Case law

State v. Reese

2016 Ohio 557 · Ohio Court of Appeals · Feb 10, 2016

On appeal, the court noted that the examiner’s statement was clearly beyond the scope of permissible testimony. Id. at ¶48. … Appellant contends the state failed to establish the general scientific reliability of a polygraph test.

State v. Rose

2018 Ohio 4888 · Ohio Court of Appeals · Dec 6, 2018

4 {¶10} Clear and convincing evidence is that evidence “which will provide in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … (ii) If the offense is a qualifying assault offense, the offender caused serious physical harm to another person while committing the offense, and, if the offense is not a qualifying assault offense, the offender

State v. Burks

2011 Ohio 3529 · Ohio Court of Appeals · Jul 18, 2011

Thus, an identified informant who provides corroborated information may establish probable cause. See State v. Martin, 8th Dist. … Jennings qualified as an expert, and that if Off.

Lyons v. Farmers Insurance Group of Companies

67 Ohio App. 3d 448 · Ohio Court of Appeals · Apr 26, 1990

Kotten (1975), 43 Ohio St.2d 237 , 72 O.O.2d 134 , 331 N.E.2d 713 , establishes the proper review for slander cases when as here the defense of privilege is asserted. “ ‘Conditional or qualified privilege is based on public … Although the burden of proving the running of the statute of limitations is on the defendant the Court finds it clearly established that under R.C. 2305.11(A) the one year had expired prior to plaintiff’s bringing suit against

Cogswell v. Brook, Unpublished Decision (10-22-2004)

2004 Ohio 5639 · Ohio Court of Appeals · Oct 22, 2004

Pursuant to R.C. 2305.51 (A)(1)(d) and (e), Beech Brook has a qualified licensed staff of mental health professionals who provide specialized therapy and psychiatric services to clients as well as medical care through arrangements … , appellants have not established the elements of a negligence claim.

Citizens Organized Against Longwalling v. Division of Reclamation

41 Ohio App. 3d 290 · Ohio Court of Appeals · Aug 25, 1987

The alternative water supply contingency plan established by Southern Ohio Coal Company will be implemented if the problem is related to the activities of the mining operation. … R.C. 1513.07(E)(2) (e)(iii) clearly provides: “This chapter does not authorize the chief to adjudicate property rights disputes.”

Wolf Automotive v. Rally Auto Parts, Inc.

95 Ohio App. 3d 130 · Ohio Court of Appeals · Aug 11, 1994

The amount of the disputed credits for freight and certain other items were clearly less than the amount of the invoices for the goods shipped. … Security, the trial court had excluded oral testimony to establish the account, and we found reversible error.

Jackson v. State Street Bank & Trust Co.

110 Ohio App. 3d 388 · Ohio Court of Appeals · Mar 8, 1996

“Looking back over this long history of litigation a trend is clearly discernable toward expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

State v. Williams

2025 Ohio 5309 · Ohio Court of Appeals · Nov 24, 2025

evidence sustains the issue which is to be established before them. … However, R.C. 2925.11(C)(9)(a) specifically qualifies its application with the language “[e]xcept as otherwise provided in division (C)(9)(b) of this section.”

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

Markowitz v. Bainbridge Equestrian, Unpublished Decision (3-30-2007)

2007 Ohio 1540 · Ohio Court of Appeals · Mar 30, 2007

{¶ 35} The majority's perfunctory disposition of the exception to immunity set forth at R.C. 2305.321 (B)(2) reads that exception out of the statute. … The exception clearly establishes that the various equine experts provided immunity may be liable, if they negligently misgauge the ability of an "equine activity participant" to engage in a particular activity, or manage

State v. Gibson

2017 Ohio 691 · Ohio Court of Appeals · Feb 24, 2017

Court concludes that factors establishing the defendant’s conduct is more serious outweigh factors establishing that conduct is less serious. … Court concludes factors establishing the Defendant’s recidivism is  -16- more likely outweigh factors establishing recidivism

In re A.F.

2023 Ohio 4423 · Ohio Court of Appeals · Dec 7, 2023

Thus, the record clearly and convincingly shows the agency made great efforts to reunite the children with Mother, but Mother failed to do her part to remedy the obstacles to reunification. … R.C. 2151.414(D)(2)(b) requires the court to find that the children have been in agency custody for over two years and no longer qualified for temporary custody.

Weldele v. Brice

2022 Ohio 3246 · Ohio Court of Appeals · Sep 15, 2022

The Village argued that fraud and unjust enrichment claims failed as a matter of law, and that the Village was entitled to immunity from liability to appellees in any event. … Ridge Tool Co., 113 Ohio App. 357, 359 (9th Dist.1961). {¶ 14} Here, the trial court's March 1, 2021 decision and entry granting in part, the Village's motion for summary judgment clearly disposed of appellees' claim

State v. Johnson

2025 Ohio 2719 · Ohio Court of Appeals · Aug 4, 2025

Johnson further argues that these defects in the proceedings qualify as plain error under Criminal Rule 52(B). {¶14} Rule 2.11(A) of the Code of Judicial Conduct provides that “[a] judge shall disqualify himself … that the outcome of the trial clearly would have been different but for the alleged error.”

Leaf v. Leaf

2022 Ohio 3301 · Ohio Court of Appeals · Sep 20, 2022

Qualified Domestic Relations Order. … Ring with respect to income-tax returns are set forth clearly and unambiguously in the Decree of Divorce, including in section 4. (on pages 8-9) and in section 16.

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.

Morgan v. Applied Med. Technology, Inc.

2026 Ohio 119 · Ohio Court of Appeals · Jan 15, 2026

In order to establish a prima facie case of race discrimination, a plaintiff must prove that he or she (1) belongs to a racial minority; (2) was discharged; (3) was qualified for the position; and (4) was treated disparately … Here, the record neither clearly evidences frivolous conduct nor an arguable basis for award of sanctions under R.C. 2323.51 and Civ.R. 11.

State v. Falconer

2012 Ohio 2293 · Ohio Court of Appeals · May 21, 2012

II {¶6} "THE TRIAL COURT ERRED IN NOT SUPPRESSING THE RESULTS OF THE HGN TEST, WHEN APPELLANT CLEARLY SUFFERED FROM A MEDICAL CONDITION THAT AFFECTED THE RESULTS OF THE FIELD SOBRIETY TEST." … Further, OAC 3701-53-06 through 3701-53-09 established the requirements for the laboratory and personnel testing the blood sample.

Poppy v. City Council, Unpublished Decision (5-3-2005)

2005 Ohio 2071 · Ohio Court of Appeals · May 3, 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