Case law

State v. Janson

2020 Ohio 4525 · Ohio Court of Appeals · Sep 21, 2020

It indicates clearly to the jury that the party having the burden of proof will be entitled to their verdict, if, on weighing the evidence in their minds, they shall find the greater amount of credible evidence sustains … the issue which is to be established before them.

Beard v. State

64 Ohio Law. Abs. 532 · Ohio Court of Appeals · Jul 6, 1951

At page 165 Chief Justice Marshall says: “It was the undoubted legislative intent that all persons guilty of murder in the first degree, whether so found by the verdict of a jury or established by confession in open court … It is our conclusion that the finding and filing of the indictment on October 2, 1928, was sufficient to qualify the charges against the petitioner as a pending prosecution within the wording of this section.

State v. McDowell, 2008-Ca-0110 (3-16-2009)

2009 Ohio 1193 · Ohio Court of Appeals · Mar 16, 2009

Rather our holding was clearly and unequivocally that appellant's attempt to utilize Civ. R. 60(B) to attack his original sentence, when no appeal from that sentence had been properly filed, was improper. … "Neither constitutional principles nor the doctrine of res judicata requires that sentencing become a game in which a wrong move by the judge or prosecutor means immunity for a defendant. See Bozza v.

Omega Riggers & Erectors, Inc. v. Koverman

2016 Ohio 2961 · Ohio Court of Appeals · May 13, 2016

An analogous issue arises in tort cases involving injuries caused by governmental employees, who are generally immune from liability, unless one of the exceptions to immunity applies. … In those cases, when the governmental defendant moves for summary judgment to dismiss the injured plaintiff’s claims, the burden is on the movant to establish not only facts triggering the general immunity rule, but also

Baker v. Administrator, Ohio Bureau of Workers' Compensation

140 Ohio App. 3d 766 · Ohio Court of Appeals · Dec 15, 2000

Without question, the occupational accident clearly had profound debilitating effects upon Mark Baker’s mental and emotional state. … Clearly the “bias” that the Administrator wished to show was an inclination on the part of Anita Baker to cheat the bureau.

State v. Fields

27 Ohio Law. Abs. 662 · Ohio Court of Appeals · Jul 15, 1938

of the State óf Ohio is in contravention of the Constitution of the United States in that it imposes an unlawful restraint upon trade and interstate commerce and denies to citizens equal protection of the laws and grants immunities … is unable to see from the transcript just how the Tax Commission arrived at the purchase price and the recital by the Justice in his transcript of what was testified to fails to disclose that such purchase price was ever established

Fleming v. Vanguard Sentinel Joint, Unpublished Decision (4-25-2003)

Ohio Court of Appeals · Apr 25, 2003

We must now determine whether appellee is entitled to an additional defense or qualified immunity under R.C. 2744.03 . {¶ 14} R.C. 2744.03 (A) provides a mechanism by which a defendant may "regain" its immunity status when … may be asserted to establish nonliability: {¶ 16} "* * * {¶ 17} "(5) The political subdivision is immune from liability if the injury, death, or loss to persons or property resulted from the exercise of judgment or discretion

Trumbo v. Trumbo

106 Ohio App. 382 · Ohio Court of Appeals · Dec 23, 1957

On the other hand, as contended by the defendants, if George W. was given only a qualified fee which was extinguished upon his death without issue, the title would revert to the heirs of the testator. … The cardinal rule to be followed in the construction of a will is to ascertain the intention of the testator, and to accomplish this purpose we must follow the rules of construction established by prior decisions of the courts

State v. McKinney

2015 Ohio 372 · Ohio Court of Appeals · Jan 30, 2015

Kalish, 120 Ohio St.3d 23, 896 N.E.2d 124, 2008–Ohio–4912, a plurality opinion, the Ohio Supreme Court established a two-step procedure for reviewing a felony sentence. … Thus, this portion of the statute excludes offenses of violence and certain qualified offenses from mandatory imposition of community control. State v. Johnson, 8th Dist.

