Case law

Merritt v. Ohio Dept. of Job & Family Servs.

2021 Ohio 4540 · Ohio Court of Appeals · Dec 27, 2021

It also advised Glenn to establish a Qualified Income Trust ("QIT") on Jerome's behalf should Jerome's income level be too high to qualify him to receive benefits. … This amendment clearly supports our analysis of how the code instructs an agency to determine eligibility.

Toman v. Pennsylvania Railroad

39 Ohio Law. Abs. 32 · Ohio Court of Appeals · Apr 26, 1943

This conclusion is clearly in accord with the facts-developed because all of the experts who testified said that the disease could not have been contracted bv reason of the condition of the stock cars in which the hogs were … It is established that ‘the cars in which the hogs were loaded at Winnfield, La., were not disinfected.

Moore v. Rubin, Unpublished Decision (9-17-2004)

2004 Ohio 5013 · Ohio Court of Appeals · Sep 17, 2004

Rubin nor WRCS were protected by the Health Care Qualified Immunity Act ("HCQIA") for their actions which prompted the within lawsuit. Dr. … Code. {¶ 24} In order for the defendants' professional review actions to qualify for immunity, however, these actions must satisfy four requirements.

State v. Hacker

161 N.E.3d 112 · Ohio Court of Appeals · Oct 26, 2020

Under the Reagan Tokes “[L]aw, qualifying first- and second-degree felonies committed on or after March 22, 2019 are now subject to the imposition of indefinite sentences.” State v. Barnes, 2d Dist. … Id. {¶10} Moreover, the Reagan Tokes Law establishes a presumptive-release date at the end of the offender’s minimum prison term imposed. R.C. 2967.271(B).

State v. White

2011 Ohio 4089 · Ohio Court of Appeals · Aug 18, 2011

Analogous to Williams, Count 1 of appellant’s indictment clearly states that the grand jury found that the offense occurred in Cuyahoga County. … Cudo, of the Cleveland Police Department, was qualified as an expert witness in drug trafficking in Cuyahoga County. Based on his training and experience, Det.

State ex rel. Lutheran Hosp. v. Buehrer

2015 Ohio 380 · Ohio Court of Appeals · Feb 3, 2015

Zody, 130 Ohio St.3d 446, 2011-Ohio-6117, ¶ 56 ("Parties seeking extraordinary relief bear a more substantial burden in establishing their entitlement to this relief. … This is clearly a mistake of fact.

State v. Foti, Unpublished Decision (2-21-2003)

Ohio Court of Appeals · Feb 21, 2003

offender refuses to acknowledge problem or accept treatment, denies that he has a substance abuse problem." {¶ 30} Thus, in stating on the record the underlying reasons in support of consecutive sentences, the trial court clearly … Although a juvenile, it is well-established that the constitutional privilege against self-incrimination applies in juvenile cases. 8 Moreover, the trial court followed the proper procedure in granting Jonathan immunity.

State v. Trent

2021 Ohio 3698 · Ohio Court of Appeals · Oct 15, 2021

based on R.C. 2929.13(B)(1)(a)(ii), which provides that: [I]f 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 … -7- {¶ 14} Here, the record establishes that Trent’s aggregate 36-month prison sentence was not contrary to law.

English v. AK Steel Corp.

2016 Ohio 5287 · Ohio Court of Appeals · Aug 8, 2016

. {¶ 12} Regarding English's affidavit, the record clearly indicates, and English does not deny, that his affidavit was unsigned at the time he submitted it in support of his response to AK Steel's motion for summary … While English did indicate that slurs were "hollered out" in the parking lot, he clearly indicated that such was never reported to management, and there is no indication in the record that English suffered a hostile work

Charlesgate Commons Condominium Assn. v. W. Reserve Group

2014 Ohio 4342 · Ohio Court of Appeals · Sep 26, 2014

The trial court found appellee established its burden under Dresher v. … Appellant claims the trial court decided “[p]laintiff’s expert opinion fails to qualify as an expert opinion,” although 5.

