Case law

Collins v. Millen

57 Ohio St. (N.S.) 289 · Ohio Supreme Court · Dec 14, 1897

The distinction, however, between a mere change of phraseology and the introduction of an entire clause into a statute, the apparent effect of which is to clearly qualify the former statute, is wide and clear. … Whatever the rule may be as to a mere change of phraseology thus accomplished, the mere circumstances that an entire and clearly qualifying clause has been brought into a statute in the course of a general revision of the

State ex rel. Emhoff v. Medina Cty. Bd. of Elections (Slip Opinion)

153 Ohio St. 3d 313 · Ohio Supreme Court · Apr 27, 2018

Bd. of Elections, 151 Ohio St.3d 134, 2017-Ohio-8167, 86 N.E.3d 332, ¶ 11 (holding that evidence that was not presented to a board of elections is not relevant to whether the board abused its discretion or clearly disregarded … Bd. of Elections, 70 Ohio St.3d at 415, 639 N.E.2d 78, and we have never established a minimum threshold for the amount of work a qualifying attorney must perform.

State ex rel. McKenney v. Jones (Slip Opinion)

168 Ohio St. 3d 180 · Ohio Supreme Court · Feb 28, 2022

A county public-defender commission may then contract with a qualified nonprofit organization for that entity to provide legal representation to indigent defendants. … This court finds that the municipal-court judges have not established that common-pleas-court judges are in fact making such appointments and that nothing in the local rules clearly states that the common-pleas-court judges

Princeton City School District Board of Education v. Zaino

94 Ohio St. 3d 66 · Ohio Supreme Court · Jan 16, 2002

R.C. 5709.73 authorizes township trustees to establish a TIF program. … Thus, the commissioner could exempt the qualified properties after these dates. Amounts Exempted In Propositions of Law Nos.

Daloia v. Franciscan Health System of Central Ohio, Inc.

79 Ohio St. 3d 98 · Ohio Supreme Court · Jun 25, 1997

to those powers granted by law, and until actual distribution of the trust property, shall have the following rights, powers, duties, and immunities to be exercised without court order or other authority upon such terms … Specifically, the court of appeals held that “the trust agreements clearly provided that appellant’s trustee powers ended upon distribution of the gifts to St. Anthony.

Hicks v. Westinghouse Materials Co.

78 Ohio St. 3d 95 · Ohio Supreme Court · Apr 2, 1997

Accordingly, we cannot say that the decision of the trial court to grant appellees’ peremptory strike was clearly erroneous. … We qualify this conclusion with caution. Trial judges must exercise considerable care in reviewing a claim of racial discrimination in jury selection.

Cleveland Public Library v. Cuyahoga County Budget Commission

28 Ohio St. 3d 390 · Ohio Supreme Court · Dec 30, 1986

R.C. 5705.32 authorizes the county budget commission to allocate the funds to qualified participants by providing, in pertinent part: “[T]he Commission shall fix the amount * * * to be distributed to each board of public … Even if that case involved the same statute, which it clearly did not, the Board of Tax Appeals was still required to record its valuation of the land in question.

State ex rel. Jackson v. Ohio Adult Parole Auth. (Slip Opinion)

140 Ohio St. 3d 23 · Ohio Supreme Court · Jun 5, 2014

Pusateri’s decision to dismiss Jackson II, rather than seek leave to amend the complaint, certainly qualifies as neglect. See Marion Prod. Credit Assn. v. … Pusateri’s conduct qualified as excusable neglect, within the meaning of Civ.R. 60(B)(1).

State v. Thompkins

78 Ohio St. 3d 380 · Ohio Supreme Court · May 14, 1997

Moreover, the General Assembly in that subsection did not qualify *385 the type of “representations” or “actions” that may be considered by the fact finder. … issue which is to be established before them.

White v. Randolph

59 Ohio St. 2d 6 · Ohio Supreme Court · Jul 3, 1979

However, appellant contends that the equal protection clause requires that she be permitted to inherit from decedent if she can establish with sufficient competent evidence that decedent is, in fact, her father. … “Clearly, the Ohio classification scheme is rationally related to the legitimate state purpose of assuring efficient disposition of property at death while avoiding spurious claims.

