Case law

State v. Tibbetts

92 Ohio St. 3d 146 · Ohio Supreme Court · Jul 5, 2001

First, circumstantial evidence established Tibbetts’s identity as the killer. … Glen Weaver, examined Tibbetts on three separate occasions prior to trial and believed that Tibbetts would not have qualified for the insanity plea.

State v. Cook

128 Ohio St. 3d 120 · Ohio Supreme Court · Dec 28, 2010

I dissent. {¶ 55} Today’s holding directly contradicts established precedent. … The analysis should begin with the general rule established in R.C. 2901.13(A).

State v. Hill

1992 Ohio 43 · Ohio Supreme Court · Aug 11, 1992

. "*** "Defendant's Fifth Amendment Rights were clearly protected by the numerous Miranda Warnings and waivers. … However, we believe this mitigating factor is clearly outweighed by the aggravating circumstances of the case.

State v. Jackson (Slip Opinion)

141 Ohio St. 3d 171 · Ohio Supreme Court · Sep 2, 2014

Barnes, 94 Ohio St.3d 21, 27 , 759 N.E.2d 1240 (2002), and whether “ ‘but for [that] error, the outcome of the trial clearly would have been otherwise,’ ” State v. … Braden, 98 Ohio St.3d 354 , 2003-Ohio-1325 , 785 N.E.2d 439, ¶ 121 (counsel not ineffective for failing to show that the defendant’s paranoid schizophrenia qualified as an R.C. 2929.04(B)(3) mitigating factor).

State v. McAlpin

169 Ohio St. 3d 279 · Ohio Supreme Court · May 12, 2022

is well established. … The state contends that the testimony was relevant to establishing that Martin was not the killer. But that was clearly established by Martin’s testimony that he was at Mr.

Fitzgerald v. City of Cleveland

88 Ohio St. (N.S.) 338 · Ohio Supreme Court · Aug 26, 1913

As to the scope and limitations of the phrase “all powers of local self-government,” it is sufficient to say here that the powers referred to are clearly such as involve the exercise of the functions of government, and they … There are well-established rules by which they must be weighed. They must be construed together and effect must be given to both. Differences, if there are any, must if possible be reconciled.

DeRolph v. State

89 Ohio St. 3d 1 · Ohio Supreme Court · May 11, 2000

Additional costs may be incurred in establishing appropriate scientific laboratories and in hiring more teachers, especially those qualified to teach mathematics and science courses. … Instead, we clearly state that in order to have a thorough and efficient system of schools, there must be statewide standards that are fully developed, clearly stated, and understood by educators, students, and parents.

Van Valkenburg v. Kingsbury

14 Ohio St. (N.S.) 353 · Ohio Supreme Court · Dec 15, 1863

On the other hand, if to apply this principle of immunity from seizure to the last description of cases, would encounter the terms or subvert the policy of the enactment, it is altogether a matter of course, that the principle … Yery clearly, in our apprehension, either to make the vessel comparatively useless to the owner, or to enable him to defraud those who had confided in his ability to perform his engagements.

Equity Dublin Assocs. v. Testa (Slip Opinion)

142 Ohio St. 3d 152 · Ohio Supreme Court · Dec 2, 2014

, on the land owned by the institution {¶ 38} The case law is clear that, as the claimant seeking exemption, Equity Dublin has “the onus * * * to show that the language of the statute ‘clearly … the court noted that the buildings were on the campus of Cleveland State and used exclusively for classrooms and offices, but this court in no way held that buildings must be on an institution’s main campus in order to qualify

State v. Grant

1993 Ohio 171 · Ohio Supreme Court · Oct 26, 1993

Also, Grant never preserved this issue at trial by objecting to the exclusion of jurors who were not so qualified. … First, the evidence, while circumstantial, establishes beyond a reasonable doubt the specified aggravating circumstance of a "course of conduct involving the purposeful killing of * * * two or more persons," and also establishes

State v. Kirkland (Slip Opinion)

160 Ohio St. 3d 389 · Ohio Supreme Court · Aug 18, 2020

The trial court denied the request and instead death-qualified these prospective jurors in a group. … As we noted was true with regard to a different capital defendant, “[h]e had reached ‘an age when * * * maturity could have intervened’ and ‘had clearly made life choices as an adult before committing [these] murder[s].’

