Case law

Disciplinary Counsel v. O'Neill

103 Ohio St. 3d 204 · Ohio Supreme Court · Sep 7, 2004

In Nezvalova, Disciplinary Counsel clearly failed to establish that the conversations were ex parte in nature. … In Nezvalova, Disciplinary Counsel clearly failed to establish that the conversations were ex-parte in nature.

State v. Drain

170 Ohio St. 3d 107 · Ohio Supreme Court · Oct 19, 2022

But the burden is on the defendant to establish the elements of a Strickland claim. … Drain’s argument fails to establish either deficient performance or prejudice. 5.

State v. Hanna

95 Ohio St. 3d 285 · Ohio Supreme Court · May 22, 2002

.” {¶40} Appellant’s intent to kill Copas was clearly proved. … This rule has been qualified where there has been a gross or willful maltreatment of the patient by the medical personnel which is shown to have been an independent intervening cause of the patient’s death.”

State v. Trimble

122 Ohio St. 3d 297 · Ohio Supreme Court · Jun 30, 2009

Overwhelming evidence established Trimble’s guilt. … established that he purposely killed Positano.

Schaad v. Alder

176 Ohio St. 3d 158 · Ohio Supreme Court · Feb 14, 2024

That means he can succeed in his challenge only if he can establish that there is no “ ‘reasonably conceivable state of facts that could provide a rational basis’ ” for the enactment, Armour v. … must withhold taxes from an employee and where an employee’s income is taxable. {¶ 66} Importantly, R.C. 718.01(B)(2) defines “income” of the nonresidents of a municipality as “all income, salaries, qualifying

In re T.D.S.

174 Ohio St. 3d 574 · Ohio Supreme Court · Feb 21, 2024

The burden of establishing the voluntariness of a confession is on the state, State v. … Additionally, other testimony at trial, including from the victim’s family, established that T.D.S. and the victim were friends. IV.

Hartford Protection Insurance v. Harmer

2 Ohio St. (N.S.) 452 · Ohio Supreme Court · Dec 15, 1853

In' everything pertaining to the ordinary and common knowledge of mankind, ^jurors are. supposed to be competent, and, indeed, peculiarly qualified to determine the experienced connection between cause and effect, and to … application of the severest rules of marine insurance to a fire policy; operating so harshly, as to compel the judge to “ doubt whether the intentions of the parties, and the interests of justice, were duly regarded, in the establishment

McCarthy v. Lee

2023 Ohio 4696 · Ohio Supreme Court · Dec 28, 2023

On the other hand, the statute of repose is a substantive provision which may not be waived because the time limit expressly qualifies the right which the statute creates”). {¶ 22} The statute of repose, then, operates … Standard of Review and Issue Presented {¶ 28} This court has clearly set out the standard of review for cases such as this: We review de novo a decision granting a motion to dismiss

State v. Williams

99 Ohio St. 3d 493 · Ohio Supreme Court · Sep 3, 2003

. {¶ 51} We find that the evidence is sufficient to establish Williams’s guilt of the crime of which he was convicted. Williams points out that there were no witnesses to the crimes and that he did not confess. … Further, the statements, if error at all, do not qualify as plain error. See, generally, State v. Barnes (2002), 94 Ohio St.3d 21, 27-28 , 759 N.E.2d 1240 .

State v. Franklin

97 Ohio St. 3d 1 · Ohio Supreme Court · Oct 16, 2002

. {¶ 34} Appellant first alleges ineffective assistance during voir dire by his trial counsel’s failure to ensure that the proper standard was used to qualify the jury for a capital case. We disagree. … Clearly, a juror who is incapable of signing a death verdict demonstrates substantial impairment in his ability to fulfill his duties.

State v. Franklin

97 Ohio St. 3d 1 · Ohio Supreme Court · Oct 16, 2002

Clearly, a juror who is incapable of signing a death verdict demonstrates substantial impairment in his ability to fulfill his duties. … {¶a} The trial court instructed the jury as follows: {¶b} “A Defendant is presumed innocent until his guilt is established beyond a reasonable doubt.

In re T.D.S.

2024 Ohio 595 · Ohio Supreme Court · Feb 21, 2024

The burden of establishing the voluntariness of a confession is on the state, State v. … Some testimony established that the victim’s life was under threat from an adult referred to as “Vaughn” from whom the victim had allegedly stolen a gun.

State v. Cassano

96 Ohio St. 3d 94 · Ohio Supreme Court · Aug 7, 2002

Since White was qualified as a juror and agreed to be fair and follow instructions, we find no abuse of discretion by the trial court. Cf. Williams, 79 Ohio St.3d at 5, 679 N.E.2d 646; State v. … His failure to object “constitutes a waiver * * * unless, but for the error, the outcome of the trial clearly would have been otherwise.” State v. Underwood (1983), 3 Ohio St.3d 12, 3 OBR 360, 444 N.E.2d 1332, syllabus.

State v. Ford (Slip Opinion)

2019 Ohio 4539 · Ohio Supreme Court · Nov 7, 2019

Ford fails to establish that he was prejudiced by these comments. … That leaves just one test, fixed on by the majority, which established an IQ range of 69-83.

State v. Cassano

96 Ohio St. 3d 94 · Ohio Supreme Court · Aug 7, 2002

Since White was qualified as a juror and agreed to be fair and follow instructions, we find no abuse of discretion by the trial court. Cf. Williams, 79 Ohio St.3d at 5 , 679 N.E.2d 646 ; State v. … His failure to object “constitutes a waiver * * * unless, but for the error, the outcome of the trial clearly would have been otherwise.” State v.

League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion)

168 Ohio St. 3d 28 · Ohio Supreme Court · Feb 7, 2022

We clearly invalidated the entire original plan in League of Women Voters of Ohio. … In League of Women Voters of Ohio, we explained that the qualifying word “attempt” does not mean that the Section 6(B) standard is merely aspirational.

League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion)

168 Ohio St. 3d 374 · Ohio Supreme Court · Apr 14, 2022

Kasich, 134 Ohio St.3d 221, 2012-Ohio-5367, 981 N.E.2d 814, ¶ 20, and “the great heritage of the common law and the principles of free government” provide the basis for legislative immunity and, by extension, immunity to … This court is no better qualified to dispute the administrative calculus of Ohio’s chief election official than is the secretary of state to tell this court the meaning of the Ohio Constitution.

State v. LaMar

95 Ohio St. 3d 181 · Ohio Supreme Court · May 15, 2002

At best, these witnesses established that there were several persons who joined in beating the L-6 victims to death. … Accordingly, we will not find prejudicial error in how the trial court qualified venirepersons “as fair and impartial jurors” unless the appellant can show “a clear abuse of discretion.” State v.

State v. Green

90 Ohio St. 3d 352 · Ohio Supreme Court · Dec 19, 2000

DeHass (1967), 10 Ohio St.2d 230, 39 O.O.2d 366, 227 N.E.2d 212, paragraph one of the syllabus. {¶ 28} To qualify for the death penalty under R.C. 2929.04(A)(7), the defendant must be the principal offender (“the actual … Brown (C.A.6, 1978), 571 F.2d 980, 987 (accused must establish prejudice from absence at in-chambers conference); State v.

State v. Frohner

150 Ohio St. 53 · Ohio Supreme Court · Jul 21, 1948

E., 957 : "His plea of guilty conclusively establishes every essential fact in the case against him, and leaves open only the question as to the degree of the crime.” … That the court did not exclude further evidence is clearly shown by the record of what was done and what was said.