Case law

State v. McCrone

2019 Ohio 337 · Ohio Court of Appeals · Feb 4, 2019

"Plain error does not exist unless it can be said that but for the error, the outcome of the trial would clearly have been otherwise." State v. Biros, 78 Ohio St.3d 426, 436 (1997). … CA2011-03-027, 2012-Ohio- 4342, ¶ 84. {¶ 29} McCrone cannot establish plain error because he cannot demonstrate an obvious legal error.

Hicks v. Clermont Cty. Republican Cent. Commt.

250 N.E.3d 708 · Ohio Court of Appeals · Aug 12, 2024

The trial court clearly did that in this case. … The judge clearly did that when ruling on Hicks' motion for a preliminary injunction in this case.

State v. Gates

2019 Ohio 4783 · Ohio Court of Appeals · Nov 21, 2019

R.C. 2929.13(B)(1)(b)(i) clearly “appl[ies].” Indeed, the record is replete with evidence upon which to base this conclusion. … See Torres, 2017-Ohio-938, ¶ 13 (R.C. 2929.13(B)(1)(b)(i) applicability is established by defendant pleading guilty to carrying concealed weapons).

Elsass v. Crockett, Unpublished Decision (5-4-2005)

2005 Ohio 2142 · Ohio Court of Appeals · May 4, 2005

The police department guidelines clearly qualify the requirements regarding emergency call responses by stating that "[n]othing in this procedure should be construed so as to restrict or prevent any officer from safely fulfilling … Negligence on the part of either Crockett or the City of Akron will suffice to establish fault.

State v. Clem

2020 Ohio 690 · Ohio Court of Appeals · Feb 28, 2020

Second, Clem insists that the record does not clearly and convincingly support the imposition of a prison sentence. {¶ 7} The established standard of review for felony sentences is codified in R.C. 2953.08(G)(2) … Clark No. 2018-CA-81, 2019-Ohio-651, ¶ 15. {¶ 8} R.C. 2929.13(B)(1)(a) mandates the imposition of community control sanctions for a low-level felony that is either a nonviolent offense or a qualifying assault offense

Morris v. Investment Life Ins. Co. of America

18 Ohio App. 2d 211 · Ohio Court of Appeals · Jun 3, 1969

The situation is admittedly subject to other interpretations — but to establish fraud as a ground for rescission, it must be established by clear and convincing evidence. Cross v. Ledford (1954), 161 Ohio St. 469 . … This is clearly the creation of a trust relationship. The settlor was ALIA (or perhaps it may be1 said the policyholders of ALIA acting through their then duly authorized 1 agents). The trust res is clearly specified.

Columbus Division of Income Tax v. Boles

78 Ohio App. 3d 617 · Ohio Court of Appeals · Mar 10, 1992

While Berma is not entirely on point, it undoubtedly establishes that the language of the taxing ordinance itself should control our analysis here and that the relatively passive activity of receiving rent can qualify as … There is no evidence in this case to establish that the city collected such income from anyone.

State v. Harris

107 N.E.3d 658 · Ohio Court of Appeals · Feb 15, 2018

The warrant specifically stated that police would search for “items that might have” “biological and/or forensic material” “and any and other evidence tending to establish” “[r]ape.” … Clearly, the seized towel falls under the purview of the search warrant as it was an item that could contain biological and/or forensic material or could be other evidence tending to establish the crime of rape.

Campbell v. Burton, Unpublished Decision (8-27-1999)

Ohio Court of Appeals · Aug 27, 1999

The court of appeals also found that the defendants had failed to establish their claim that they were entitled to good faith immunity. … According to the Campbells, these statutory duties to defend and indemnify qualify as express impositions of liability under R.C. 2744.02 (B)(5). Clearly, this is not the case.

Emery v. So-Soft of Ohio, Inc.

94 Ohio Law. Abs. 357 · Ohio Court of Appeals · Jun 4, 1964

Silberberg, supra, established a test to determine whether an interest purchased was a security or an interest in realty by stating in paragraph one of the syllabus: “1. … It is perhaps superfluous to add that tbe evidence before this court does not establish that plaintiffs paid any considerations for the alleged security.

