Case law

State v. Twyford

94 Ohio St. 3d 340 · Ohio Supreme Court · Mar 6, 2002

In any event, Carpenter and Buckmelter clearly indicated a partiality towards imposing death in all cases of murder, and both were excused for cause. … The testimony of the witnesses was blatant hearsay and clearly inadmissible. The prosecution never put the mother, Joyce, or either child on the witness stand.

State v. Pugh

43 Ohio St. (N.S.) 98 · Ohio Supreme Court · Jan 15, 1885

duties defined by the act, and not the board itself; that the designation of “ the trustees heretofore appointed ” exclude any hereafter appointed, and that no successors of any present trustee can be lawfully appointed or qualified … That this is not the exercise of the appointing power by the general assembly is how too firmly established to be called in question. State v. The Judges, 21 Ohio St. 1 ; Walker v. Cincinnati, 21 Ohio St. 14 ; State v.

Hope Academy Broadway Campus v. White Hat Mgt., L.L.C. (Slip Opinion)

145 Ohio St. 3d 29 · Ohio Supreme Court · Sep 15, 2015

. {¶ 69} Review of the contract clearly shows that the governing boards conferred on the White Hat companies “all functions” relating to management of the schools, leaving the governing boards no control over management. … First, fiduciary relationships are established by agreement. The agreement here identified White Hat as an independent contractor.

Edwards v. McClurg

39 Ohio St. (N.S.) 41 · Ohio Supreme Court · Jan 15, 1883

“It cannot properly be a fee simple, if it is either base, conditional or qualified.” 1 Wash. R. P. (4th ed.) 78, n. 1. … In the opinion of the majority two theories with respect to this provision are suggested, neither of which, if established, would prove this judgment to be erroneous.

Medill v. Collier

16 Ohio St. (N.S.) 599 · Ohio Supreme Court · Dec 15, 1866

That business, except as authorized to be done by banks duly qualified as banks of issue, has been left to the enterprise of private persons, coupled with their full responsibilities. … The well established principles of legal justice must be “ reconstructed,” before they will suffer such a defense to avail against the payment of a just debt.

Colored Industrial School v. Bates

90 Ohio St. (N.S.) 288 · Ohio Supreme Court · Jun 23, 1914

McCall was duly appointed and qualified as executor. On September 5,1909, six months after the death of his first wife, William A. McCall was married to Mary A. … McCall which are relied upon to establish an election upon his part are the following: (o) William A.

State v. Gross

97 Ohio St. 3d 121 · Ohio Supreme Court · Oct 30, 2002

Several of the photographs establish the location of a wound but fail to depict the wound as clearly as another photograph that presents a closer view of the wound—which in turn fails to establish the location of the wound … as clearly as the more distant photograph.

State v. Clinton

2017 Ohio 9423 · Ohio Supreme Court · Dec 19, 2017

The court also rejected claims of actual prejudice stating, "The Court has qualified 72 prospective jurors on the issue of pretrial publicity and capital punishment. … Forensic evidence also established that Clinton raped C.J.

State ex rel. Heilman v. Indus. Comm.

177 Ohio St. 3d 361 · Ohio Supreme Court · Nov 26, 2024

McGriff’s report is not reliable evidence to be considered, because he “clearly did not expressly accept the findings of [the] examining physicians on file.” But the commission found that both Dr. Borrillo’s and Dr. … As this court explained in Teece, the holding in Wallace does “not require the commission to accept the factual findings stated in a properly qualified medical report at face value and unquestioningly adopt them as those

State v. Fox

69 Ohio St. 3d 183 · Ohio Supreme Court · Feb 3, 1994

As discussed previously, Fox's personality disorder did not qualify as a "mental disease or defect" under R.C. 2929.04(B)(3). … Appellant lacked the usual defense mechanisms that the mentally healthy enjoy. {¶ 99} "In my view, the evidence clearly established that appellant suffered from a personality disorder that altered his perception of

State v. Radcliff (Slip Opinion)

142 Ohio St. 3d 78 · Ohio Supreme Court · Jan 28, 2015

“Like the procedure established in R.C. 2953.32, the court is required to weigh the applicant’s interests in having the records sealed against the legitimate needs, if any, of the government to maintain the records. … State (1980), 62 Ohio St.2d 35, 41 , 16 O.O.3d 22, 25-26 , 402 N.E.2d 550, 554-555 , the Ohio Supreme Court wrote that the purpose of the expungement statute ‘is to provide remedial relief to qualified offenders in order

Arnold v. City of Cleveland

67 Ohio St. 3d 35 · Ohio Supreme Court · Aug 11, 1993

Therefore, it is necessary to establish regulations to restrict the possession or sale of these weapons. … Clearly, the city would have exceeded its authority under Section 3, Article XVIII, and would have violated Section 4, Article I if it had banned all firearms.

State v. Echols

2024 Ohio 5088 · Ohio Supreme Court · Oct 25, 2024

To the contrary, the use of the qualifier “such as” makes clear that the examples given in the rule are illustrative, not exclusive. … Payne, 2007-Ohio-4642, ¶ 17. {¶ 51} Here, Echols has failed to establish plain error.

State v. Issa

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

Expert testimony established that the rifle had fired the fatal bullet extracted from Maher’s body, thus confirming it was the murder weapon. … Contrary to appellant’s assertion, we find that the record clearly establishes that Miles was unavailable as a witness before the trial court.

State v. Marble

72 Ohio St. (N.S.) 21 · Ohio Supreme Court · Feb 28, 1905

The comprehensive language of the statute and the purpose which it clearly indicates require the conclusion that osteopathy is within the practice now regulated.” … community may confidently rely, their possession being generally ascer-. tained upon an examination of parties by competent persons, or inferred from a certificate to them in the form of a diploma or license from an institution established

Sopkovich v. Ohio Edison Co.

81 Ohio St. 3d 628 · Ohio Supreme Court · May 13, 1998

For the reasons that follow, we answer the certified question with a qualified “yes.” {¶ 18} The court of appeals held that for purposes of determining whether a property owner owes a duty of care to the employees … If I’m in doubt I ask the [Ohio Edison] inspector.” {¶ 48} Such testimony clearly established that Ohio Edison had communicated to Morakis which areas were energized and which were de- energized.

State v. Dunlap

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

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. … In Idaho, he killed another woman, thus establishing the calculated "course of conduct."

Ohio Historical Soc. v. State Emp. Relations Bd.

1993 Ohio 182 · Ohio Supreme Court · Jun 22, 1993

The board establishes the terms of the director's employment. (4) The wages, terms, and conditions of employment of all employees are set by the board. (5) The Society is, in part, self-supporting. … This case clearly presents those proper circumstances.

State v. Robb

88 Ohio St. 3d 59 · Ohio Supreme Court · Mar 1, 2000

In this case, the state established that the entire Lucasville drama involved a major conspiracy by inmate gang members. As the state points out, testimony from the first two witnesses established the conspiracy. … Further, Taylor’s statement was not trustworthy, nor did it qualify as a statement against interest.

State v. Sage

31 Ohio St. 3d 173 · Ohio Supreme Court · Jul 8, 1987

Clearly, the Harrington test has been met in this case. There was sufficient evidence without Mrs. … The verdict of the jury is supported by sufficient evidence establishing guilt beyond a reasonable doubt.