Case law

O'Bryant v. Catalono

2011 Ohio 1507 · Ohio Court of Appeals · Mar 22, 2011

Although the existence of a qualified privilege is a mixed question of law and fact, it may be resolved by summary judgment. … The medical records in appellee’s possession when he confronted appellants established that on August 19, 2008, Addie filled a prescription for 270 extra strength Vicodin from her primary care physician.

State v. Blankenship

102 Ohio App. 3d 534 · Ohio Court of Appeals · Apr 17, 1995

In his fourth assignment of error, appellant contends that he is immune from prosecution for having a weapon while under a disability. … Therefore, the trial court properly found that appellant is not entitled to immunity from prosecution under R.C. 2923.23(A).

Erie Insurance Group v. Grange Mutual Casualty Co.

176 Ohio App. 3d 7 · Ohio Court of Appeals · Mar 21, 2008

. *10 Browning-Ferris Industries (1984), 15 Ohio St.3d 321, 322 , 15 OBR 448, 474 N.E.2d 271 , subject to certain well-established rules. Gomolka v. State Auto. Mut. Ins. … Although Besozzi’s name appears on the “leasee” line, it is clearly modified by a parenthetic “CO,” referencing her status as a cosigner, a status that is clearly stated in a separate document defining her obligations as

State v. Hess, 21646 (8-10-2007)

2007 Ohio 4099 · Ohio Court of Appeals · Aug 10, 2007

a light most favorable to the State, clearly establishes that Hess obtained goods and services from Speedy Muffler, and sufficient evidence of the value of said goods and services was also adduced at trial. … This is clearly not a case where a consumer legally attempted to dispute a civil debt.

State v. Upchurch

2021 Ohio 2143 · Ohio Court of Appeals · Jun 25, 2021

Donovan stated that he could see clearly through the vehicle’s windows and that he noticed an open container of what he believed to be vodka in the center cup holder area. … While Ohio law clearly provides that “the odor of marijuana establishes probable cause to search a vehicle only when the odor is detected by a person qualified to recognize it,” State v. Thames, 2d Dist.

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. Jones

2020 Ohio 2884 · Ohio Court of Appeals · May 11, 2020

Thus, Jones concludes that although he did not have a fixed place of habitation, he "clearly had the intent to remain connected to Warren County." … That is, we find the state presented sufficient evidence that, if believed, established Jones was not a resident of Warren County, and consequently Precinct 145, at the time he attempted to vote. {¶ 30} At trial,

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.

State v. Williams

2014 Ohio 4117 · Ohio Court of Appeals · Sep 19, 2014

Appellant’s appeal was decided in 1998 and his motion to vacate was filed on September 30, 2013, clearly outside the 180-day window for postconviction relief. … Additionally, appellant has not produced any qualifying new evidence or established that he could not have raised the issues presented in his motion in a direct appeal. See State v.

Erion v. Timken Co.

52 Ohio App. 2d 123 · Ohio Court of Appeals · Oct 12, 1976

Erion would, under the pension plan, have had to remain in the employment of the Timken Company until August 1, 1969, in order to qualify Mrs. Erion for survivors’ benefits. Mr. … Also, we wish to emphasize that the admission of such otherwise hearsay testimony must be clearly shown to be in the best interest of justice.

State v. Coffman

2025 Ohio 2340 · Ohio Court of Appeals · Jul 2, 2025

These sentences were clearly within the parameters established by R.C. 2929.14.  {¶18} Furthermore, R.C. 2020.14 specifically addresses the imposition of consecutive sentences at section (C)(4): If multiple … Children who suffer unspeakable harm that is clearly exacerbated by their age, mental condition.

State v. Watts

2017 Ohio 532 · Ohio Court of Appeals · Feb 16, 2017

Specifically, he contends that the record does not establish the criteria set forth in R.C. 2929.14(B)(2)(a) or (b). We disagree. {¶6} Under certain circumstances, RVO sentencing is mandatory. … Accordingly, Watts is not subject to a mandatory RVO sentence. {¶9} Nevertheless, Watt could qualify for discretionary RVO sentencing pursuant to R.C. 2929.12(B)(2)(a).

State v. Wells

2015 Ohio 3511 · Ohio Court of Appeals · Aug 26, 2015

(B)(1)(a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying … Wells’s PSI also established a moderate to low likelihood of recidivism.

Taylor v. Seney

52 Ohio App. 79 · Ohio Court of Appeals · Nov 4, 1935

that she employed three or more workmen or operators regularly in said business; that said defendant failed to comply with the Workmen’s Compensation Law of Ohio, and failed to contribute to the State Insurance Fund or qualify … Nor can it be said that these men were engaged “in or about the same establishment.”

Hicks v. Clermont Cty. Republican Cent. Commt.

2025 Ohio 2913 · Ohio Court of Appeals · Aug 18, 2025

The applicant seeking the preliminary injunction bears the burden of establishing each factor by clear and convincing evidence. Id. … This is not an argument Hicks himself made, but regardless, it clearly rests on speculation.

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.

State v. Eaton

2026 Ohio 1691 · Ohio Court of Appeals · May 11, 2026

. {¶9} The standard of review in this sentencing appeal is whether the sentence is clearly and convincingly contrary to law. State v. Marcum, 2016-Ohio-1002, ¶ 10; R.C. 2953.08. … Pursuant to R.C. 2929.13(B), a trial court is required to impose a sentence of community control upon an offender convicted of a fifth-degree felony that is not an offense of violence or a qualifying assault offense, unless

In re Estate of Williams

2020 Ohio 5064 · Ohio Court of Appeals · Oct 27, 2020

Humphrey's first and second assignments both hinge on the question of whether she qualifies as a "next of kin" under R.C. 2113.06(A)(2), we consider them together. … We certainly are not in a position to say that this Ohio precedent across time and counties is clearly erroneous so as to overcome a presumption against overruling it.

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.

State v. Hairston

60 Ohio App. 2d 220 · Ohio Court of Appeals · Nov 9, 1977

At the trial the defendant objected to testimony as to the footprints primarily on the ground that the witnesses were not qualified as experts. … The evidence was quite sufficient to establish that there had been a trespass to an unoccupied structure.