Case law

Mikula v. Tailors

24 Ohio St. 2d 48 · Ohio Supreme Court · Oct 14, 1970

Seemingly contradictory utterances of a witness do not, per se, establish a conscious falsity. 3 Wigmore, Evidence (3 Ed.), 681, Section 1013. … This instruction clearly defines the defendant’s burden of proof and does not assume a “right of recovery” for the plaintiff.

State v. Esparza

39 Ohio St. 3d 8 · Ohio Supreme Court · Oct 5, 1988

Appellant’s ineffective assistance of counsel argument must similarly fail, as the decision to request the presentence report was clearly one of sound trial strategy. See Strickland v. Washington (1984), 466 U.S. 668 . … The court thus upheld the practice of “death qualifying” a jury.

Mastran v. Urichich

37 Ohio St. 3d 44 · Ohio Supreme Court · May 25, 1988

Similarly, the reasons underlying the exceptions to the hearsay rule involve circumstances tending to establish a statement’s trustworthiness notwithstanding that it was made outside the presence of the factfinder. … R. 102 provides that the rules shall be construed to state the common law of Ohio unless the rules clearly indicate that a change is intended. Evid.

Bosjnak v. Superior Sheet Steel Co.

145 Ohio St. 538 · Ohio Supreme Court · Aug 1, 1945

The court, over the objection of the defendant, permitted a witness qualifying as a professional electrical and mechanical engineer, and a witness qualifying as a consulting engineer and general contractor, to testify as … accept the custom and usage testified to by them as the establishment of a standard of safety with which the defendant should comply in order to meet the duty devolving upon it.

State v. Mack

73 Ohio St. 3d 502 · Ohio Supreme Court · Aug 30, 1995

Clearly, Detective Lucey’s testimony assisted the jury in its understanding of the technical ballistics report submitted into evidence and “aid[ed] [the jury] in the search for the truth.” Alexander v. Mt. Carmel Med. … Further, we find that appellant did not establish the existence of any of the R.C. 2929.04(B) mitigating factors by a preponderance of the evidence.

Buckman v. State ex rel. Board of Education

81 Ohio St. (N.S.) 171 · Ohio Supreme Court · Nov 9, 1909

To this claim of counsel we cannot assent, but on the contrary are clearly of opinion that the position of this proviso aiid the language therein employed sufficiently denote that it was the purpose, meaning and intent of … As a general rule, unless the contrary intention plainly appears, a proviso is to be construed with reference to the immediately preceding paragraph to which it is attached, and qualifies or limits only the part or paragraph

Sudnek v. Klein

84 Ohio St. 3d 1243 · Ohio Supreme Court · Feb 17, 1999

The weight of authority clearly supports the conclusion of the court of appeals that use of the term “the decedent’s business” in R.C. 2113.30 renders the statute applicable both to corporations in which the decedent was … It further provides immunity to an executor who acts in conformance with the statute in continuing a decedent’s business.

Taylor v. Ross

150 Ohio St. 448 · Ohio Supreme Court · Dec 22, 1948

The applicant is required to rebut the presumption that the verdict is correct and that there has been a lack of due diligence and to establish other facts essential to warrant the granting of a new trial upon the ground … He is, therefore, best qualified to determine what credence or consideration should be given to the retraction, and his opinion is accordingly entitled to great weight.

State Ex Rel. Monroe v. Mahoning County Board of Elections

137 Ohio St. 3d 62 · Ohio Supreme Court · Oct 10, 2013

Monroe, a qualified elector, filed a written protest challenging Kitchen’s candidacy. … Monroe has not alleged fraud or corruption, so the question is whether the board clearly disregarded established law or abused its discretion. {¶ 22} An independent candidate is “any candidate who claims not to be

State ex rel. DeMora v. LaRose (Slip Opinion)

171 Ohio St. 3d 242 · Ohio Supreme Court · Jun 24, 2022

For relators to prevail, then, they must clearly establish that the federal order somehow moved the filing deadlines by implication. … Id. {¶ 119} Relators can be entitled to relief only if the federal court’s order clearly altered the declaration-of-candidacy filing deadline.

