Case law

Beadnell v. McAdam

2016 Ohio 8207 · Ohio Court of Appeals · Dec 15, 2016

only reverse where the trier of fact clearly lost its way and created a miscarriage of justice. … Id. ¶ 23. {¶12} Beadnell presented no evidence of any psychological impairment that would qualify as mental distress. He professed, "I feel like a shut-in…Every time I go out he comes around."

State v. Scott

245 N.E.3d 1167 · Ohio Court of Appeals · Jun 13, 2024

To satisfy that standard, we must clearly and convincingly find the trial court’s imposition of restitution was “ ‘ “in violation of statute or legal regulations at a given time.” ’ ” State v. … “Consequently, the statutes governing ‘restitution’ are still used to determine which [economic] losses qualify for restitution.”

In re A.E.

2025 Ohio 1466 · Ohio Court of Appeals · Apr 24, 2025

Although it is well established that the right to parent one’s child is a fundamental right, the government has broad authority to intervene to protect a child’s health or safety. … juvenile court’s determinations that at the time of trial, the children could not be placed with their respective parents within a reasonable time, they had been in the custody of CCDCFS for over two years and no longer qualified

Ritter v. Milk & Ice Cream Drivers & Dairy Employees Union: Local No. 336

31 Ohio Law. Abs. 631 · Ohio Court of Appeals · Dec 23, 1939

While no one qualified or authorized says so, the only reasonable inference from what was said and done, it is claimed, clearly establishes that such was their nefarious design and scheme. … The inference and conclusions drawn have che element of jTausability but fall short of establishing the probability of their claims.

State v. [J.S.

97 N.E.3d 790 · Ohio Court of Appeals · Sep 14, 2017

She is clearly underemployed and struggling financially. An order sealing her record of conviction would have an actual effect on J.S.' … The wording of this exception clearly indicates that the prosecutor has access to the records before a person is charged with a crime.

Barton v. Cuyahoga Cty

166 N.E.3d 129 · Ohio Court of Appeals · Dec 31, 2020

The memorandum states that the Ohio Organized Crime Investigations Commission established “an organized crime task force #08-1 to investigate organized criminal activity.” … The court found that “[i]t is inconceivable how money belonging to” the employer could be clearly traced to certain funds in the BWC’s possession. Id.

State v. Barron

2024 Ohio 5836 · Ohio Court of Appeals · Dec 13, 2024

‘momentary’ restraint may qualify as Abduction, if it produces the required risk of physical harm to, or fear in, the victim.” State v. Saylor, 1995 WL 276103, *9 (2d Dist. May 12, 1995), quoting State v. … , the appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact “ ‘clearly

Pope v. Trotwood-Madison City School, Unpublished Decision (3-19-2004)

2004 Ohio 1314 · Ohio Court of Appeals · Mar 19, 2004

Schools clearly fall within this category. … . {¶ 13} When liability is established pursuant to R.C. 2744.02 (B), a political subdivision may nonetheless avoid liability if it can establish one of the defenses or immunities set forth in R.C. 2744.03 .

Kirkland Fin., L.L.C. v. Firestone

2024 Ohio 433 · Ohio Court of Appeals · Feb 7, 2024

Stemple was qualified as an expert as to the requirements for loan origination and brokerage.  4 The Court finds her testimony did not establish [Ms.] … At one point, the magistrate ruled that Stemple was not qualified to testify as to the authenticity of Ms.

Woronka v. Woronka

2012 Ohio 1184 · Ohio Court of Appeals · Mar 12, 2012

3 {¶5} The trial court, as memorialized in a Judgment Entry filed on June 21, 2010, stated, in relevant part, as follows: “In referring to the husband’s pension benefits, the parties clearly … Appellant specifically contends that appellee committed fraud in both his financial affidavit and the Separation Agreement. {¶14} “To support a contempt finding, the moving party must establish, by clear and convincing

State v. Baker

2025 Ohio 1568 · Ohio Court of Appeals · May 2, 2025

Nor does he dispute on appeal that the State proved he previously had been convicted of two prior qualifying offenses. … The victim provided more than ample testimony to support a finding that she qualified as a family or household member within the meaning of R.C. 2919.25(F)(2) despite the fact that she did not personally believe she was

Kure v. City of North Royalton

34 Ohio App. 3d 227 · Ohio Court of Appeals · Dec 4, 1986

The record is devoid of evidence of any substantial change of position by the developer which might establish a vested right which could not be vitiated by the charter amendment. See Smith v. … court has stated that the Gibson court “was concerned about those situations in which a municipality enacts legislation whose only purpose serves to thwart an applicant’s attempted enforcement of a right to which he was clearly

State v. Fender

2014 Ohio 19 · Ohio Court of Appeals · Jan 7, 2014

Appellant must establish the following: 2. … Liggett's credibility and alleged immunity, his credibility was substantiated by the corroborating testimony of his ex-wife and appellant's neighbor and in-laws.

Glazer v. Chase Home Fin., L.L.C.

2013 Ohio 5589 · Ohio Court of Appeals · Dec 19, 2013

. {¶6} The Reimer Firm argued in its motion to dismiss that (1) Glazer could not establish he was entitled to protection under the OCSPA; (2) the Reimer Firm was immune from liability on the misrepresentation and … “To establish a right to relief for a claim of fraudulent representation or concealment, a plaintiff must establish the following elements: (a) a representation or, where there is a duty to disclose, concealment

CitiMortgage, Inc. v. Elrod

2017 Ohio 8442 · Ohio Court of Appeals · Nov 6, 2017

Reversal is limited to those cases where “the [finder of fact] clearly lost its way and 5 created such a manifest miscarriage of justice that the [judgment] must be reversed … {¶31} Evidence Rule 803(6) provides that records of regularly conducted business activity are admissible, as an exception to the rules of hearsay, if shown to be such “by the testimony of the custodian or other qualified

City of Bedford v. Lacey

30 Ohio App. 3d 1 · Ohio Court of Appeals · Aug 12, 1985

Rules may be adopted to provide for the hearing ofdis- *6 qualification matters involving judges of courts established by law.” (Emphasis added.) … Judge Manuel Rocker was the sitting Judge of the Shaker Heights Municipal Court, and he issued a published opinion in which he held that defendants Shaker Heights et al. were not entitled to raise the defense of sovereign immunity

State v. Lucas

240 N.E.3d 843 · Ohio Court of Appeals · Mar 7, 2024

Based on these facts, we find S.L.’s statements within the 911 call are not the result of reflective thought and qualified as excited utterances. See Cleveland v. Myles, 8th Dist. … “‘Privilege’ means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.” R.C. 2901.01(A)(12).

In re R.M.

2013 Ohio 4928 · Ohio Court of Appeals · Nov 7, 2013

. {¶3} Father’s paternity was established on May 3, 2011, according to CCDCFS records. Prior to that, he had not participated in the children’s case plan. … The record shows that the children no longer qualified for temporary custody.

State v. Sowers

2018 Ohio 2367 · Ohio Court of Appeals · Jun 18, 2018

any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree. … {¶21} Appellant herein argues that the evidence was not sufficient to establish … is permitted to testify concerning the value of his property without being qualified as an expert, because he is presumed to be familiar with it from having purchased or dealt with it.”

State v. Johnson

2019 Ohio 1382 · Ohio Court of Appeals · Apr 12, 2019

“This is a very deferential standard of review, as the question is not whether the trial court had clear and convincing evidence to support its findings, but rather, whether we clearly and convincingly find … The record establishes that the trial court properly reviewed the PSI, Johnson’s statements, and the statements of counsel.