Medina Cty. Bar Assn. v. Buzzelli

168 Ohio St. 3d 661 · Ohio Supreme Court · Jul 20, 2022

Those purposes include preventing reasonably certain death or substantial bodily harm, preventing the commission of a crime by the client or another person, establishing a claim or defense on the attorney’s behalf in a controversy … But Buzzelli believed that Tramonte needed to have forensic evaluations of the businesses conducted to determine whether any appreciation might qualify as a marital asset subject to division in the dissolution.

State v. Patrick (Slip Opinion)

164 Ohio St. 3d 309 · Ohio Supreme Court · Dec 22, 2020

R.C. 2953.08(A), but R.C. 2953.08 “does not establish the only basis by which a party may appeal a sentence” [emphasis sic], id. at ¶ 15. … Nor did it qualify appeals depending on whether the challenge is based on a constitutional argument.

State v. Taylor (Slip Opinion)

161 Ohio St. 3d 319 · Ohio Supreme Court · Jul 2, 2020

This court’s establishment of guidelines and required criteria when interpreting a statute is not new. … But every example that the majority gives is either clearly related to a defendant’s ability to pay or would be fundamentally arbitrary. {¶ 46} For instance, a trial court should not consider whether the court costs

State ex rel. Langhenry v. Britt (Slip Opinion)

2017 Ohio 7172 · Ohio Supreme Court · Aug 10, 2017

In accordance with Section 51 of the Cleveland City Charter, the clerk shall determine whether the petition has been signed by the required number of qualified electors. … Indeed, Section 64 of the Cleveland City Charter clearly contemplates that some emergency measures will be subject to referendum notwithstanding the fact that they take effect immediately.

State v. Lynch

98 Ohio St. 3d 514 · Ohio Supreme Court · May 14, 2003

Clearly, there was no custodial interrogation, and Miranda warnings were unnecessary. {¶ 49} On June 27, Lynch voluntarily drove his own vehicle to the police station to be interviewed. … Otherwise, Lynch had no criminal record. {¶ 193} We find that Lynch’s intellectual deficiencies do not qualify as a mental disease or defect under R.C. 2929.04(B)(3). See State v.

State v. Grate (Slip Opinion)

164 Ohio St. 3d 9 · Ohio Supreme Court · Dec 10, 2020

Grate cannot establish actual bias simply by pointing out that those jurors acknowledged that they had been exposed to some degree of media coverage. … Fabian did not believe that Grate qualified for an NGRI plea. {¶ 81} Although Dr.

Lewis v. Trimble

79 Ohio St. 3d 231 · Ohio Supreme Court · Jul 23, 1997

In using the term “additional” to qualify the term “condition,” the court misspoke. An additional condition is different from a residual or flow-through condition. … This would in no small way disrupt the manifold rules that this court has carefully established to facilitate the orderly and fair administration of justice. See State ex rel. Quarto Mining Co. v.

Cleveland Bar Ass'n v. Cleary

93 Ohio St. 3d 191 · Ohio Supreme Court · Sep 19, 2001

We cannot conclude, however, that this one phrase renders the board’s findings defective when so much of Cleary’s conduct clearly and convincingly demonstrates that she did, in fact, offer Kawaguchi a sentencing quid pro … Cleary argues that none of her acts following Judge Greene’s order qualifies under this standard. We reject Cleary’s arguments and adopt the board’s findings.

State v. Johnston

39 Ohio St. 3d 48 · Ohio Supreme Court · Oct 5, 1988

Furthermore, we see no profit in requiring appellee to have filed two separate motions where one was clearly sufficient. … He further indicated he could not establish his whereabouts on October 4, 1982.