Case law

Hills & Dales, Inc. v. City of Wooster

4 Ohio App. 3d 240 · Ohio Court of Appeals · Aug 4, 1982

Cleveland (1913), 88 Ohio St. 338 , at 344: “* * * it is sufficient to say here that the powers referred to are clearly such as-involve the exercise of the functions of government, and they are local in the sense that they … Moreover, the private executive session is a well-known and accepted concept in established parliamentary practice.

State v. Taylor

2015 Ohio 3252 · Ohio Court of Appeals · Aug 13, 2015

We disagree. {¶ 21} The smell of marijuana from a car, by a person qualified to recognize the smell, is sufficient to establish probable cause to search the car. State v. … No. 09CA3127, 3 Appellant does not dispute that the officers were qualified to recognize that smell.

Dunn v. Ohio Dept. of Rehab. & Corr.

2021 Ohio 3717 · Ohio Court of Appeals · Oct 19, 2021

No. 07AP-861, 2008-Ohio-2299, ¶ 12 ("It is well-established that the Court of Claims lacks subject-matter jurisdiction over * * * claims arising under Section 1983, Title 42, U.S. Code."). … Nothing but "extreme" deprivations qualify. Id. {¶ 10} To satisfy the subjective element, the inmate must show deliberate indifference to inmate's health or safety. Farmer at 834.

Drum v. Washlock, Unpublished Decision (8-24-2000)

Ohio Court of Appeals · Aug 24, 2000

Cleve established that orders denying motions for summary judgment are not final orders. Celebrezze v. Netzley (1990), 51 Ohio St.3d 89 , 90 ; State ex rel. Overmeyer v. Walinski (1966), 8 Ohio St.2d 23 . … Neither Mayfield nor Marlane Renner has shown that an order denying immunity otherwise qualifies as a final order under R.C. 2505.02 . Haynes v. City of Franklin (Oct. 18, 1999), Warren App. No.

Altier v. Valentic, Unpublished Decision (10-22-2004)

2004 Ohio 5641 · Ohio Court of Appeals · Oct 22, 2004

Thus, in regards to Valentic's communications with Childs, we find that Altier could not clearly and convincingly establish that Valentic's communications rose to the level of tortious interference and, therefore, summary … Thus, we find that Altier could not clearly and convincingly establish that Valentic acted with malice in making the statement to Rubenstein and, therefore, summary judgment was appropriate.

In re M.H.

2021 Ohio 1041 · Ohio Court of Appeals · Mar 31, 2021

cannot properly be established through a pretrial motion. … Id. at 3Phillips involved an appeal of the denial of qualified immunity in an action brought under 42 U.S.C. 1983. 7  OHIO FIRST DISTRICT COURT OF APPEALS

In re Naturalization of Vura

5 Ohio App. 334 · Ohio Court of Appeals · Oct 20, 1913

On the admitting government it devolves serious duties of protection and immunity. … Until within relatively recent times, naturalization in Great Britain could be accorded only by letters-patent under the great seal, or by act of parliament, and even then it conferred only qualified privileges, the right

Bullet Trucking, Inc. v. Glen Falls Insurance

84 Ohio App. 3d 327 · Ohio Court of Appeals · Dec 16, 1992

We quoted a treatise that states that “an insurer clearly may be estopped from relying on a provision of its policy requiring an action therein to be commenced within 12 months after inception of the loss when the insurer … That is not to say, however, that such claims are entirely immune from limitation.

Meyer v. Chagrin Falls Exempted Village School District Board of Education

9 Ohio App. 3d 320 · Ohio Court of Appeals · Mar 17, 1983

The federal Supreme Court defined such a property interest in employment in Roth , at 577: “[A] person clearly must have more than an abstract need or desire for it. … The trial court held that the school board was immune from tort liability as a separate entity, since it was acting in its corporate capacity.

King v. Lakamp

50 Ohio App. 3d 84 · Ohio Court of Appeals · Jul 6, 1988

The modern trend is clearly away from a strict interpretation of .the “same school” rule. See Collom v. … Grefer’s testimony in his deposition is clearly not based on his knowledge of podiatry, as the trial court correctly noted.

