Case law

Bolling v. N. Olmsted City Schools Bd. of Edn., 90669 (10-16-2008)

2008 Ohio 5347 · Ohio Court of Appeals · Oct 16, 2008

may be asserted to establish nonliability: {¶ 27} "* * * {¶ 28} "(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was … Having reviewed the entire record, we conclude that the evidence does not establish that Vlasak acted with malicious purpose, bad faith, or wantonly.

State v. Thomas

2014 Ohio 2920 · Ohio Court of Appeals · Jun 30, 2014

In order to succeed on a plain error claim, the appellant must demonstrate that but for the errors he alleges, the outcome of the trial would clearly have been different. State v. … Thus, even when juror misconduct has, in fact, occurred, a complaining party must establish prejudice. State v. Adams, 103 Ohio St.3d 508, 2004-Ohio- 5845, ¶ 42, citing Smith v. Phillips, 455 U.S. 209, 217 (1982).

State v. Scott, 88084 (5-3-2007)

2007 Ohio 2111 · Ohio Court of Appeals · May 3, 2007

Consequently, the forcible element of rape was properly established." … not demonstrate enough expertise to qualify as an expert.

State v. Alghamdi

2018 Ohio 3158 · Ohio Court of Appeals · Aug 8, 2018

“‘Privilege’ means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.” … Alghamdi argues that the State did not present sufficient evidence to establish that he knowingly restrained M.A.’s liberty. In particular, Mr.

Columbus & Southern Ohio Electric Co. v. Porterfield

41 Ohio App. 2d 191 · Ohio Court of Appeals · Oct 8, 1974

The concept clearly applies to the municipality and can have apphcability also where a public utility is owned and operated by a municipality. … Clearly, the Ohio sales tax is a tax on a consumer of goods.

State v. Roberts

101 N.E.3d 1067 · Ohio Court of Appeals · Dec 14, 2017

The state and Roberts believe that amount should have been $1,028.60 as established at the original sentencing hearing. … The statute is written in the negative; that is, an appellate court does not need to clearly and convincingly find that the record supports the findings in order to affirm, but instead must clearly and convincingly find that

State v. Hunt

2013 Ohio 5326 · Ohio Court of Appeals · Dec 5, 2013

The first of such alleged errors is the trial court's qualifying Devonie Murphy, forensic scientist in the DNA section of BCI, as an expert witness. {¶ 57} Under Evid.R. 702(B), an expert may be qualified by reason … The extent and scope of cross- examination clearly falls within the ambit of trial strategy, and debatable trial tactics do not establish ineffective assistance of counsel. State v.

Fischbach v. Mercuri

184 Ohio App. 3d 105 · Ohio Court of Appeals · Sep 11, 2009

These amounts were then to be used to establish an annuity for the ex-wife. Id. at ¶ 18. … of the life insurance policy if they established their entitlement under the divorce decree.

Musil v. Gerken Materials, Inc.

2020 Ohio 3548 · Ohio Court of Appeals · Jun 30, 2020

Moreover, appellant’s own testimony established that he was still unable to return to work even by October 22, 2018. … Clearly, appellant’s request for an accommodation was not participation in an investigation, proceeding, or hearing.

Ohio Edison Co. v. Wilkes

2012 Ohio 2718 · Ohio Court of Appeals · Jun 13, 2012

Plus, as Ohio Edison points out, the Howard Court specifically limited its holding to the immunity statute. … A qualified nuisance is the negligent maintenance of a condition that creates an unreasonable risk of harm. State ex rel. R.T.G., Inc. v.

Horsley v. Burton

2010 Ohio 6315 · Ohio Court of Appeals · Dec 10, 2010

“To establish a prima facie case * * *, [Horsley] must show that 1) [he] is a member of the protected class; 2) [he] was subject to an adverse employment action; 3) [he] is qualified for the position; and 4) [he] was replaced … Computer Technology, 168 Ohio App.3d 362, 2006-Ohio-4032, at ¶34-35 (internal citations to R.C. 4113.52 omitted). {¶81} “Clearly, the provisions of R.C. 4113.52(A)(1) contemplate that the employer shall be given

Spafford v. Cuyahoga Comm. Coll., Unpublished Decision (4-7-2005)

2005 Ohio 1672 · Ohio Court of Appeals · Apr 7, 2005

In order to be "qualified" to take for the exam, 18 months of work experience in the field was required. … However, Perry testified that Martin made no disparaging comments about Spafford during their conversation. 6 {¶ 49} Assuming arguendo that Martin and Lucas were not immune under R.C. 2744.03 (A)(6), to establish the tort

Howell v. Consol. Rail Corp.

94 N.E.3d 1127 · Ohio Court of Appeals · Jul 20, 2017

case on the grounds that the doctor did not qualify as a competent medical authority as defined by the Ohio Act. … Once cause in fact is established, a plaintiff then must establish proximate cause in order to hold a defendant liable.”

Ritz v. Brown

61 Ohio App. 3d 65 · Ohio Court of Appeals · Feb 15, 1989

However, we believe that the instant case presents a unique situation that does not constitute a tolling of R.C. 2125.-02(D) within the meaning of the established case law. … Clearly, there is nothing in Civ.R. 1 or Civ.R. 6(A) purporting to except operation of the Rules of Civil Procedure from actions brought pursuant to R.C. 2125.02.

Hetzer-Young v. Precision Airmotive Corp.

184 Ohio App. 3d 516 · Ohio Court of Appeals · Oct 8, 2009

A review of the logbook itself reflects that the dates of the entries are consistent with the work performed. {¶ 42} As to the fourth element, appellants presented a qualified witness to establish a proper foundation for … Further, Beegle, who is familiar with the engine logbook, is a “qualified witness” who can provide a sufficient foundation upon which to establish the trustworthiness of the subject entry. {¶ 47} Unison claims that because

State v. Ayers

2026 Ohio 1040 · Ohio Court of Appeals · Mar 26, 2026

Irons’s medical records established that a bullet hit his left subclavian artery, his liver, and his left hand. … Here, Ayers was found guilty of multiple qualifying felonies and the trial court imposed consecutive sentences.

State v. Billings

2024 Ohio 6000 · Ohio Court of Appeals · Dec 23, 2024

After a plea colloquy, during which the trial court established Billings was knowingly, voluntarily, and intelligently waiving his constitutional and non- constitutional rights, the trial court accepted the plea. … He contends, however, that the 24- to 27-year sentence was clearly and convincingly unsupported by the record.

Campbell v. Johnson

87 Ohio App. 3d 543 · Ohio Court of Appeals · May 5, 1993

Therefore, unless this intent can be clearly established by (1) the deed taken as a whole, or (2) the circumstances of the case, we must apply the general rule and construe the conveyance against the grantor. … Furthermore, in answering Campbell’s questions, the surveyor quite clearly stated that he was not qualified to, and could not, determine the ultimate issue in this case, ie., the actual legal status of the driveway.

State v. McQuin

2026 Ohio 894 · Ohio Court of Appeals · Mar 17, 2026

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 … (b) The court has discretion to impose a prison term upon an offender who 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 assault

State ex rel. Fair Hous. Opportunities of Northwest Ohio v. Ohio Fair Plan

2022 Ohio 385 · Ohio Court of Appeals · Feb 10, 2022

We disagree, and instead find the magistrate's conclusion that OFP qualifies as a "public office" as defined by R.C. 149.011(A) is amply supported for three reasons. … As the magistrate noted, R.C. 3929.48 grants limited immunity to OFP and its agents and employees, and specifically excludes certain records of OFP from being public documents.