State v. Smith

2024 Ohio 886 · Ohio Court of Appeals · Mar 11, 2024

Yet, establishing that the “[t]estimony given at a preliminary hearing * * * exhibit indicia of reliability” remains a stand-alone requirement. … The physical harm Smith caused Frye qualifies as “serious physical harm” to another.

State v. Ross

36 Ohio App. 2d 185 · Ohio Court of Appeals · Mar 20, 1973

It will be noted that Judge Reda clearly limited the application of this philosophy to issues of substantive law. … The record clearly indicates that he was fully conversant with the motions and the issues raised thereby.

Metropolitan Life Insurance Co. v. Tomchik

134 Ohio App. 3d 765 · Ohio Court of Appeals · Sep 20, 1999

In addition, contrary to appellant’s contention, MetLife claims that the burden of establishing Lurwig as an expert remained with itself, and that this burden was met by its counsel through questioning designed to qualify … The burden was clearly on MetLife to qualify Lurwig as an expert, which burden was sufficiently met. *777 Once qualified, an expert witness may give an opinion only as to matters within his or her expertise. State v.

State v. Becton

2023 Ohio 4841 · Ohio Court of Appeals · Dec 29, 2023

ASSIGNMENT OF ERROR I THE TRIAL COURT ERRED WHEN IT OVERRULED A TIMELY DEFENSE MOTION FOR ACQUITTAL PURSUANT TO [CRIM.R. 29] AS THERE WAS NOT SUFFICIENT EVIDENCE PRESENTED BY THE STATE OF OHIO TO ESTABLISH … 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

State v. Fazenbaker

2019 Ohio 3972 · Ohio Court of Appeals · Sep 30, 2019

In analyzing the motion, the trial court noted that “[the trailer] was in a storage facility and was clearly not being used by the owners as a residence or habitation at that time.” … DISSENTING. {¶22} Because I would conclude that the State introduced sufficient evidence to establish that the trailer in this case was an “unoccupied structure,” and reasonable minds could differ as to whether

Music Centers v. City of Cuyahoga Falls, Unpublished Decision (7-14-2004)

2004 Ohio 3703 · Ohio Court of Appeals · Jul 14, 2004

This broad bestowal of immunity is not absolute, but is qualified by the five exceptions provided by R.C. 2744.02 (B). … R.C. 2744.01 (G)(2)(c), in contrast, defines the "establishment, maintenance, and operation of a utility" as a proprietary function.

Barnosky v. Barnosky

2022 Ohio 2928 · Ohio Court of Appeals · Aug 22, 2022

evidence sustains the issue which is to be established before them. … Secondly, John, Jr. did not establish that he was “qualified to express an expert opinion of the property.” Appellant’s Brief at 16-17.

State v. Oliver

2021 Ohio 1002 · Ohio Court of Appeals · Mar 29, 2021

Under R.C. 2929.144(B)(1), the maximum prison term for a qualifying felony of the second degree shall be equal to the “minimum term imposed * * * plus fifty per cent of that term.” … Therefore not only was the sentence in this case presumptively valid, the trial court also indicated that it considered the appropriate statutes, which establishes that the prison terms are not clearly and convincingly

In re Special Needs Trust of Moskowitz

2013 Ohio 1282 · Ohio Court of Appeals · Mar 29, 2013

Kelly’s new brief and granted her motion for the establishment of the special needs trust. … Clearly, if appellant used her guardianship funds to pay the tax debts, there would be no equitable reason to reimburse her.

Miller v. Johnson

68 Ohio Law. Abs. 513 · Ohio Court of Appeals · Apr 2, 1953

Abbott attended the plaintiff, qualified as an expert and testified in chief that it was his opinion the cerebral thrombosis was caused by the head injury received in the accident. … The defendant offered evidence tending to establish the fact that the plaintiff pursued his regular course of business of traveling by means of automobile from the time of the accident up to the following July 2nd.