establish an unequivocal request to see counsel when police arrested Williams. {¶ 34} During the police interview at the station, Williams did' not ask to consult either Penamon or any other … Scala-Barnett, the deputy coroner, to testify about blood spatters because she was not qualified as an expert on that subject.

Sorrell v. Thevenir

69 Ohio St. 3d 415 · Ohio Supreme Court · Jun 1, 1994

R.C. 2317.45 and 2305.27 establish two classifications of tort victims: medical malpractice tort victims and all other tort victims. … in response to a crisis that has not clearly been established to have existed.

State v. Spirko

59 Ohio St. 3d 1 · Ohio Supreme Court · Apr 10, 1991

Clearly, defendant has not followed App. … Although the defendant was offered an agreement in this case, no part of the agreement discussed immunity as to these charges.

State v. Green

66 Ohio St. 3d 141 · Ohio Supreme Court · Apr 21, 1993

In this case, Green clearly had the right to impeach Coulter by cross-examining her about prior statements. … The evidence clearly established she was chemically dependent on marijuana, cocaine, and alcohol *153 and had been so dependent for years. With an IQ of 66, she functioned only very marginally. Dr.