Iberis v. Mahoning Valley Sanitary, Unpublished Decision (12-21-2001)

Ohio Court of Appeals · Dec 21, 2001

Appellant clearly was an at-will employee. … Blair claimed a qualified immunity based upon R.C. Chapter 2744. Appellant did not meet his burden in opposing the defendants' summary judgment motion to refute the assertion of immunity.

Olijan v. Lublin

38 Ohio Law. Abs. 393 · Ohio Court of Appeals · Jul 1, 1943

This method of establishing the laws of a foreign country is permissible if the witnesses called are qualified. The testimony which was given to support the qualifications of Mr. Silashki is, to say the least, meager. … When plaintiff’s exhibit 2 (translation being plaintiff’s exhibit 5) is examined, it shows very clearly that in some respects, at least, it is founded upon ‘hearsay.’

State v. Hall

2024 Ohio 835 · Ohio Court of Appeals · Mar 7, 2024

As the Supreme Court of Ohio has recognized, “the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle, pursuant to the automobile … The circumstances established that the Cleveland Metroparks officers were qualified to recognize the odor of marijuana. No additional factors were necessary to corroborate the suspicion of the presence of marijuana.

Fraternal Order of Police, Lodge 39 v. City of East Cleveland

64 Ohio App. 3d 421 · Ohio Court of Appeals · Dec 26, 1989

Rather, the East Cleveland resolution precludes the award of what amounts to a retirement bonus to qualifying municipal employees. In Civil Serv. Personnel Assn. v. … The first part is clearly unconstitutional since only R.C. 124.38 can define what ‘sick leave’ is.

Taylor v. Ross

50 Ohio Law. Abs. 577 · Ohio Court of Appeals · Jan 5, 1948

THE COURT: I don’t think she is qualified to testify to speed. ■ MR. SHARTS: She said she drove, a car herself and frequently rode in a car — that is the only way she can qualify. … When, then, the plaintiff undertook to establish that she had been improperly prevailed upon by an agent of the Insurance Company to make statements, when she was not physically qualified to do so, and under circumstances

State, Ex Rel. Saltsman v. Burton

91 Ohio App. 271 · Ohio Court of Appeals · Oct 16, 1951

The relator claims that it is the duty and responsibility of the board to fill the vacancy, and that he is well qualified for and entitled to the position. … “Mandamus is a writ commanding a public board or official to perform an act which the law specially enjoins as a duty resulting from an office, trust or *276 station, and will issue only when it is clearly shown that there

Dukuzumuremyi v. Martin

2025 Ohio 508 · Ohio Court of Appeals · Feb 18, 2025

Kocsis, 2021-Ohio-2911 (9th Dist.), a case in which the plaintiff established sole ownership of a dog based on an adoption contract that contained necessary information to qualify as a transfer of ownership certificate … At best, [Candice] may have established the items went missing.”

State v. Olderman

44 Ohio App. 2d 130 · Ohio Court of Appeals · May 22, 1975

The record in this case clearly establishes the requirement of a showing of probable cause. Olderman had already been indicted when the prosecution requested the court-ordered voice exemplar. … It is, nevertheless, this court’s conclusion that voice exemplars are, when properly qualified, admissible.

City of Toledo v. State

123 N.E.3d 343 · Ohio Court of Appeals · Nov 9, 2018

“[B]efore a statute is struck down ‘it must appear beyond a reasonable doubt that the legislation and constitutional provisions are clearly incompatible.’” Id., quoting State ex rel. Dickman v. … agency liability in actions against a hospital, recall notification with qualified immunity for athletic coaches, actions by a roller skater with supporting affidavits in a medical claim, and so on.” Id. at 499.

Buckeye Relief, L.L.C. v. Ohio Pharmacy Bd.

160 N.E.3d 767 · Ohio Court of Appeals · Oct 15, 2020

There clearly is evidence that the evaluators did not fully understand the nature of Buckeye Relief’s pledged capital. … The failure to correct a clearly erroneous score under the board’s own criteria equates to a legal error on the board’s behalf.