Case law

State, Ex Rel. Kleem v. Kafer

13 Ohio App. 3d 405 · Ohio Court of Appeals · May 2, 1983

Two representative resident taxpayers and qualified voters of the city of Berea, John Kleem and William Clements (relators), seek a writ of mandamus to compel Berea Director of Finance, Robert Routson 1 (respondent), to certify … Beyond this the duty to refer dissolves if an action otherwise clearly legislative is not a first action on the subject of a public improvement, R.C. 731.30.

E G Buchseib, Inc. v. Frey

20 Ohio Law. Abs. 205 · Ohio Court of Appeals · Oct 30, 1935

The record clearly establishes that the son was well qualified by knowledge and observation as a lay witness to express opinion on the subject matter inquired of. … Clearly the question propounded and answer made thereto were not admissible as substantive testimony, so recognized by the court and properly excluded.

In Re Estate of Howe

107 Ohio App. 361 · Ohio Court of Appeals · Oct 14, 1958

The record clearly establishes that the claimant did not have actual knowledge of the appointment of an executor or administrator. … C., is a conclusion of fact capable of being established by all grades of legitimate evidence. “2. If a person presenting a claim under the provisions of Section 10509-134, G.

Cleveland v. Dickerson

2016 Ohio 806 · Ohio Court of Appeals · Mar 3, 2016

Approaching major interstate highways are clearly marked with signage and instructions to lead to airport lanes. … Clearly, Hendon had in fact been using the restroom. {¶51} Officer DiMarco and Hendon then joined Officer Harper and Dickerson outside the restroom.

Keyse v. Cleveland Clinic Found.

2024 Ohio 2806 · Ohio Court of Appeals · Jul 25, 2024

She contends that the trial court should therefore have denied summary judgment because there are disputed issues of fact over whether Shepherd qualifies as a third party under Biddle. … Although HIPAA may provide guidance for establishing Biddle liability, “it is well-settled that a HIPAA violation does not create a private cause of action for the party whose information has been released.”

State v. Bryant

2017 Ohio 5490 · Ohio Court of Appeals · Jun 23, 2017

Plain error does not occur unless, but for the error, the outcome of the trial clearly would have been different. … Hawk’s testimony regarding the cause of the fire, the outcome of the trial clearly would have been different.

Tate v. Butler Cty. Dog Warden

254 N.E.3d 770 · Ohio Court of Appeals · Sep 30, 2024

"Clear and convincing evidence is 'that measure or degree of proof . . . which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.'" Butera v. … There is, of course, an exception to this rule—a rule of punctuation—that provides '"[a] qualifying phrase separated from antecedents by a comma is evidence that the qualifier is supposed to apply to all the antecedents instead

In re D.W.

2014 Ohio 5038 · Ohio Court of Appeals · Nov 13, 2014

A gunshot wound to the head easily qualifies as serious physical harm. See In re: L.W., 8th Dist. Cuyahoga No. 99527, 2013-Ohio-5735, ¶ 46; State v. Clark, 8th Dist. … . {¶7} D.W.’s statement to the victim established his identity as the shooter. It established that D.W. acted “knowingly” by conceding to the victim that he shot the gun.

67 Corp. v. Elias

3 Ohio App. 2d 411 · Ohio Court of Appeals · Sep 28, 1965

In our opinion, there is no sufficient foundation to qualify the alleged statements as being against McNerney’s interest. … However, it appears to us to clearly apply in the present case.

Lamar Co., L.L.C. v. Beavercreek

211 N.E.3d 859 · Ohio Court of Appeals · Mar 24, 2023

We also conclude that governing planned-unit-development sign criteria clearly proscribed the sign Lamar sought to install. … In reaching its conclusion, the court cited the well-established principles that zoning ordinances are to be construed in favor of property owners, restrictions cannot be extended to include limitations not clearly prescribed

State v. Hill

40 Ohio App. 2d 16 · Ohio Court of Appeals · Apr 3, 1963

There is no persuasive analogy here with such tests as fingerprinting which have a strictly physical basis, clearly demonstrable. … “All the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.” In Whiteman v.

State v. Jones

2014 Ohio 1540 · Ohio Court of Appeals · Apr 11, 2014

the court of sleeping jurors during the course of trial and not at the defendant’s sentencing hearing). {¶ 12} Nevertheless, even assuming that trial counsel’s failure to object to the alleged sleeping jurors qualifies … Accordingly, Jones has failed to establish any resulting prejudice. {¶ 13} Because Jones failed to establish any resulting prejudice as required by

Koch v. O'Brien & Nye Cartage Co.

37 Ohio Law. Abs. 270 · Ohio Court of Appeals · Sep 21, 1942

presentation of the plaintiffs’ evidence, the court entered a finding for the defendant and upon overruling plaintiffs’ motion for new trial, entered judgment for the defendant on the ground that plaintiffs had failed to establish … We are mindful of the fact that in the case of Collieries Company v Cocke, 107 Oh St 239, the court qualified the rule as thus stated in the following way: (quoting from the last paragraph of syllabus 5) “* * * * If restoration

State v. Gifford

179 N.E.3d 761 · Ohio Court of Appeals · Oct 26, 2021

. {¶ 7} The state submitted evidence to establish that the count to which Mr. … "[D]espite the [s]crivener's error in the [earlier] municipal court conviction, the fact remains that he was actually convicted of a qualifying offense," the state urged.

State v. Carter

2018 Ohio 4503 · Ohio Court of Appeals · Nov 2, 2018

The State argues Appellant's co- defendant, Anthony Schwalbauch, clearly possessed sufficient personal knowledge and understanding of the drug trade to testify about common code words and measures as they relate to illicit … for this testimony is first established.”

Carter v. State

4 Ohio App. 193 · Ohio Court of Appeals · Feb 5, 1915

as saying that it is necessary to use the language above quoted, or any particular words, to express the rule governing such cases, but only to say that it is necessary in such cases as this that such instruction be *197 clearly … He was permitted to give his conclusions of fact as to the origin of the fire upon the theory that he had qualified as an expert upon this subject.

Solomon Cultivation Corp. v. Ohio Dept. of Commerce

2021 Ohio 46 · Ohio Court of Appeals · Jan 12, 2021

The rules for the scoring were reasonably definite and clearly outlined in the department's application instructions. … Solomon requested, and was provided, an opportunity to challenge, at an administrative hearing, the department's finding that Solomon did not qualify for a medical marijuana cultivator level I provisional license.

State v. Harris

2024 Ohio 5807 · Ohio Court of Appeals · Dec 12, 2024

Notably, the trial court failed to impose a non-life indefinite sentence for the qualifying first-degree felony. … Gwynne, 2019-Ohio-4761, ¶ 17 (holding that “R.C. 2929.11 and 2929.12 both clearly apply only to individual sentences.” (Emphasis deleted.)).

Toledo Area Private Industry Council v. Steinbacher

41 Ohio App. 3d 39 · Ohio Court of Appeals · Jun 11, 1987

Pursuant to guidelines established by the administrator, appellant administers a summer youth employment program (“SYEP”) which can operate only be-' tween May 1 and September 30. … The work performed by the supervisors is clearly not controlled by climatic conditions.

Malloy v. Malloy, 8-08-15 (4-27-2009)

2009 Ohio 1918 · Ohio Court of Appeals · Apr 27, 2009

the acquisition of a professional degree of the other party; ( k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … While the Plaintiff offered testimony concerning her financial needs for spousal support, there was no specific testimony as to a standard of living of the *Page 11 parties' established during the marriage, it is clear from