State v. Coleman

85 Ohio St. 3d 129 · Ohio Supreme Court · Mar 31, 1999

Thus, the probative value of the slides clearly outweighs any risk of unfair prejudice. … Thus, appellant has failed to establish either deficient performance or prejudice. F.

Hirschbach v. Cincinnati Gas & Electric Co.

6 Ohio St. 3d 206 · Ohio Supreme Court · Aug 10, 1983

The record clearly indicates that this increased risk was apparent not only to Wagner-Smith’s supervisory personnel but to the decedent and his fellow employees as well. … However, this argument states too much, for if accepted as true, CG&E is immune from liability pursuant to R.C. '4123.74 since CG&E is and was a compliant employer under the workers’ compensation laws.

Tod v. Wick Bros.

36 Ohio St. (N.S.) 370 · Ohio Supreme Court · Jan 15, 1881

This is the extent of the immunity or privilege which the act confers. … consequences resulting from a want of consideration in the note, to show that they purchased the note before due, in the usual course of trade, and for value, upon showing which, the burden shifted to the defendant, to establish

State v. Koss

49 Ohio St. 3d 213 · Ohio Supreme Court · Mar 7, 1990

Where the evidence establishes that a woman is a battered woman, and when an expert is qualified to testify about the battered woman syndrome, expert testimony concerning the syndrome may be admitted to assist the trier of … The record clearly establishes that the victim died of a gunshot wound to the head. Appellant testified at trial that she remembers observing the gun on the nightstand and reaching for it.

Leslie v. City of Toledo

66 Ohio St. 2d 488 · Ohio Supreme Court · Jun 24, 1981

Zoning or *490 dinances, enacted pursuant to a municipality’s police powers, are presumed valid until the contrary is clearly shown by the party attacking the ordinance. Brown v. Cleveland, supra, at page 95; State v. … Municipal governing bodies are better qualified, because of their knowledge of the situation, to act upon these matters than are the courts.”

State v. Lessin

67 Ohio St. 3d 487 · Ohio Supreme Court · Oct 27, 1993

To read the majority opinion, the citizens of Ohio would conclude that a person who burns the American flag is granted absolute immunity from criminal prosecution. … This statute clearly infringed upon that person’s right to freely express his opinions under the First Amendment.

State ex rel. Pell v. City of Westlake

64 Ohio St. 2d 360 · Ohio Supreme Court · Dec 30, 1980

C. 124.44, 3 which, in the case of a promotion, orders a civil service commission to certify to the appointing authority the person with the highest score on the qualifying examination. … Thus, the appellant in this case is clearly entitled to be certified to his appointing authority as being entitled to the next vacancy which occurs in the position of sergeant, and the commission is under a legal duty to

State v. Stowers

81 Ohio St. 3d 260 · Ohio Supreme Court · Mar 18, 1998

Also, Evid.R. 102 provides that the Rules of Evidence “shall be construed to state the principles of the common law of Ohio unless the rule clearly indicates that a change is intended.” 2. In State v. … Until a sufficient database can be established to support so-called child-sexual-abuse indicators, expert testimony concerning standard indicators should be inadmissible.

State v. Steele

138 Ohio St. 3d 1 · Ohio Supreme Court · Jun 18, 2013

When looking at a police officer’s liability in the civil context, privilege is lost when “a reasonable official would understand that what he is doing violates [a clearly established] right.” Anderson v. … If Steele believed that R.M. had not committed a crime, then a reasonable police officer in Steele’s position would have understood that probable cause was clearly lacking.

Whitman v. Hamilton County Board of Elections

97 Ohio St. 3d 216 · Ohio Supreme Court · Oct 30, 2002

Consequently, the dispositive issue is whether the Secretary of State abused his discretion or clearly disregarded applicable law in dismissing Whitman’s protest as untimely. {¶ 12} The Secretary of State neither abused his … That statute provides that these protests must be filed by any qualified elector who is a member of the same political party as the candidate and is eligible to vote at the primary election “not later than four p.m. of the