Case law

In re Brothers Publishing Co., L.L.C.

2015 Ohio 454 · Ohio Court of Appeals · Feb 6, 2015

It indicates clearly to the jury [or other fact finder] that the party having the burden of proof will be entitled to their verdict, if, on weighing the evidence in their minds, they shall find the greater amount of credible … evidence sustains the issue which is to be established before them.

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

State v. Green

2026 Ohio 1835 · Ohio Court of Appeals · May 19, 2026

An appellate court may modify or vacate a sentence if it clearly and convincingly finds that the sentence is contrary to law. Id. … The Reagan Tokes Law (“RTL”) {¶15} RTL established an indefinite sentencing scheme for certain first and second-degree felonies and requires specific advisements when such sentences are imposed.

State v. Ndao

99 N.E.3d 1127 · Ohio Court of Appeals · Nov 3, 2017

Finally, we find no abuse of discretion with regard to the trial court’s decision to permit the opinion testimony provided by two witnesses who were not qualified as experts. … The court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its

State v. Johnson

2019 Ohio 3877 · Ohio Court of Appeals · Sep 25, 2019

However, Johnson offers no reason to support his claim that Horning was not properly qualified under Evid.R. 702. … “Thus, when one is the driver of a car in which drugs are within easy access of the driver, constructive possession may be established.” State v. Fry, 4th Dist.

Wall-Meiring v. Gibson

210 N.E.3d 566 · Ohio Court of Appeals · Mar 3, 2023

This same standard applies in establishing undue influence with respect to a trust. … Beneficiaries of any trust created under this trust unless waived by the Qualified Beneficiaries.

Boxell v. Planning Commission

10 Ohio App. 2d 25 · Ohio Court of Appeals · Apr 12, 1967

Because of this provision in the ordinance, I cannot concur in the statement made in the majority opinion that “the city council clearly intended that buildings could be built only on lots which were 80 or more feet in width … , and, therefore, there would be a violation of this section of the zoning ordinance,” *43 The section, however, was found not to be applicable, for failure to qualify as frontage between two intersecting streets based upon

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

State v. Hodgkin

2021 Ohio 1353 · Ohio Court of Appeals · Apr 19, 2021

It is well established that the question of the constitutionality of a statute must be raised at the first opportunity and, in a criminal prosecution, this means in the trial court. State v. … It is well established that statutes are presumed constitutional. State v. Lowe, 112 Ohio St.3d 507, 2007-Ohio-606, ¶ 17; State v. Cook, 83 Ohio St.3d 404, 409, 1998-Ohio-291.

State v. Burge

2017 Ohio 7862 · Ohio Court of Appeals · Sep 26, 2017

Detective Slayman was not qualified to testify concerning the record-keeping practices of McCleery's business. … R. 803, as she is not qualified to testify to the record-keeping practices of Spencer’s office.

Squire v. Industrial Commission

46 Ohio Law. Abs. 392 · Ohio Court of Appeals · Jul 1, 1946

And so, in the case now being considered, the evidence introduced by plaintiff clearly establishes that the circumstances under which decedent worked on May 24, 1938 were no different than they had been on all prior occasions … Generally speaking, it is for the jury to say whether or not the facts included in the hypothetical questions have been established by the preponderance of the evidence.

State v. Abdullah

200 N.E.3d 627 · Ohio Court of Appeals · Nov 7, 2022

R.C. 2967.271(B) establishes a rebuttable presumption that the offender shall be released upon the expiration of the minimum prison term or early release date, whichever is earlier. … The Ohio Supreme Court has held that a right to parole consideration does not create a “liberty interest sufficient to establish a right to procedural due process.” State ex rel. Blake v.

Foster v. Cuyahoga County Board of Elections

53 Ohio App. 2d 213 · Ohio Court of Appeals · Aug 25, 1977

The interest of insuring to the electorate that only qualified candidates will be considered would seem to apply equally to insuring that only qualified write-in candidates will be considered. … C. 3513.04 seems clearly applicable to a person who seeks any party nomination at a primary election.

State v. Alqahtani

2026 Ohio 1335 · Ohio Court of Appeals · Apr 13, 2026

“an appellate 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 factfinder ‘clearly … The State established Trooper Costin’s qualifications and the functionality of the speed-measuring device at trial.

Roush v. Roush

2017 Ohio 840 · Ohio Court of Appeals · Mar 9, 2017

However, appellant did not offer any testimony evidence or testimony to establish that the down payment was made from marital assets. … The trial court clearly found appellee's testimony to be credible.

Foss v. Watson, 2006 Ca 00200 (7-30-2007)

2007 Ohio 3861 · Ohio Court of Appeals · Jul 30, 2007

It is well established that the admission of relevant evidence rests within the sound discretion of the trial court. … In short, the record does not clearly show an abuse of discretion by the trial court. Allen and Black , supra.

Meinert Plumbing v. Warner Industries, Inc.

90 N.E.3d 966 · Ohio Court of Appeals · Dec 7, 2017

Warner/STF “desires to contract such Services to a qualified Independent Dealer.” … R.C. 1334.01(B).  {¶57} Appellants do not qualify as sellers, appellees do not qualify as purchasers, and there is no document between them constituting a business opportunity plan.

State v. Andre

2015 Ohio 17 · Ohio Court of Appeals · Jan 8, 2015

Candow’s testimony regarding their initial encounter established that Andre was aware of her presence and location in the parking lot as he was pulling out of his parking space. … Thus, although the state did not formerly offer or qualify Detective Berardi as an expert witness, I would find no plain error because the trial court could have properly concluded that Detective Berardi was qualified

State v. Harris

2024 Ohio 1579 · Ohio Court of Appeals · Apr 25, 2024

The reason why you provide a CV, your curriculum vitae, is because you have to qualify someone. … The remaining evidence adduced by the state established his guilt beyond a reasonable doubt.

State v. Ankrom

2025 Ohio 4488 · Ohio Court of Appeals · Sep 25, 2025

Application to the Present Case {¶31} The record establishes that the residence functioned as a boarding house with multiple tenants. T. at 167, 205-206. … That identity can be established through either direct or circumstantial evidence. Id. at ¶19; State v. Stearns, 2024-Ohio- 714, ¶ 27 (5th Dist.); State v.