Case law

State v. Hughes

2014 Ohio 1320 · Ohio Court of Appeals · Mar 31, 2014

As such, the language in R.C. 2953.08(G)(2) establishes an "extremely deferential standard of review" for "the restriction is on the appellate court, not the trial judge." … The record clearly shows that appellant was released from the custody of Franklin County on a bond on January 4, 2013.

In re Estate of Hersch

2014 Ohio 612 · Ohio Court of Appeals · Feb 21, 2014

Indeed, counsel for Hadassah conceded at the January 28 hearing that he did not recall even seeing the agreement, despite his signature being clearly marked on the entry. … III. {¶20} Because Hadassah has not established that it is entitled to relief from judgment under Civ.R. 60(B), we find no abuse of discretion in denying the motion to vacate and we affirm the judgment below.

JP Morgan Chase Bank v. Stevens

2017 Ohio 7165 · Ohio Court of Appeals · Aug 10, 2017

Thus, the magistrate concluded that the assignment of the note and mortgage attached to Chase’s complaint “clearly indicates that the mortgage is being assigned to Chase ‘together with the promissory note secured thereby … In so doing, the court determined that the proffered experts were not qualified as experts under Evid.R. 702-705.

State v. Hawk

2013 Ohio 5794 · Ohio Court of Appeals · Dec 31, 2013

The state contends the evidence establishes that Brenda made the statement immediately after she ran inside the house. … Our review of the transcript does not lead us to conclude that the jury was clearly wrong to do so.

In Re Appropriation

115 Ohio App. 426 · Ohio Court of Appeals · Dec 27, 1961

The bill of exceptions discloses that, in addition to Parker, who qualified as an expert as well as the owner of the property, two well-qualified real estate appraisers gave testimony as to the highest and best use of all … is liable to a landowner who has built a structure on the land before a grade has been established, and who suffers injury because thereafter an unreasonable grade has been established.

Erie Insurance Exchange v. Colony Development Corp.

136 Ohio App. 3d 406 · Ohio Court of Appeals · Dec 23, 1999

errs when it holds, on the face of a complaint and without any examination whatsoever of any evidence, that no insured ‘occurrence’ took place, particularly where the events at issue include events that do unquestionably qualify … Co. (1984), 9 Ohio St.3d 177 , 9 OBR 463, 459 N.E.2d 555 , syllabus, the court considered an insurer’s duty to defend where the complaint does not clearly bring the matter within the coverage of the policy.

State v. Perdue

2017 Ohio 8762 · Ohio Court of Appeals · Dec 1, 2017

. {¶ 25} “ ‘The smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search.’ ” State v. Chase, 2d Dist. … As previously discussed, the smell of marijuana is, by itself, sufficient to establish probable cause to conduct a warrantless search when it is detected by a person qualified to recognize the odor.

Brown v. Burnett

144 N.E.3d 475 · Ohio Court of Appeals · Jan 31, 2020

“Fraudulent conduct may not be established by conjecture; it must be proved by direct evidence or justifiable inferences from established facts.” Doyle v. … The key is reliability, and even if experts are highly qualified, “their experience, by itself, does not establish the legal reliability of their opinions as applied to the facts of [a] case.” Valentine v.

State v. Matthews

2013 Ohio 2183 · Ohio Court of Appeals · May 16, 2013

Jarrell qualify as “public servants” as defined in R.C. 2921.05(B), neither corrections officer was involved in a civil or criminal action for which he could be the victim of retaliation. … The placement of the comma before “or an attorney or witness” in the context of this sentence clearly establishes the third category of potential victims of retaliation encompasses attorneys or witnesses who were involved

Smith v. Ameriflora 1992, Inc.

96 Ohio App. 3d 179 · Ohio Court of Appeals · Jul 19, 1994

Clearly, the conclusions reached by the trial court are permissible conclusions from the evidence only if the evidence is weighed by the trier of fact. … The majority relies upon the self-serving affidavit of Smoot which, at most, creates only an issue of fact, not establishes the fact. 8 . This also is contradicted by Smoot’s self-serving affidavit.

Hauschild v. City of Cleveland

105 Ohio App. 444 · Ohio Court of Appeals · Jan 17, 1958

After such examination has been held and an eligible list established, the commission shall forthwith certify to the appointing officer the name of the person receiving the highest rating. … It is a fundamental proposition of law that a court will not substitute its own judgment for that of an administrative agency or board unless it is clearly shown that the board was guilty of an abuse of discretion.

State v. Bliss

2014 Ohio 4357 · Ohio Court of Appeals · Sep 30, 2014

Thomas believed that the needleless acupuncture device used by appellant on Brooks' earlobe qualified as reimbursable EMS. … The testimony establishes that appellant performed the piriformis stretch on Brooks for a matter of seconds.

State v. Brown

2024 Ohio 2372 · Ohio Court of Appeals · Jun 18, 2024

but not to the extent of such certainty as is required ‘beyond a reasonable doubt’ in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (1954), paragraph 3 of the syllabus. {¶14} A sentence is not clearly and convincingly contrary to law where the trial court ‘considers the principles and purposes of R.

State v. Johnson

2014 Ohio 3722 · Ohio Court of Appeals · Aug 28, 2014

The court determined that a sentence of 18 months was within the statutory range and is not clearly and convincingly contrary to law. … The defendant failed to establish the existence of manifest injustice.

State v. Carter

2019 Ohio 3443 · Ohio Court of Appeals · Aug 26, 2019

and convincingly contrary to law’” only when the appellate court clearly and convincingly finds that the record does not support the sentence.” … If the trier of fact finds beyond a reasonable doubt that a substantial risk of serious physical harm to persons or property actually resulted from the defendant’s conduct, then the enhancement is established.”

Riehl v. City of Rossford, Wd-06-050 (7-27-2007)

2007 Ohio 3824 · Ohio Court of Appeals · Jul 27, 2007

"The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.'" … Although there are exceptions to this general grant of immunity from tort claims, none of those exceptions apply in this case. See R.C. 2744.02 (B).

Jacobs v. Holston

70 Ohio App. 2d 55 · Ohio Court of Appeals · Aug 8, 1980

After the establishment of the fiduciary relationship, the attorney has the burden to establish fairness and reasonableness. … While plaintiff filed an affidavit in support of his motion for summary judgment, he did not establish reasonableness as to hours; and, the conclusory terms in the affidavit on this issue do not qualify as a Civ.

Preston v. All Vinyl Fences Decks, Inc., 2008-T-0015 (12-31-2008)

2008 Ohio 6997 · Ohio Court of Appeals · Dec 31, 2008

R. 702, the qualifications of an individual to testify as an expert witness must first be established under Evid. R. 104(A). Vinci v. Ceraolo (1992), 79 Ohio App.3d 640 , 645-46 . (Citation omitted.) … In addressing this issue, the trial court clearly *Page 9 noted that since a Daubert hearing was not conducted, its decision was based solely on Randall's deposition.

Kraft v. Kraft

2014 Ohio 4852 · Ohio Court of Appeals · Oct 31, 2014

However, the trial court clearly utilized Michael’s revenue stream when it calculated his average income. … Teresa asserts that the evidence established that Stroh was not qualified to provide an appraisal value. Further, Teresa argues that the report of her appraiser, Rick L.

O'Malley v. O'Malley

2013 Ohio 5238 · Ohio Court of Appeals · Nov 27, 2013

The court concluded that without testimonial immunity, therapy would be impossible. … Kohl’s competency to render expert opinion regarding the children was established on the record. Dr.