Case law

State v. French

72 Ohio St. 3d 446 · Ohio Supreme Court · Jul 5, 1995

withdrawn within two hours of the time of the alleged violation, that the bodily substance was analyzed in accordance with methods approved by the Director of Health, and that the analysis was conducted by a qualified … Clearly, without expert testimony, prejudice could result from a jury giving too much weight to the test result itself rather than focusing on the critical issue of the defendant's conduct. {¶ 23} In the instant case

State v. Nemeth

82 Ohio St. 3d 202 · Ohio Supreme Court · Jun 24, 1998

The Staff Note does, however, specifically endorse previous court holdings that rejected the “ ‘general acceptance’ within a relevant scientific community” test established in Frye v. … Any relevant conclusions which are supported by a qualified expert witness should be received unless there are other reasons for exclusion.’ ” (Footnote omitted.) State v.

State v. Hipp

38 Ohio St. (N.S.) 199 · Ohio Supreme Court · Jan 15, 1882

Is the act in controversy, as fairly interpreted, so clearly and palpably a license, within the meaning of that word, as used in the constitution, as to make it the plain duty of the court to declare the act void, and thus … It grants no dispensation, special privilege, exemption or immunity. It confers no authority to sell except according to law.

City of Westlake v. Mascot Petroleum Co.

61 Ohio St. 3d 161 · Ohio Supreme Court · Jul 24, 1991

As an initial matter, the challenge initiated by appellee merely involves the contention that the ordinance in question is inconsistent with the regulatory framework established by R.C. Chapter 4303. … noncompliance of the proposed permit *167 premises with local zoning regulations which prohibit the sale of beer or intoxicating liquor, in an area zoned for commercial or industrial uses, for a permit premises that would otherwise qualify

Ohio Fuel Gas Co. v. Ringler

126 Ohio St. 409 · Ohio Supreme Court · Mar 8, 1933

Eingler, plaintiff below, was incompetent upon the ground that Eingler had not qualified as an expert. It was shown that Mr. … the effect that the Brown No. 1 well and the Bingler No. 1 well, which were situated on adjoining properties and only 500 feet distant, would drain the Boy Shaw well, and hence there was evidence in the record tending to establish

Roxane Laboratories, Inc. v. Tracy

74 Ohio St. 3d 654 · Ohio Supreme Court · Mar 1, 1996

The FDA requires that stability testing be done (1) prior to FDA approval in order to develop a protocol for manufacturing the product and to establish future testing procedures, and (2) after the drug is packaged and marketed … (New language emphasized.) {¶ 14} It is axiomatic that exemptions from taxation are not favored by the law and the intention to grant an exception must be clearly expressed. Meridian Technology Leasing Corp. v.

State ex rel. Kaylor v. Bruening

80 Ohio St. 3d 142 · Ohio Supreme Court · Oct 22, 1997

In May 1995, on the day of the hearing on the adoption petition, Cola filed an emergency motion to establish immediate visitation with JoAnna in the domestic relations court. … On August 25, 1995, following a hearing on the best interest of the child, the probate court determined that Michelle Lee Kaylor was “suitably qualified to care for and rear the child and that the best interest of the child

Dies Electric Co. v. City of Akron

62 Ohio St. 2d 322 · Ohio Supreme Court · Jun 11, 1980

U * * * “The constitution authorizes the city to exercise part of the sovereign power, and in the proper exercise of that part it is immune from general laws.” … Cleveland, supra, at page 344: “[I]t is sufficient to say here that the powers referred to are clearly such as involve the exercise of the functions of government, and they are local in the sense that they relate to the municipal

State ex rel. Miller v. Hamilton Cty. Bd. of Elections (Slip Opinion)

165 Ohio St. 3d 13 · Ohio Supreme Court · Mar 18, 2021

Pureval argues that the affidavit is insufficient because it is devoid of specific details or admissible facts and contains no information establishing that Hartman is competent to testify to the matters alleged in the complaint … form that follows reads: Statement of Circulator I, _______ [name of circulator of petition], declare under penalty of the election falsification laws of the state of Ohio that I am a qualified

Daggett v. Hudson

43 Ohio St. (N.S.) 548 · Ohio Supreme Court · Jan 15, 1885

Foster, 12 Pick, 485, and as will be seen by the foregoing list, was determined by the court of last resort of a state whose constitution was silent on the subject of registration. ■ A statute was enacted establishing the … affidavit of a qualified voter his residence, and by filing the same could vote at the election.

