Case law

Doe v. Cuddy

21 Ohio App. 3d 270 · Ohio Court of Appeals · Jan 16, 1985

Code 5101:1-5-04, 1 was in contravention of the Ohio statute that established basic eligibility standards for general relief, R.C. 5113.01. … Persons residing in Ohio Department of Mental Health and Mental Retardation licensed or supervised homes do not qualify for General Relief.” 2 We specifically reject the contention that, upon remand, the Legal Aid Society

City of Cincinnati v. M & M Metals, Inc.

32 Ohio App. 2d 147 · Ohio Court of Appeals · Feb 28, 1972

There is no question that the defendant qualifies as a processor. … The record does demonstrate that the defendant failed to employ the procedure clearly requii'ed to establish a weight discharge limit exception for a processor under section 2501-1.1.

Sergi v. State

17 Ohio Law. Abs. 190 · Ohio Court of Appeals · Apr 6, 1934

It is not believed that this testimony was competent, for the reason that the parties, do not qualify sufficiently as expert witnesses with reference to gasoline fires. … Any jury of ordinary intelligence would not understand that they were finding these parties guilty of two crimes, because it is clearly disclosed that through the trial it was observed that they were being tried for arson

State ex rel. Bennett v. Dayton Pub. Schools Bd. of Edn.

177 N.E.3d 648 · Ohio Court of Appeals · Sep 10, 2021

Conversely, the list of essential duties for Associate Director is nearly two pages long and clearly illustrates a position with an expanded role with more responsibilities. … The appellants further contend that they presented evidence establishing a genuine issue of material fact as to whether they were qualified for the new positions.

Kaminski v. Metal & Wire Products Co.

175 Ohio App. 3d 227 · Ohio Court of Appeals · Mar 18, 2008

It reasoned that “[bjecause R.C. 2745.01 imposes excessive standards (deliberate and intentional act), with a heightened burden of proof (clear and convincing evidence), it is *233 clearly not ‘a law that furthers the “ * … Notwithstanding, the General Assembly has enacted R.C. 2745.01, and, again, seeks to cloak employers with immunity.

Neville v. City of Wyoming, Unpublished Decision (9-20-2002)

Ohio Court of Appeals · Sep 20, 2002

We turn now to the Nevilles' other claims, beginning with qualified nuisance. … . 14 Thus, the Nevilles' claim for qualified nuisance is substantially the same as their negligence claim.

In re J.S.

2022 Ohio 4539 · Ohio Court of Appeals · Dec 16, 2022

“Clear and convincing evidence is sufficient evidence to ‘produce in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established.’ ” In re X.M.W. … challenge to the weight of the evidence, ‘we weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether in resolving conflicts in the evidence, the [juvenile] court clearly

State v. Adeshina

2023 Ohio 3654 · Ohio Court of Appeals · Oct 6, 2023

It is well established that: “A plea of guilty is a complete admission of guilt. … Chapter 2907, it does not qualify as a felony sex offense as defined in R.C. 2967.28.

State v. Baker

2021 Ohio 4544 · Ohio Court of Appeals · Dec 27, 2021

Appellant was classified as a violent offender under R.C. 2903.41(A)(1), as he was convicted of a violent offender qualifying offense after the effective date of Sierah's Law. … Accordingly, the trial court was required to provide the advisements set forth in R.C. 2903.42(A)(1)(a) — the presumption established under this division, the offender's right to file a motion to rebut the presumption,

Wheeling-Pittsburgh Steel Corp. v. Indus. Comm., 06ap-175 (6-5-2007)

2007 Ohio 2728 · Ohio Court of Appeals · Jun 5, 2007

Clearly, the only DHO's order over which the SHO had appellate jurisdiction at the November 22, 2005 hearing was the DHO's order of July 19, 2005. … initially for benefits and continues to be qualified.

In re A.W.

195 Ohio App. 3d 379 · Ohio Court of Appeals · Sep 7, 2011

In examining the language of the statute, the legislature did not qualify the word “sibling” in any manner. … Accordingly, CSB has not clearly and convincingly established the statutory requirements of R.C. 2151.04(D)(1).

State v. Moore

2022 Ohio 409 · Ohio Court of Appeals · Feb 11, 2022

Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the … If the movant establishes that the victim was compensated by any other source, the amount of the restitution should be reduced. State v. Becraft, 2d Dist.

State v. Dibble

2014 Ohio 5754 · Ohio Court of Appeals · Dec 30, 2014

Indeed, the trial court expressly stated that "[t]he affidavit does not contain any information that establishes there is a substantial basis to conclude that evidence of gross sexual imposition or evidence of correspondence … First, the place to be searched is clearly identified as appellant's home address, which was known to the officers.

In re Z.T.

2021 Ohio 2023 · Ohio Court of Appeals · Jun 16, 2021

Z.T.’s development would be assessed by Help Me Grow, and the child would be seen by a pediatrician to ensure up to date immunizations and proper health; 2. … manifest weight of the evidence, this Court “weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the [finder of fact] clearly

Prohazka v. State Univ. Bd. of Trustees, Unpublished Decision (12-16-1999)

Ohio Court of Appeals · Dec 16, 1999

The doctrine of qualified immunity shields public officials performing discretionary functions from liability for civil damages under section 1983 where their conduct did not violate clearly established federal rights of … , such a section 1983 claim must allege facts sufficient to overcome the defense of qualified immunity.

Cleveland v. Newell

2024 Ohio 2064 · Ohio Court of Appeals · May 30, 2024

Lash was an expert witness, the city established that Dr. … required to qualify her as an expert. Dr. Lash’s testimony established that she graduated from veterinarian school in 2005 and has been licensed to practice in Ohio since her graduation. Dr.

State v. Bowling

2014 Ohio 1690 · Ohio Court of Appeals · Apr 21, 2014

is first established." … Essentially, appellant asserts that although Sergeant Hackney was qualified to provide a general opinion about the products commonly used to make methamphetamine, he was not qualified to provide an opinion about whether

State v. Craig

2022 Ohio 2200 · Ohio Court of Appeals · Jun 27, 2022

“An erroneous jury instruction does not constitute plain error unless, but for the error, the outcome of the trial clearly would have been otherwise.” State v. … by the testimony of either the custodian of the record or some other qualified person.

Fischer v. City of Cleveland

42 Ohio App. 75 · Ohio Court of Appeals · Jun 8, 1931

Brataard, are guaranties that this boxing exhibition will be conducted in accordance with law, behind which this court will not inquire, in the absence of evidence overcoming the aforesaid presumption, and clearly establishing … No principle of the law of injunctions is more clearly established than that private persons seeking the aid of equity to restrain a public nuisance, must show some special injury peculiar to themselves, aside from and independent

Yeager v. Riverside Methodist Hospital

24 Ohio App. 3d 54 · Ohio Court of Appeals · Mar 21, 1985

“A specialist is a physician who holds himself out as specially trained, skilled and qualified in a particular branch of medicine. … However, a charge to the jury must be viewed in its totality, and if the law is clearly and fairly expressed, no reversal will be predicated upon error in a portion of the charge. Wagenheim v.