Case law

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  • Columbus Bar Assn. v. Peden

    134 Ohio St. 3d 579 · Ohio Supreme Court · Dec 7, 2012

    But King’s testimony reflects that she was clearly frustrated with the time it took for Peden to file her case and that this was a basis for filing her grievance. … Moreover, Van Sickle and Peden are similar in that both suffered from a diagnosed mental condition but did not submit evidence establishing that their condition qualified as a mitigating factor.

    Cited 2 timesPublished
  • Walker v. Toledo (Slip Opinion)

    143 Ohio St. 3d 420 · Ohio Supreme Court · Dec 18, 2014

    See, e.g., R.C. 2743.02(F) (court of claims has “exclusive, original jurisdiction to determine” personal-immunity issues of certain defendants; R.C. 3781.20(B) (a certified local board of building appeals has “exclusive jurisdiction … Clearly, the legislature understands how to make exceptions to a general rule, as it did in R.C. 1901.20(A)(1) with parking violations.

    Superseded by statute, as recognized in State ex rel. Magsig v. Toledo (Slip Opinion)Cited 25 timesPublished
  • Paramount Film Distributing Corp. v. Tracy

    175 Ohio St. (N.S.) 55 · Ohio Supreme Court · Jun 19, 1963

    Clearly, these statutes required the defendants to handle these funds in a specific manner and in that manner alone. Any other disposition would have been unlawful. … It must be pointed out that the defendants were neither required nor qualified to judge the validity of statutes. Indeed their duties here were purely ministerial.

    Cited 0 timesPublished
  • Hollister v. Reznor

    9 Ohio St. (N.S.) 1 · Ohio Supreme Court · Dec 15, 1858

    John Bates then was not rejected as being incompetent to testify; but the subject-matter he was called to establish, was adjudged in-com petent or irrelevant. … Reznor with him, prior to the transfer, in regard to the liability of the parties to the draft — the evidence was relevant to the issue, whether, in its purport, it qualified or affirmed such liability. Secondly.

    Cited 0 timesPublished
  • State ex rel. R.T.G., Inc. v. State

    98 Ohio St. 3d 1 · Ohio Supreme Court · Dec 18, 2002

    Clearly the purpose of R.C. 2335.39 is to protect citizens from unjustified state action. … Clearly the state has the authority to regulate mining pursuant to R.C. 1513.39. However, in this case, the regulation resulted in a taking of RTG’s property.

    Cited 50 timesPublished
  • State ex rel. Arce v. Industrial Commission

    105 Ohio St. 3d 90 · Ohio Supreme Court · Mar 2, 2005

    Armco [the employer] claims that the drafters of the grandfather clause intended ‘installations’ and ‘constructions’ to encompass everything for which the chapter establishes a safety requirement. … Lancaster (1986), 22 Ohio St.3d 191 , 22 OBR 275, 489 N.E.2d 288 , the machine in Ohio Mushroom would not qualify as either.

    Cited 4 timesPublished
  • State v. Spivey

    81 Ohio St. 3d 405 · Ohio Supreme Court · Apr 22, 1998

    The state’s motion to supplement the record is hereby granted. 31 SUPREME COURT OF OHIO received clearly establishes that the reports … Spivey, I find that he meets some criteria for a character disorder but does not qualify for a diagnosis in this category.

    Cited 7 timesPublished
  • In re Bonfield

    96 Ohio St. 3d 218 · Ohio Supreme Court · Aug 28, 2002

    A plain reading of R.C. 3111.01 indicates that there are three ways a “parent and child relationship” can be established: by natural parenthood, by adoption, or by other legal means in the Revised Code that confer or impose … arrangement. *224 {¶ 33} Although we have concluded that Shelly does not qualify as a parent pursuant to R.C. 3109.04, we, like the court of appeals, “do not intend to discredit [appellants’] goal of providing a stable environment

    Cited 5 timesPublished
  • Rosenberry v. Chumney

    171 Ohio St. (N.S.) 48 · Ohio Supreme Court · May 25, 1960

    ) as follows : *51 “The exposition by the court to a petit jury of those principles of the law which the latter are to apply in order to render such a verdict as will, in the state of facts proved at the trial to exist, establish … Such statute clearly requires an instruction by *52 the court. The mere fact that the parties have the right to instigate the matter has no bearing on the ultimate result. It is the court’s charge.

