Case law

State v. Scarl, Unpublished Decision (6-30-2003)

Ohio Court of Appeals · Jun 30, 2003

Moreover, although former R.C. 2945.44 provided that either the prosecutor or the defendant could ask the court to grant a witness immunity, "[t]he present statute * * * clearly reflects the intent of the General Assembly … To qualify a statement as an excited utterance, a party must first establish these four requirements: "(1) an event startling enough to produce a nervous excitement in the declarant; (2) the statement must have been made

State v. Hewitt

2019 Ohio 5011 · Ohio Court of Appeals · Dec 6, 2019

that pleading, he raised four claims: (1) that he improperly was sentenced to 24 months in prison when there was a plea agreement for an 18-month sentence; (2) that he should not have been prosecuted because he was a “qualified … Termination Entry” sentencing Hewitt to 18 months in prison and allowing 14 days of jail- time credit should have been made effective June 6, 2018, the original sentencing date; (2) whether R.C. 2925.11(B)(2)(b) provided immunity

State v. Coyle

2018 Ohio 3194 · Ohio Court of Appeals · Aug 10, 2018

Coyle’s statement to the effect that his wife would have to remain or “go through him,” furthermore, qualifies as a threat, and irrespective of the duration for which Coyle impeded his wife’s ability to leave the garage … We find, on our independent review of the record, that the jury did not clearly lose its way in finding Coyle guilty of abduction.

Provens v. Ohio Real Estate Commission

45 Ohio App. 2d 45 · Ohio Court of Appeals · Jul 22, 1975

It is important to the democratic process that commissions say what they are doing, and adhere to what they have said unless and until a change is clearly indicated.” … of the Ohio Real Estate Commission by the legislature to enable the commission to establish reasonable rules and regulations to determine what is “sufficient experience” to qualify a candidate for a broker’s examination.

State v. Menefee

2023 Ohio 1142 · Ohio Court of Appeals · Apr 6, 2023

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence or vacate a sentence and remand for resentencing if it “clearly and convincingly” finds that (1) the record does not support … In Delvallie, this court found “that the Reagan Tokes Law, as defined under R.C. 2901.011, is not unconstitutional,” and reaffirmed the principles established in State v.

Couch v. Thomas

26 Ohio App. 3d 55 · Ohio Court of Appeals · Jun 24, 1985

However, if one of two joint tort-feasors has an immunity or a defense shielding him or her from the plaintiff, he or she may not be held liable for contribution. See Moler v. … It avoids the clearly inequitable result which would have otherwise occurred in the case at bar whereby Thomas would have been completely responsible for Couch’s dam-' ages regardless of his actual percentage of fault.

State v. Fyffe

67 Ohio App. 3d 608 · Ohio Court of Appeals · May 10, 1990

It was an abuse of discretion for the trial court to qualify the state’s witness Kurt Grashel as ‘an expert in the housing industry and qualified to testify as to matters pertaining to housing construction.’ “2. … In his first assignment of error, appellant asserts that the trial court abused its discretion by qualifying Kurt Grashel as an expert in the housing industry and qualified to testify as to matters pertaining to housing construction

State v. Barnhart

2021 Ohio 2874 · Ohio Court of Appeals · Aug 23, 2021

An error qualifies as “plain error” only if it is obvious and but for the error, the -4- Case No. 12-20-08 outcome of the proceeding clearly would have been otherwise. … Here, the trial court sentenced Barnhart to an eight-year minimum prison term for his qualifying second-degree felony.

State v. Dumas

2023 Ohio 1499 · Ohio Court of Appeals · May 4, 2023

(Tr. at 31). {¶33} A company or entity may qualify as a “victim” entitled to restitution under R.C. 2929.18. See State v. … However, he contends that the three prongs to establish plain error under Crim. R. 52(B) were met because the trial court allowed Ms.

State ex rel. Campbell v. Dill

6 Ohio Law. Abs. 290 · Ohio Court of Appeals · Nov 23, 1927

Where the intention of the voter is clear and where the mistake is merely in the name, it is undoubted that a court may correct the description and enforce the clearly established and definite intention of the voters. ■ Here … Dill was entitled to hold over until a successor was legally elected and qualified. On June 11, 1927, the Advisory Board was reassembled and went through the form of electing Frank E.