Nationwide Roofing & Sheet Metal, Inc. v. Trotwood Heating, Inc.

34 Cont. Cas. Fed. 75,484 · Ohio Court of Appeals · Mar 23, 1987

Nationwide claims that Trotwood and Rieck willfully and maliciously misrepresented Trotwood’s status as a qualified small business. … Hence, a court should not strain for conflicts between state and federal law where none clearly exists. Joseph E. Seagram & Sons, Inc. v. Hostetter (1966), 384 U.S. 35, 45 .

State v. Berry

2019 Ohio 1254 · Ohio Court of Appeals · Apr 5, 2019

After the district court denied summary judgment to the police officer on her assertion of qualified immunity, she appealed. … According to the Supreme Court, the appellate court had departed at this point from established law. Id. at ¶ 16.

State v. Watson

2013 Ohio 5603 · Ohio Court of Appeals · Dec 19, 2013

Accordingly, for speedy trial purposes, 917 days elapsed from defendant's arrest until he was brought to trial.1 Because defendant established that more than 270 days elapsed before trial, he has established a prima … A defense may be impaired due to a delay if memories fade or witnesses die or disappear during the delay. {¶ 31} Defendant asserts that prejudice is "clearly present" in the instant action, as he "languished in jail

State v. Letts

2020 Ohio 6643 · Ohio Court of Appeals · Dec 11, 2020

The Supreme Court of Ohio has held that “the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle, pursuant to the automobile exception … . {¶ 31} After reviewing the record, we find that Massie was adequately qualified to recognize the smell of marijuana.

State v. Hinze

2022 Ohio 2602 · Ohio Court of Appeals · Jul 29, 2022

The Law requires the sentencing judge to impose a “minimum term” from within the currently established sentencing range and a “maximum term” of an additional fifty percent of the imposed minimum … Moreover, insofar as a notice of appeal had been filed, the trial court clearly lacked jurisdiction to take further action at that time, and this judgment was a nullity.

State v. Madison, 06ap-1126 (7-12-2007)

2007 Ohio 3547 · Ohio Court of Appeals · Jul 12, 2007

The only thing he is qualified to do is to say he was deceptive or not, period. … If any assumed fact was not established, you will determine its effect upon the opinion of the expert.

State Ex Rel. Billis v. Summers

76 Ohio App. 3d 848 · Ohio Court of Appeals · Mar 5, 1992

“The message of the established law of Ohio is clear: our citizens must be confident that their vote, cast for a candidate or an issue, will not be disturbed except under extreme circumstances * * *.” … Accordingly, absent a clear and substantial showing that relator is not qualified to hold the office to which he was elected, he must prevail.

Mate v. Stow City School District Board of Education

62 Ohio App. 3d 265 · Ohio Court of Appeals · Nov 30, 1988

For a writ to issue, Mate must establish that public officials, i.e., the board, are denying her a right to which she is clearly entitled. State, ex rel. Pressley, v. Indus. … R.C. 3319.11 reads, in part, as follows: “Teachers eligible for continuing service status in any school district shall be those teachers qualified as to certification, who within the last five years have taught for at least

Poppy v. City Council, Unpublished Decision (4-29-2005)

2005 Ohio 2071 · Ohio Court of Appeals · Apr 29, 2005

immunity. … In order to establish a prima facie case, the plaintiff must demonstrate that: (1) she is a member of a protected class; (2) that she suffered an adverse employment action; (3) that she was qualified for the position; and

Roth v. Public Employees Retirement Board

44 Ohio App. 2d 155 · Ohio Court of Appeals · Jan 28, 1975

However, where there has been no showing of the reasonableness of a classification and distinction which on its face seems to clearly violate rights to equal protection, then all of the presumptions disappear. ft. … C. 145.02 would require the plaintiffs, as non-former policemen or firemen, to forego certain benefits they are presently receiving from a municipal retirement plan, in order to qualify for participation in PEES.