Case law

State v. White

2021 Ohio 4046 · Ohio Court of Appeals · Nov 15, 2021

court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … The trial court also noted that White did not establish the accuracy of her speedometer.

Evans v. Summit Behavorial Healthcare

2016 Ohio 5857 · Ohio Court of Appeals · Sep 15, 2016

Because the Court of Claims did not clearly state its reason(s) for protecting the nursing shift reports from discovery, even after an in camera review, the question of their production must be remanded for the trial court … Summit did not establish what its quality assurance committee did or what documents the committee required.

Myers v. City of Defiance

67 Ohio App. 159 · Ohio Court of Appeals · Mar 28, 1940

Myers Cleaners has qualified and is qualified under §843-19 GC, and subsequent Sections regulating dry cleaning and dyeing establishments. … That part of Section 1 of the Fourteenth Amendment to the United States Constitution which provides that: “No state shall make or enforce any law which shall breach the privileges or immunities of citizens of the United States

Fields v. CSX Transportation, Inc.

197 Ohio App. 3d 561 · Ohio Court of Appeals · Dec 29, 2011

If the defendant submits competent, credible evidence establishing that a plaintiff is a smoker, then the burden shifts to the plaintiff to establish that the exposed person is not a smoker as defined in R.C. … Further, the evidence could prove to be admissible under the business-records exception of Evid.R. 803(6) through a qualified witness at trial.

Coppertree Properties, L.L.C. v. Harris, Tax Commr.

2024 Ohio 5932 · Ohio Court of Appeals · Dec 19, 2024

. {¶8} The BTA also rejected Coppertree's argument that the land qualifies as public property for purposes of R.C. 5709.08. … The burden of proof was on Coppertree to present probative evidence to establish the ownership of the structure.

Brehm v. MacIntosh Co.

2019 Ohio 5322 · Ohio Court of Appeals · Dec 24, 2019

MacIntosh argues, however, that Brehm has not established a prima facie case of age discrimination because he did not meet the third element, which requires him to be qualified for his position as Administrator of the New … No. 19AP-19 8 {¶ 21} Therefore, because Brehm demonstrated he was qualified for his position, we find Brehm established

In Re Maxwell

8 Ohio App. 3d 302 · Ohio Court of Appeals · Oct 8, 1982

One testified the father was more qualified as a parent as he was more mature. … Since the evidence in this case established that either parent would be a proper custodian, the reviewing court may not substitute its judgment for that of the trial court. Id.

State v. Valiente-Mendoza

2018 Ohio 3090 · Ohio Court of Appeals · Aug 3, 2018

Given the trial court’s appointment of two Supreme Court qualified foreign language interpreters, we find no merit to appellant’s contention that the trial court failed to appoint qualified interpreters. {¶ 56} … Our role is to determine “whether in resolving conflicts in the evidence, the [trier of fact] clearly lost its 21.

State v. Scott

2014 Ohio 392 · Ohio Court of Appeals · Feb 6, 2014

. {¶19} The Leon court established the “good faith” exception to the exclusionary rule where the officers acted in objectively reasonable reliance on a search warrant issued by a detached and neutral magistrate … The record clearly establishes that despite Scott’s December 19, 2012 release from jail upon the discovery of the erroneous information, his meeting with the police, and the police report identifying him as a victim of

State v. Richmond

2011 Ohio 6450 · Ohio Court of Appeals · Dec 15, 2011

No. 74101. {¶ 61} In the case at hand, although the jury was not given the accomplice instruction, they were aware that mother was an accomplice testifying for the state against defendant in exchange for immunity … Yarbrough, 104 Ohio St.3d 1, 2004-Ohio-6087, 817 N.E.2d 845, ¶96-102.  {¶ 86} The Ohio Supreme Court recently established the proper analysis for determining whether offenses qualify as allied offenses subject to

State v. Lilly

2018 Ohio 1014 · Ohio Court of Appeals · Mar 19, 2018

in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying … discretion to impose a prison term upon an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying

State v. Wilburn

168 N.E.3d 873 · Ohio Court of Appeals · Mar 4, 2021

Thus, Wilburn’s misdemeanor offense in CR-19-644828 was not a qualifying offense under the law. II. … The law establishes a presumptive release date at the end of the minimum term. R.C. 2967.271(B).

State v. Williams

2023 Ohio 1883 · Ohio Court of Appeals · Jun 7, 2023

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s … Donelson (C.A.D.C.1982), 695 F.2d 583, 590 (“‘It is well established that a sentencing judge may take into account facts Muskingum County, Case No.

Comer v. Calim

128 Ohio App. 3d 599 · Ohio Court of Appeals · Jun 26, 1998

The trust sought to establish that it had a prior lien on the assets superior to that of Aman J. Calim. … First, it establishes whether Calim’s claim arose before the transfer of the assets to the trust.

Jones v. Russell

2024 Ohio 1857 · Ohio Court of Appeals · May 13, 2024

The Eighth District has summarized the CDA as follows: The CDA establishes immunity “‘against causes of action of all kinds’” for interactive service providers and users. … Section 230(c)(1) does not extend immunity to information content providers.

U.S. Bank, N.A. v. Lawson

2014 Ohio 463 · Ohio Court of Appeals · Feb 4, 2014

Pittenger case, we reviewed the term “other qualified witness”: The phrase “other qualified witness” should be broadly interpreted. See State v. Patton (Mar. 5, 1992), Allen App. … I find the validity of the assignment is clearly relevant to the issue of standing.

State v. Simpson

2019 Ohio 2271 · Ohio Court of Appeals · Jun 3, 2019

Gay does not support immunity for appellant, nor does the statute. … Thus, appellant is not entitled to immunity pursuant to R.C. 2923.23.

State v. George

2016 Ohio 7886 · Ohio Court of Appeals · Nov 23, 2016

A witness may be qualified as an expert witness if it is established that the witness has “knowledge of scientific, technical, or other such specialized nature” State v. Monroe, 8th Dist. … These videos were shown to the jury as well. {¶16} Ciula’s testimony established that he has specialized knowledge and skills of a technical nature beyond the knowledge and experience possessed by lay persons.

In re K.L.

2021 Ohio 3079 · Ohio Court of Appeals · Sep 7, 2021

These drugs assist suppressing the child’s immune system in order to avoid rejecting the transplant. Dr. Boyle stated that while N.L. … There are no relatives or person who have been located or qualified that have shown an interest to be a relative placement or legal custodian. {¶39} Father acknowledges that JFS met its burden of establishing one

State ex rel. Sunesis Constr. Co. v. Indus. Comm.

2015 Ohio 3973 · Ohio Court of Appeals · Sep 29, 2015

The testimony in the record clearly corroborates the reference to Type C soil as soft, wet, non-homogenous, saturated soil that presented an increased risk of cave-in. … This conclusion by the magistrate is entirely based on the failure to establish the degree of slope of the exposed end of the trench.