State v. Walker

2021 Ohio 2693 · Ohio Court of Appeals · Aug 2, 2021

Marcum at ¶ 23 {¶11} “Clear and convincing evidence is ‘that measure or degree of proof which * * * ‘will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … The statute [,R.C. 2929.144,] returns an indefinite sentencing scheme to Ohio for certain qualifying offenses.” State v. Dames, 8th Dist. Cuyahoga No. 109090, 2020-Ohio-4991, ¶ 2.

State v. Risden

2013 Ohio 1823 · Ohio Court of Appeals · May 3, 2013

The alleged newly discovered evidence is not credible, and Risden failed to clearly and convincingly prove that he was unavoidably prevented from timely filing a motion for new trial. … He claimed that the letter qualified as newly discovered evidence that entitled him to a new trial under Crim.R. 33. In support of his argument, he attached his own affidavit and 23 exhibits.

State v. Wallace

2020 Ohio 5109 · Ohio Court of Appeals · Oct 30, 2020

The trial court determined that the offense was a qualifying offense under the recently enacted Reagan Tokes Law, making Dylan subject to an indefinite sentence. … R.C. 2953.08(G)(2) establishes the standard of review for a felony sentence.

Vistein v. Keeney

71 Ohio App. 3d 92 · Ohio Court of Appeals · Dec 31, 1990

This aspect of appellants’ argument clearly has merit. Saari’s advice is certainly relevant to the issue of the actual design and construction of the bridge. … However, a review of Saari’s testimony shows that Saari was not qualified to testify as an expert on bridges. Although he was an engineer, it was never established that Saari’s expertise extended to bridges.

Marion Cty. Sheriff's Office v. Fraternal Order of Police, Ohio Labor Council, Inc.

2009 Ohio 6159 · Ohio Court of Appeals · Nov 23, 2009

Contrary to, inconsistent with, changing, altering, limiting, or modifying any practice, policy, rules, or regulations presently or in the future established by the Employer so long as such practice, … Fraternal Order of Police, Ohio Labor Council, Inc., 104 Ohio St.3d 568, 2004-Ohio-7106, 820 N.E.2d 918, ¶¶14-18 (finding that, based on the exact language above, the CBA “clearly and unmistakenably place[d] the question

State v. Monroe

2011 Ohio 3045 · Ohio Court of Appeals · Jun 23, 2011

Evid.R. 702 sets forth the instances in which a witness may be qualified as an expert, including that a person may be qualified as an expert witness if the proponent of such witness can establish that the witness has knowledge … The jury clearly found that defendant had established the mitigating factor of voluntary manslaughter by a preponderance of the evidence since it convicted him of the inferior degree offense.

Walker v. Ford Motor Co.

2014 Ohio 4208 · Ohio Court of Appeals · Sep 25, 2014

It indicates clearly to the jury that the party having the burden of proof will be entitled to their verdict, if, on weighing the evidence in their minds, they shall find the greater amount of credible evidence … sustains the issue which is to be established before them.

State v. Napier

2017 Ohio 246 · Ohio Court of Appeals · Jan 23, 2017

Rather, the case states that evidence of battered woman syndrome is relevant in the context of establishing the second element of self-defense, as discussed below. See State v. … Furthermore, pursuant to R.C. 2929.13(K)(4), a "qualifying assault offense" means a violation of R.C. 2903.13 for which the penalty provision in division (C)(8)(b) or (C)(9)(b) of that section applies.

Ware v. Ware

2014 Ohio 5410 · Ohio Court of Appeals · Dec 4, 2014

Within 60 days, plaintiff's attorney shall prepare and submit to the Court a qualified order to transfer this account to the defendant." Divorce Decree at para. 12. {¶7}. … As noted in our recitation of facts, the divorce decree clearly awards appellee the entire deferred compensation account, "free and clear" of any further claim of appellant.

State v. Williams

2018 Ohio 1647 · Ohio Court of Appeals · Apr 27, 2018

We note that the record unquestionably supports that they are both eminently qualified in their respective fields. … Because we find an absence of prejudice, the failure to object to the designation procedure is not ineffective assistance of counsel under Strickland. {¶ 18} The purpose of Allen’s testimony was to establish Dixon