Case law

State ex rel. Yeaples v. Gall (Slip Opinion)

141 Ohio St. 3d 234 · Ohio Supreme Court · Oct 28, 2014

That provision, for which the Yeapleses contend an exception was established in Blankenship v. … Corp., 95 Ohio St.3d 416, 2002-Ohio-2480, 768 N.E.2d 1136, ¶ 29. 12  January Term, 2014 The Yeapleses’ complaint clearly named Cole as a defendant

State v. Thompson

66 Ohio St. 2d 496 · Ohio Supreme Court · Jun 24, 1981

under the scheme or plan exception, must: (1) illustrate the immediate background of the crime charged, such that without this testimony it would be virtually impossible to prove that the accused committed the crime; or (2) establish … Clearly, additional sexual contact, prior or subsequent to the time frame charged in the indictment, does not form the immediate background of the crime charged, either chronologically or substantively.

State ex rel. Thomas v. Wood Cty. Bd. of Elections

2024 Ohio 379 · Ohio Supreme Court · Feb 2, 2024

Therefore, the relevant inquiry is whether the board abused its discretion or clearly disregarded applicable law in denying Thomas’s protest and certifying the referendum for placement on the ballot. … And if amended R.C. 519.12(H) controls this case, then the referendum petition does not qualify for placement on the ballot. a.

State ex rel. Walker v. Industrial Commission

21 Ohio St. 3d 28 · Ohio Supreme Court · Jan 2, 1986

Again, as noted in Teece, “[t]he determination of disputed factual situations is clearly within the jurisdiction of the commission (State, ex rel. General Motors Corp., v. Indus. … For the reason that appellant has failed to establish a clear legal right to a writ of mandamus compelling the commission to grant him permanent and total disability, the judgment of the court of appeals is affirmed.

In re Jackson

21 Ohio St. 2d 215 · Ohio Supreme Court · Mar 18, 1970

Appellee argues that the Juvenile Court erred in admitting the arresting officer’s testimony about oral statements made by the appellee before there was evidence to establish a corpus delicti. … The record indicates that the judge allowed the arresting officer to be withdrawn temporarily so that independent evidence of the corpus delicti could be established.

Eastland Joint Vocational School District v. Department of Education

50 Ohio St. 2d 91 · Ohio Supreme Court · May 11, 1977

C. 3313.91, that the Board “may assign school districts to joint vocational districts,” clearly denotes the Board’s authority to mandate the outright joinder of school districts to joint vocational districts. … , qualified, narrowed, enlarged or abridged; significance in effect should, if possible, be accorded to every word, phrase, sentence and part of an act, and in the absence of any definition of the intended meaning of words

State ex rel. Portage County Welfare Dept. v. Summers

38 Ohio St. 2d 144 · Ohio Supreme Court · May 8, 1974

of the Ohio Constitution, reads: “The judicial power of the state is vested in a Supreme Court, Courts of Appeals, Courts of Common Pleas, and such other courts inferior to the Supreme Court as may from time to time he established … Permanent placement in a judicially approved home environment through the process of adoption is clearly preferable to confining the child in an institution or relegating the child to a life of transience, from one foster

Dresher v. Burt

75 Ohio St. 3d 280 · Ohio Supreme Court · Mar 6, 1996

Here, SEMC could point to no such evidence clearly demonstrating that appellees lacked proof of the negligence claim. … Id. at 4-5, 1994 WL 511043 at 2. {¶ 28} We read Miller as standing for the proposition that summary judgment may be rendered where the pleadings and the arguments of the party seeking summary judgment clearly establish

City of East Cleveland v. Board of Education

112 Ohio St. 607 · Ohio Supreme Court · May 26, 1925

Section 3963 is manifestly a law of general operation, and is clearly within the purview of Section 26, Article II of the Constitution,, and is a provision for á system of public schools, within the purview of the constitutional … own boundaries, within the limits of the grant, it executes the functions and possesses the attributes of sovereignty, and to that extent as against its citizens and all persons within its jurisdiction has the rights and immunities

President of Medical College v. Zeigler

17 Ohio St. (N.S.) 52 · Ohio Supreme Court · Dec 15, 1866

The mortgages must therefore be construed with reference to the limitations, if there be any, which qualify the power of mortgaging, granted by the act of 1851. … We are not to attribute to the legislature a covert intention, which, if clearly expressed, must have rendered the grant of power wholly nugatory.