Johnston v. State

2016 Ohio 4761 · Ohio Court of Appeals · Jun 30, 2016

Clearly, at this juncture of Johnston's extensive litigation journey, there is little to no dispute of facts, and the crux issue is whether he can show under Mansaray that, " 'subsequent to sentencing and during or subsequent … pdf= 756370.pdf) that the Supreme Court's holding in Mansaray does not prevent Johnston from establishing the fifth prong of R.C. 2743.48.

State v. Jones

187 Ohio App. 3d 478 · Ohio Court of Appeals · Apr 9, 2010

Kazmierczak (2000), 461 Mich. 411, 413 , 605 N.W.2d 667 (“the smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle”). … , is sufficient to establish probable cause.

Graham v. Lake Cty. Jobs & Family Servs. & Child Support Enforcement Agency

230 N.E.3d 584 · Ohio Court of Appeals · Dec 4, 2023

If the public office withholds a record on the basis of a statutory exception, the “burden of production” is on the public office to plead and prove facts clearly establishing the applicability of the exemption. Id. … As appellant withheld the requested records on the basis of a statutory exception, appellant bears the burden of production to prove facts clearly establishing the applicability of the exemption.

Wells Fargo Bank v. Rennert

2014 Ohio 5292 · Ohio Court of Appeals · Nov 26, 2014

becomes effective: [t]he surviving or new entity possesses all assets and property of every description, and every interest in the assets and property, wherever located, and the rights, privileges, immunities … that WFHMI merged into Wells Fargo, and the two certificates from the Ohio Secretary of State, dated October 1, 2004, and February 8, 2013, both of which also clearly state that WFHMI merged into Wells Fargo.

Wood v. Wood, 2006 Ap 09 0055 (9-20-2007)

2007 Ohio 5052 · Ohio Court of Appeals · Sep 20, 2007

THE TRIAL COURT ERRED IN MAKING A QUALIFIED DETERMINATION UPON THE ISSUE OF PATERNITY. {¶ 9} "II. … The trial court clearly explained the reason for deviation in the child support for Austin Wood for the stated six month period.

Reese v. George

2014 Ohio 2760 · Ohio Court of Appeals · Jun 26, 2014

But if the claims are clearly and indisputably outside the contracted coverage, there is no duty to defend or indemnify. Id.; Zanco v. Michigan Mut. Ins. … I do not think it is clearly a matter of law that the alleged conduct was strictly personal.

State v. Wood

34 Ohio Law. Abs. 328 · Ohio Court of Appeals · Apr 11, 1941

The question was clearly proper even though it may have been a conclusion of fact. … We see no reason whatever why a girl 14 or 15 years of age was not qualified to answer the simple question propounded.

State ex rel. David v. Indus. Comm.

2024 Ohio 2790 · Ohio Court of Appeals · Jul 23, 2024

“So long as that causal link is established, and he or she is otherwise qualified, the claimant is eligible for TTD compensation.” Id. … “So long as that causal link is established, and [the claimant] is otherwise qualified, the claimant is eligible for TTD compensation.”

Mathieu v. Dudley

10 Ohio App. 2d 169 · Ohio Court of Appeals · May 23, 1967

Appellant’s unemployment was clearly involuntary at the time of the termination of her job. … However, in this case, the employer had no retirement plan for clerk-typists in 1949, and did not establish one until 1961.

Maine v. Boardman Police Dept., Unpublished Decision (9-20-2006)

2006 Ohio 4954 · Ohio Court of Appeals · Sep 20, 2006

As the trial court correctly observed, this is clearly a governmental function of a police department as part of its investigation into such matters. … may be asserted to establish nonliability: {¶ c} "(1) The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative,

State, Ex Rel. Ohio Motorists Assn. v. Masten

8 Ohio App. 3d 123 · Ohio Court of Appeals · Dec 22, 1982

West 117th Street is clearly a “highway” within the meaning of R.C. 4511.01(BB), supra, and the “Stop Here on Red” sign and stop line are clearly “traffic control devices” under R.C. 4511.01(QQ), supra. … R.C. 4511.11 merely establishes guidelines for the village of Linndale to follow in regulating traffic by means of traffic control devices.