State ex rel. Canales-Flores v. Lucas County Board of Elections

108 Ohio St. 3d 129 · Ohio Supreme Court · Oct 25, 2005

Given the proximity of the November 8 election, CanalesFlores has established that she lacks an adequate remedy in the ordinary course of law. … limiting the right of a person to hold office are to be given a liberal construction in favor of those seeking to hold office, in order that the public may have the benefit of choice from all those who are in fact and in law qualified

In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion)

2019 Ohio 2406 · Ohio Supreme Court · Jun 20, 2019

“In construing statutes, it is customary to give words their plain ordinary meaning unless the legislative body has clearly expressed a contrary intention.” Youngstown Club v. … Rather, this case requires us to simply engage in a familiar function—statutory construction—in which we apply established principles.

Neiswander v. Brickner

116 Ohio St. 249 · Ohio Supreme Court · Mar 29, 1927

Such action of the county board of education shall not take effect if a majority of the *252 qualified electors residing in the territory affected by such order shall within thirty days from the time such action is taken … The mode of computing time, in any particular case or class of cases, is of far less importance than that there should be some established and uniform rule on the subject.

State ex rel. Brown v. Dayton Malleable, Inc.

1 Ohio St. 3d 151 · Ohio Supreme Court · Aug 4, 1982

R.C. 6111.03(J) clearly empowers the director to “set terms and conditions of permits, including schedules of compliance * * (Emphasis added.) … The state introduced its evidence through exhibits, DMI’s financial statements, and a qualified financial expert.

State v. Board of Education

139 Ohio St. (N.S.) 427 · Ohio Supreme Court · Mar 25, 1942

In recent years, legislation in the form of teachers tenure acts has been enacted by a number of states for the protection of those established and qualified in the teaching profession and to prevent their arbitrary dismissal … boards of education, to enter into continuing contracts with qualified teachers, terminable for cause.

L. & M. Properties Co. v. Burke

152 Ohio St. 28 · Ohio Supreme Court · Jun 22, 1949

The records in these cases disclose that the parties entered into certain stipulations of fact which are applicable to each of the cases, but these stipulations do not enlarge or qualify the allegations of the petitions and … D., 636; paragraph two of the syllabus thereof, which clearly states the decision of the question involved, is as follows: “Plans and specifications which provide in the al *37 tentative for different materials and methods

Griffith v. Commissioners of Crawford County

20 Ohio St. 1 · Ohio Supreme Court · Dec 15, 1851

On February 13, 1804, the general assembly enacted a law, “ establishing boards of county commissioners.” Chase’s Stat. 410. … Under peculiar circumstances, they may alter or vacate roads, laid out and established by the direct authority of the state.

City of Toledo v. Cone

41 Ohio St. (N.S.) 149 · Ohio Supreme Court · Jan 15, 1884

Iudeed, in the distribution of the powers of government — as a part of the machinery of the state government — they enjoy, to a certain extent, an immunity from civil action in the performance of their legislative functions … This authority becomes of increased force when it is considered that the cemetery trustees were elected by the qualified electors of Toledo, and were answerable for their official conduct to the city council.

State ex rel. Szekely v. Industrial Commission

15 Ohio St. 2d 237 · Ohio Supreme Court · Jul 24, 1968

effective November 2, 1959, and now in effect without substantial change, that paragraph provides in part: “Before awarding compensation for disability or death due to silicosis, the commission shall refer the claim to a qualified … The determination of such a question as the relator presents here, that is whether the complicating diseases of pulmonary emphysema and asthmatic bronchitis were caused by the silicosis condition, is so clearly a question

City of Newark v. Lucas

40 Ohio St. 3d 100 · Ohio Supreme Court · Dec 21, 1988

The analyses shall be conducted by qualified individuals holding permits issued by the Director of Health pursuant to R.C. 3701.143.” 4 R.C. 4511.19, as analyzed in Cincinnati v. … Under R.C. 4511.19(A)(2), (3) and (4) and Newark Ordinance 434.01(a) (2), (3) and (4), the results of the chemical test of the bodily substance are clearly an element of the proof of the offense.