State Ex Rel. Knowlton v. Noble County Board of Elections

126 Ohio St. 3d 483 · Ohio Supreme Court · Sep 22, 2010

Because the board of elections neither abused its discretion nor clearly disregarded R.C. 311.01(B)(9) or 3513.04 by certifying Hannum’s candidacy, we deny the writ of prohibition. … Conclusion {¶ 56} Based on the foregoing, Knowlton has not established his entitlement to the requested extraordinary relief.

Schwarz v. Board of Trustees of Ohio State Univ.

31 Ohio St. 3d 267 · Ohio Supreme Court · Jul 22, 1987

Multi-County Narcotics Bureau (C.A. 6, 1979), 600 F. 2d 570 , the court stated that in order to establish a right to relief under Section 1983, “* * * a plaintiff must plead and prove at least two elements: (1) that he has … Graham, supra, is directly on point and clearly indicates that plaintiff has stated no proper claim under Section 1983, our reading of that case leads us to conclude that it is not controlling in the cause sub judice.

State v. Wilson

58 Ohio St. 2d 52 · Ohio Supreme Court · Apr 25, 1979

In Menna , a per curiam opinion, the petitioner’s guilty plea to a charge of refusing *54 to testify before a grand jury, after having been granted immunity, was held not to bar his later claim that the Double Jeopardy Clause … is validly established.

Cleveland Metropolitan Bar Ass'n v. Pryatel

135 Ohio St. 3d 410 · Ohio Supreme Court · Apr 24, 2013

fees and expenses into a client trust account, to be withdrawn by the lawyer only as fees are earned or expenses incurred), 1.5(a) (prohibiting a lawyer from making an agreement for, charging, or collecting an illegal or clearly … And we have also imposed indefinite suspensions on attorneys who suffered from mental illness or substance abuse but who failed to present sufficient evidence to establish that their condition qualified as a mitigating factor

Hilliard v. Elfrink

77 Ohio St. 3d 155 · Ohio Supreme Court · Dec 11, 1996

would not be applied to statutory violations falling short of constitutional violations, absent a legislative mandate requiring the application of the exclusionary rule.”). {¶ 15} Consequently, even though Kretz established … In our view, there is no judicial machinery available to produce the missing sanction.” {¶ 18} Myers thus clearly set out this court’s position on this issue.

Ritchey Produce Co. v. State

85 Ohio St. 3d 194 · Ohio Supreme Court · Apr 7, 1999

However, R.C. 122.71(E)(1) clearly does not say that. … However, Ohio’s MBE program should be upheld unless it is clearly unconstitutional beyond a reasonable doubt.

Champion Spark Plug Co. v. Lindley

70 Ohio St. 2d 82 · Ohio Supreme Court · May 19, 1982

Clearly, the note, which represents the act of lending money to a foreign subsidiary was a service, the situs of which occurred in Ohio. … Again, as with the note, the nature of this service is such as to qualify for an Ohio situs.

Christian Voice of Cent. Ohio v. Testa (Slip Opinion)

147 Ohio St. 3d 217 · Ohio Supreme Court · Apr 14, 2016

have easily added this qualifying language. … As detailed above, the record clearly demonstrates that the primary use of Christian Voice’s land and building is for church purposes.

Ishler v. Miller

56 Ohio St. 2d 447 · Ohio Supreme Court · Dec 8, 1978

qualified him to testify regarding the suitability of Ishler for surgery. … Clearly, the physician-patient relationship continued at least through November of 1971 and thus, appellees’ complaint, filed on November 1, 1972, came well within the one-year statute of limitations.

Strock v. Pressnell

38 Ohio St. 3d 207 · Ohio Supreme Court · Aug 24, 1988

Religious institutions are not immune from tort liability. The doctrine of religious and/or charitable immunity from tort liability has been abolished in Ohio. Albritton v. … fundamental right violated by criminal conversation is that of exclusive sexual intercourse, which the law grants as a necessary consequence of the marriage relation, and the actual marriage of the parties being admitted or established