Case law

State v. Flores

2014 Ohio 5751 · Ohio Court of Appeals · Dec 30, 2014

Moreover, appellant observes that Sup.R. 88(D) establishes certain procedures to assure that a foreign language interpreter is qualified. State v. Noor, 10th Dist. … "Plain error does not exist unless it can be said that but for the error, the outcome would clearly have been otherwise." State v. Jackson, 12th Dist. Butler No. CA2013-10-192, 2014-Ohio-3779, ¶ 26, citing State v.

State v. Austin

52 Ohio App. 2d 59 · Ohio Court of Appeals · Oct 7, 1976

The third assignment of error states that the state failed to establish the corpus delicti. … In this case, the faet of death is not contested and was clearly established. Appellant contends, however, that the prosecution did not establish that the criminal ageney of another was the cause of the death. Dr.

City of Wooster v. Entertainment One, Inc.

158 Ohio App. 3d 161 · Ohio Court of Appeals · Jul 21, 2004

to qualify as a nonconforming use. … Thus, this court concludes that the trial court did not err when it found that Erotica failed to establish a nonconforming use immune from the zoning ordinance.

Ciganik v. York

2013 Ohio 5834 · Ohio Court of Appeals · Dec 31, 2013

was entitled to the defense of qualified privilege and whether York acted with actual malice. {¶14} “[3.] … First Christian Church, 65 Ohio App.3d 368 (4th Dist.1989). {¶27} The record in this case establishes that Mrs.

McGuire v. Newark

2020 Ohio 4226 · Ohio Court of Appeals · Aug 26, 2020

It further contended that Baum, as an employee of a political subdivision, was entitled to immunity under R.C. 2744.03(A)(6). {¶7} McGuire responded to the motion for summary judgment. … Qualified for the Position {¶59} City of Newark argued in its motion for summary judgment there was no genuine issue of material fact that McGuire was not qualified for the position of police officer for the City

Coleman v. Degray, Unpublished Decision (12-7-2000)

Ohio Court of Appeals · Dec 7, 2000

The loans were not for the benefit of all, but only certain citizens who qualify for the loans. R.C. 2744.01 (C)(1)(b). … The City was clearly immune from liability in this case. The trial court should have granted the City's motion for directed verdict. Accordingly, this assignment of error is sustained. II.

Edwards v. Bolden

2012 Ohio 2501 · Ohio Court of Appeals · Jun 7, 2012

Accordingly, he has failed to show that the jury clearly lost its way in finding in Bolden’s favor. {¶37} Appellant’s fourth assignment of error is overruled.  III. … Also, prior convictions for crimes of dishonesty are allowed to be used to attack the credibility of a witness if they qualify under Evid.R. 609, which they did here.

Nunn v. Cornyn, Ca2006-08-098 (11-5-2007)

2007 Ohio 5894 · Ohio Court of Appeals · Nov 5, 2007

Nunn's first assignment of error fails even to address the trial court's conclusion that Horwitz was immune from liability. … He argues that the evidence clearly supported a finding of legal malpractice and resulting damages. We note, however, that Nunn cites no specific evidence to support this claim.

Furman v. State

10 Ohio App. 157 · Ohio Court of Appeals · Dec 20, 1918

For the reason that the body that returned said indictment was not in fact a grand jury and was not selected, appointed or qualified in accordance with any law of ■■this state. The motion was overruled. . … Sanborn, J., in the opinion in this case, at page 341, says: “Every man is presumed to be innocent until his guilt is established.

In Re Wolfe

82 Ohio App. 3d 675 · Ohio Court of Appeals · Sep 30, 1992

wrong and constituted an abuse of, or a clearly unwarranted exercise of, discretion. … In utilizing this standard of review, the court of appeals clearly did not deviate from the standard set forth in Lorain, supra.”

Stack v. Ohio State Dental Board

78 Ohio App. 3d 583 · Ohio Court of Appeals · Feb 28, 1992

The facts as established at the administrative hearing are as follows. Dr. Stack employed Judith Pearson and Rebecca Smith as dental assistants; neither Pearson nor Smith is a licensed dental hygienist. … In this context, the meaning of the term ‘abuse of discretion’ connotes more than an error of judgment; it implies a decision without a reasonable basis, one which is clearly wrong.” Angelkovski v.

State v. Jackson

2023 Ohio 4368 · Ohio Court of Appeals · Dec 4, 2023

Before Anderson would speak with the State, the State sought immunity for Anderson. The trial court granted Anderson immunity on December 1, 2022. … Anderson until last week because he was waiting for the Court to grant him immunity.

In re A.K.

2015 Ohio 29 · Ohio Court of Appeals · Jan 9, 2015

The 2 The federal action was dismissed by the federal district court in July 2012, based on lack of jurisdiction, judicial immunity, and failure to state a claim. See [K.] v. [B.], S.D. … clearly believed something had happened with her father. This could have been the result of an original implant of a false suggestion or a child’s misinterpretation of an event, as suggested by Dr.

Rainey v. Lorain Correctional Facility

121 Ohio App. 3d 428 · Ohio Court of Appeals · Jun 19, 1997

In plaintiffs brief, he notes ‘defendant has established that his loss of income for an eighteen day period to be $7,000 before taxes.’ … The court did so even though it expressly found that plaintiff did not qualify for statutory damages under R.C. 2743.48 and had not produced any evidence of lost wages.

State v. Stigall

2019 Ohio 1263 · Ohio Court of Appeals · Apr 5, 2019

The Court concludes that factors establishing the Defendant’s conduct is more serious outweigh factors establishing Defendant’s conduct is less serious. … And that is the offense is not a qualifying – well, I’ll read the entire thing.

State v. Thornton

51 Ohio App. 3d 97 · Ohio Court of Appeals · Jul 3, 1989

Williams (1978), 55 Ohio St. 2d 82, 85 , 9 O.O. 3d 81, 83, 377 N.E. 2d 1013, 1016 , and at paragraph one of the syllabus, embraced the plain view doctrine and held that: “Hence, in order to qualify under the plain view exception … Clearly, the cocaine pipe was not in plain view and the police officers were not entitled to seize the cocaine pipe and the remaining contraband.

State v. Spivey

2014 Ohio 721 · Ohio Court of Appeals · Feb 21, 2014

Smalldon, concluded in 2004 that Spivey would not qualify for a “mental retardation” diagnosis. Dr. … Spivey’s IQ estimates do not fall within the range that is usually associated with mental retardation, still certain of his responses speak clearly to his cognitive limitations, for example his

State v. Cox, Ca2008-03-028 (3-2-2009)

2009 Ohio 928 · Ohio Court of Appeals · Mar 2, 2009

is first established." … Appellant contends such testimony lacked foundation and that Agent Sorbello was not qualified as an expert.

State ex rel. Daniels v. Hinkson

2025 Ohio 3058 · Ohio Court of Appeals · Aug 27, 2025

But to establish entitlement to a writ of quo warranto, a relator must show that the respondent is unlawfully holding the relator’s office. Nguyen, 2025-Ohio-507, at ¶ 16. … The discretionary removal provision clearly recognizes that it is the council’s act of “declaring vacant” that removes a council member.

State v. Ball

1 Ohio App. 2d 297 · Ohio Court of Appeals · Apr 14, 1964

Both the testimony and the exhibits are clearly relevant, competent evidence of the crime charged. … It is not incumbent upon the prosecution, in the first instance, to establish the legality of an arrest, or to show the reasonableness of a search and seizure.