    Cited 0 timesPublished
  • In re Rev. of the Power-Purchase-Agreement Rider of Ohio Power Co. for 2018 and 2019

    2026 Ohio 1485 · Ohio Supreme Court · Apr 29, 2026

    The record here establishes that appellants had a full opportunity to cross-examine Dr. … case was whether tax-accrual workpapers prepared by an independent auditor for a corporate client should be excepted from disclosure to the Internal Revenue Service under a federal statute based on a form of work- product immunity

    Cited 1 timesPublished
  • State ex rel. Cooker Restaurant Corp. v. Montgomery Cty. Bd. of Elections

    80 Ohio St. 3d 302 · Ohio Supreme Court · Oct 24, 1997

    Sharon Village, 78 Ohio St.3d at 481-482, 678 N.E.2d at 934-935. {¶ 18} For the reasons that follow, the board did not abuse its discretion or clearly disregard applicable law by dismissing Cooker’s protest because … Based on the evidence presented by the parties, relators have not established their entitlement to the requested extraordinary relief.

    Cited 32 timesPublished
  • State v. Issa

    93 Ohio St. 3d 49 · Ohio Supreme Court · Aug 29, 2001

    Contrary to appellant’s assertion, we find that the record clearly establishes that Miles was unavailable as a witness before the trial court. … We find that the foregoing evidence was sufficient to establish, beyond a reasonable doubt, that appellant was guilty of the aggravated murder of Maher and that the murder was committed for hire.

    Cited 745 timesPublished
  • PIE Mut. Ins. Co. v. Ohio Ins. Guar. Assn.

    1993 Ohio 180 · Ohio Supreme Court · May 11, 1993

    The monies reserved in the OIGA fund are clearly not for the protection of insurance companies. … Moreover, it can be argued that OIGA is statutorily immune from lawsuits, such as those in the instant case, where a party claims damages due to OIGA's failure to properly perform its powers and duties as stated in R.C. 3955.08

    Cited 1 timesPublished
  • VVF Intervest, L.L.C. v. Harris

    2025 Ohio 5680 · Ohio Supreme Court · Dec 24, 2025

    The testimony established that after VVF manufactured the product, it would let HRB know that the product was ready for transport. … The situation here is clearly different from that in another case currently pending before this court, Jones Apparel Group/Nine West Holdings v. Harris, case No. 2023-1288.

    Cited 5 timesPublished
  • Corrigan v. Testa (Slip Opinion)

    149 Ohio St. 3d 18 · Ohio Supreme Court · May 4, 2016

    “Clearly, such a gain from oil-producing lands in Louisiana reflects the protection and opportunities that the state has afforded,” the court observed. … Indeed, the winning of the lottery game and the payments that ensued clearly constituted the enjoyment of Ohio-created benefits and protections that justified the imposition of the tax.

    Cited 9 timesPublished
  • City of Cleveland v. State

    128 Ohio St. 3d 135 · Ohio Supreme Court · Dec 29, 2010

    We conclude that R.C. 9.68 establishes police regulations rather than limiting municipal legislative power. 4. … Id. at 180. {¶ 34} Thus, the General Assembly is clearly within its legislative authority to authorize the award of attorney fees and costs in R.C. 9.68(B).

    Cited 24 timesPublished
  • State v. Wogenstahl

    75 Ohio St. 3d 344 · Ohio Supreme Court · Mar 6, 1996

    The Haldo Alpha test was incapable of establishing specific identification. … Moreover, we note that Miller’s testimony concerning the prior aggravated burglary conviction was clearly admissible because the prosecution bore the burden of establishing the prior aggravated felony specification in connection

    Cited 210 timesPublished
  • Disciplinary Counsel v. Squire

    130 Ohio St. 3d 368 · Ohio Supreme Court · Nov 3, 2011

    Smalls testified that he was not involved in authorizing payments on Lay’s behalf until he established the Mark D. … He contends that Squire bears the burden of establishing how the funds held in *376 his client trust account were spent.

    Cited 11 timesPublished
  • State v. Hill

    73 Ohio St. 3d 433 · Ohio Supreme Court · Aug 30, 1995

    Also, Hill did not establish that his cocaine addiction qualified as a mental disease or defect under R.C. 2929.04(B)(3). See State v. Cooey, 46 Ohio St.3d at 41, 544 N.E.2d at 919; State v. … Edwards established a bright-line rule that once an accused, in custody, asks for a lawyer, questioning must cease until his lawyer is present.

    Cited 35 timesPublished
  • Cleveland Bar Ass'n v. CompManagement, Inc.

    104 Ohio St. 3d 168 · Ohio Supreme Court · Dec 15, 2004

    Yet Goodman never held that appearances and practice before the Industrial Commission generally constitute the practice of law for which only attorneys are qualified. … Validity of the claim having been established, compensation is paid on the basis prescribed by the statutes, and the incident is closed. {¶ 68} “Since the inception of the Workmen’s Compensation Act it has been common practice

    Cited 51 timesPublished

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