Froelich v. City of Cleveland

99 Ohio St. (N.S.) 376 · Ohio Supreme Court · Apr 2, 1919

But the court was unanimous in the view that by the amendment to the constitution municipalities were given immunity from general laws, as stated. … It was in that case shown that until the adoption of the amendments in 1912 the course of legislation under the old constitution seemed to clearly disclose that the control of streets had been regarded as a matter chiefly

State ex rel. Nicholson v. Copperweld Steel Co.

77 Ohio St. 3d 193 · Ohio Supreme Court · Dec 18, 1996

LTV Steel at 25, 599 N.E.2d at 267. 4 There, medical evidence attributed permanent and total disability exclusively to 5 nonallowed conditions and, thus, necessarily established that the claimant’s 6 inability … The present claimant clearly has a work-related physical impairment 18 with which the Stephenson factors could combine. 15  1 “For the above reasons, the judgment

State Ex Rel. Bettman v. Court of Common Pleas

124 Ohio St. 269 · Ohio Supreme Court · Oct 23, 1931

of the institution of the action in the common pleas court, and for many days prior thereto, the superintendent of building and loan associations of Ohio in person, *277 and by and through a number of duly appointed and qualified … institutions of this character all possible safeguards for the protection, not only of those who are financially interested in them, but of the public itself; and it is made the duty of the bank examiner to see that the safeguards established

Estate of Atkinson v. Ohio Dept. of Job & Family Servs. (Slip Opinion)

144 Ohio St. 3d 70 · Ohio Supreme Court · Aug 26, 2015

What this family did is and was permitted by state and federal law. {¶ 37} The regulatory framework clearly states that the transfer of the home between spouses is not an improper transfer. 42 U.S.C. 1396p(c)(2)(A) … It makes no difference that the home was in the revocable trust when the CSRA was established.

State ex rel. Maumee v. Lucas Cty. Bd. of Elections

2025 Ohio 2516 · Ohio Supreme Court · Jul 17, 2025

Relators can establish that the board acted without authority if they show that it “engaged in fraud or corruption, abused its discretion, or clearly disregarded applicable law in denying their protest[s].” … For a writ of mandamus to issue, relators must establish by clear and convincing evidence (1) a clear legal right to the relief sought, (2) a clear legal duty on the part of the board to provide it, and (3) the lack of an

Columbus Bar Assn. v. Larkin

128 Ohio St. 3d 368 · Ohio Supreme Court · Feb 23, 2011

. {¶ 7} The master commissioner and board found, and we agree, that this evidence clearly and convincingly establishes respondent’s violation of Prof.Cond.R. 8.4(b) (prohibiting a lawyer from committing an illegal … They observed that in each of those cases, there was evidence of mental illness or substance abuse but that the condition had not qualified as a mitigating factor, because the respondents had failed to submit evidence that

State ex rel. Romero v. River City Drywall Supply, Inc.

143 Ohio St. 3d 65 · Ohio Supreme Court · Apr 2, 2015

Mannava failed to accept the findings of the physicians who had previously examined him, and thus, his report cannot qualify as evidence to support the commission’s decision. But in his report, Dr. … Mannava’s report clearly referred to the newly recognized condition. Dr. Mannava recognized the existence of this condition, accepted the examiners’ findings, and based his opinion on those findings.

Epinger, Admx. v. Wade

142 Ohio St. 460 · Ohio Supreme Court · Jan 26, 1944

The claim of the defendant, if established, would make her a creditor of the estate of the decedent, but it could not affect the rights of the surviving spouse and next of kin of the decedent in any judgment in the action … In our view, the defendant’s cross-action in this case clearly does not qualify as a proper setoff or counterclaim to the action of the plaintiff.

Karr v. McClain (Slip Opinion)

166 Ohio St. 3d 513 · Ohio Supreme Court · Feb 17, 2022

exemption on the taxpayer holding a certificate authorizing him to engage in the transportation of personal property belonging to others for consideration, and nearly 20 years ago we clarified what type of certificate will qualify … Unlike Renacci, this appeal involves a taxpayer who formally claimed an exemption but failed to prove he was entitled to the exemption under well-established law. the assessment of unpaid tax.

Cleveland Clinic Found. v. Cleveland Bd. of Zoning Appeals (Slip Opinion)

2014 Ohio 4809 · Ohio Supreme Court · Nov 5, 2014

C.C.O. 343.01(b)(2) sets forth various uses that qualify as retail business for local or neighborhood needs in a Local Retail Business District. … These uses include a variety of retail establishments, eating establishments, service establishments, business offices, automotive services, parking garages, charitable institutions, and signs.