Case law

State v. Kidder

2025 Ohio 2905 · Ohio Court of Appeals · Aug 14, 2025

She was qualified by the court as an expert in child sexual assault. … As discussed below, the remaining testimony did not qualify as hearsay.

Runser v. Lippi

105 Ohio App. 3d 752 · Ohio Court of Appeals · Aug 18, 1995

The court thus determined that Lippi’s nieces and nephews could receive scholarships only if they qualified under the Foundation’s guidelines, and were not entitled to any preference, despite Lippi’s explicit testamentary … The provision clearly expresses the testator’s intent that the education of his nieces and nephews be preferred, regardless of their domiciles, over that of the needy citizens of Van Wert County.

State v. Magri

2018 Ohio 4275 · Ohio Court of Appeals · Oct 22, 2018

Even if evidence of other items was not admissible to prove the serial numbers of the micrometers and the digital indicator, the evidence establishing the grinder theft alone would have justified the fifth-degree felony … An appellate court must consider all the evidence in the record, the reasonable inferences, the credibility of the witnesses, and whether, “in resolving conflicts in the evidence, the jury clearly lost its way and created

In re L.Z.

2016 Ohio 1337 · Ohio Court of Appeals · Mar 23, 2016

Clearly, this photograph had no literary, artistic, political, or scientific value. * * * *. In re S.J.F., 11th Dist. … Male minor witnesses, the purported recipients of the photo, were granted immunity from prosecution and testified at the adjudicatory hearing, claiming variously they received the photo from someone other than appellant

State v. Evans

2017 Ohio 8184 · Ohio Court of Appeals · Oct 13, 2017

. {¶ 4} A subsequent autopsy established the cause of death as “blunt force trauma to the torso.” … The jury also did not clearly lose its way in convicting Evans, as this is not an exceptional case in which the evidence weighs strongly against conviction.

Anderson v. Eli Lilly & Co.

2015 Ohio 5239 · Ohio Court of Appeals · Dec 15, 2015

The report of Michelle Inkster, M.D. is sufficient to establish the negligence of the Defendants. IV. … The letter clearly would not qualify as the requisite medical expertise testimony to establish medical malpractice.

State v. Woods

235 N.E.3d 1133 · Ohio Court of Appeals · Feb 8, 2024

The evidence was necessary for the legitimate purpose of establishing the perpetrator’s identity. … The passenger-side window was open and the front-seat passenger can be clearly seen in the surveillance video.

State v. Crider

2013 Ohio 4594 · Ohio Court of Appeals · Oct 17, 2013

Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, the Ohio Supreme Court established the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25 … Trial courts, however, are clearly bound by the stricter standard for the imposition of consecutive sentences created by the General Assembly in H.B. 86.

In re Brown

92 Ohio Law. Abs. 493 · Ohio Court of Appeals · Oct 17, 1962

The distribution is to be made when a lawful right thereto is established. … The act of payment of benefits in such case is clearly an administrative act.

Newburgh Hts. v. State

166 N.E.3d 632 · Ohio Court of Appeals · Jan 14, 2021

East Cleveland’s uncontested evidence establishing irreparable harm to the public safety of its citizens. 2. … Thus, the only question remaining is whether the state statutes qualify as a general law under the four-part test in Canton. The first two criteria are easily met.

Stocker v. Arnold

18 Ohio Law. Abs. 213 · Ohio Court of Appeals · Aug 21, 1934

Then, too, the defendant’s testimony did not tend to establish that the note was produced in the presence of Dr. Clear. … Clearly Dr. Clear did not agree to pay and an administrator, executor or estate of the deecased was at no time mentioned.

In Re Estate of Luce

116 Ohio App. 420 · Ohio Court of Appeals · Oct 10, 1962

She could invest it in charities established outside the state of Ohio.” Since no geographical limitation on the discretion of the trustee is set forth in item XVI of George E. … This court cannot rewrite the testator’s will to qualify item XYI for exemption under the Ohio Inheritance Tax Law.

State v. Peak

2024 Ohio 735 · Ohio Court of Appeals · Feb 29, 2024

We must, therefore, determine whether Peak’s aggravated robbery conviction qualifies as a mandatory-bindover offense. … The sentencing transcript clearly shows that a promise of reverse bindover was never part of the plea agreement.

Dingey v. Dingey

2020 Ohio 5340 · Ohio Court of Appeals · Nov 18, 2020

evidence sustains the issue which is to be established before them. … The decision is clearly discretionary.

Dodson Entertainment I., L.L.C. v. Ohio Dept. of Job & Family Servs.

2019 Ohio 3463 · Ohio Court of Appeals · Aug 27, 2019

Thus, an employer may qualify as a successor in interest either by operation of law or through voluntary application, and the standards for qualifying as a successor in interest under these methods are different. … Here, the issue clearly was not raised.

Hluchanich v. Sofranec

18 Ohio Law. Abs. 45 · Ohio Court of Appeals · Mar 30, 1934

Not only was .this broken condition of the patella -positively established by the X-ray . … There was a fracture, and as to whether the conduct of the defendant was proper or improper should be determined by practitioners in such school of medicine or surgery who were competent, experienced and qualified to speak

State v. Lee

2010 Ohio 6450 · Ohio Court of Appeals · Dec 21, 2010

R.C. 2317.422 noted above establishes simplified methods for authenticating hospital records in conjunction with Evid.R. 901(A). … Consistent with this claim are photographs of the bedroom – clearly showing a significant amount of blood Pickaway App.

State ex rel. Gustafson v. Krause

21 Ohio Law. Abs. 118 · Ohio Court of Appeals · Apr 20, 1936

Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted … his successor shall be elected for the unexpired term at the first annual election that occurs in an even numbered year more than thirty days after such vacancy may have occurred, and such election shall be by the *120 qualified

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

2021 Ohio 1642 · Ohio Court of Appeals · May 11, 2021

admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. … "Thus, the state is immune from a common law claim of false imprisonment when the plaintiff was incarcerated pursuant to a facially-valid judgment or order, even if the facially-valid judgment or order is later determined

Petrasek v. TC3 Operations, Inc.

2011 Ohio 1962 · Ohio Court of Appeals · Apr 21, 2011

The following facts were established in the depositions of Petrasek, Nancy Fiordalisi, the executive  5 director of TC3, and Winifred Merles, the person driving the TC3 bus the … No. 98C-2177.” {¶ 26} Here, TC3 clearly did not hold itself out to the public.