Case law

Maurer v. Center Township, Unpublished Decision (8-30-2002)

Ohio Court of Appeals · Aug 30, 2002

, that the claims against Roger Sarver individually were barred by the doctrines of absolute immunity and qualified immunity, that the Maurers had failed to exhaust their administrative remedies, that the Maurers had failed … It is well-established that a court "may not take judicial notice of proceedings in other cases even if such cases were between the same parties and before the same court."

State v. Mills, 2007 Ap 07 0039 (4-15-2009)

2009 Ohio 1849 · Ohio Court of Appeals · Apr 15, 2009

Each doctor was qualified as an expert medical witness. Dr. Current was qualified in the field of emergency care. Dr. Scott was qualified in the field of pediatric emergency care. Dr. … "The extent and scope of cross-examination clearly fall within the ambit of trial strategy and debatable trial tactics does not establish ineffective assistance of counsel." State v.

State ex rel. Cincinnati Enquirer v. Bronson

191 Ohio App. 3d 160 · Ohio Court of Appeals · Nov 1, 2010

2) the exercise of that power is clearly unauthorized by law, and (3) denial of the writ will cause injury for which there is no adequate remedy in the ordinary course of law. … If these elements are met, the public retains a qualified right of access to the proceeding and can be banned only under limited circumstances.

State v. Willoughby

2021 Ohio 2611 · Ohio Court of Appeals · Jul 30, 2021

Appellant further contends that the prosecution did not adduce evidence to establish that (1) the canine could detect contraband no longer in a vehicle, and (2) the evidence did not establish what particular drug sparked … Moore, 90 Ohio St.3d 47, 734 N.E.2d 804 (2000), the Supreme Court of Ohio held that “[t]he smell of marijuana, alone, by a person qualified to recognize this odor, is sufficient to establish probable cause to conduct a

State v. Tate

2013 Ohio 370 · Ohio Court of Appeals · Feb 7, 2013

evidence sustains the issue which is to be established before them. … These body parts qualify as “erogenous zones” for purposes of R.C. 2907.01(B).

State v. Snowden

49 Ohio App. 2d 7 · Ohio Court of Appeals · Jul 6, 1976

It is difficult to conceive how the twin questions of relevancy and materiality necessary to qualify this kind of evidence could ever be satisfied out of the mouth of the defendant without insoluble problems intervening. … Other forced admissions of acts of “breaking and entering” and “joy riding” were clearly irrelevant.

Heidbreder v. Northampton Township Trustees

64 Ohio App. 2d 95 · Ohio Court of Appeals · Mar 21, 1979

The Northampton Township Trustees, the other defendants, were dismissed by summary judgment on the basis of sovereign immunity. Benko had been a full time police officer for over four years. … At the conclusion of plaintiffs’ case, defendant moved for a directed verdict on the basis that expert testimony was necessary to establish the pertinent standard of care and that Metz’s testimony was insufficient to establish

Clough v. Watkins

2020 Ohio 3446 · Ohio Court of Appeals · Jun 19, 2020

The trial court granted appellee’s motion and found that appellant did not present any evidence to establish causation and that he did not present any evidence to establish the amount of damages claimed. {¶ 5} On … This clearly constitutes an impermissible diagnosis and opinion not falling within any recognized exception to the hearsay rule. As a result, the trial court erred by allowing Dr.

State v. Flege, 06-Ca-113 (5-4-2007)

2007 Ohio 2134 · Ohio Court of Appeals · May 4, 2007

The Court has limited the substantial compliance standard of Plummer to errors that are "clearly de minimis." … The magistrate then issued a ruling implicitly accepting Majercak's testimony as establishing substantial compliance.

State v. Connors

2016 Ohio 3195 · Ohio Court of Appeals · May 27, 2016

In Gray, the First District held that a plea agreement including an agreed-upon sentencing range of four to eight years in prison did not qualify as a jointly-recommended sentence under R.C. 2953.08(D). … It appears that consecutive sentences will be upheld on appellate review as long as the aggregate sentence is within the arithmetic long-addition established by the statutes and the trial judge and the entry state that

Seeholzer v. Kellstone, Inc.

80 Ohio App. 3d 726 · Ohio Court of Appeals · Jul 24, 1992

Here, since the trial court made no such determinations, its summary judgment was clearly inappropriate and is subject to reversal on that basis alone. … As to appellee’s argument that recovery is limited to cases where the roadway is regularly and continuously used, this is indeed one recognized exception to landowner immunity which is known as the “frequent trespass on limited

Rachlow v. Dee, Unpublished Decision (1-25-2002)

Ohio Court of Appeals · Jan 25, 2002

Dee contends that she established the existence of genuine issues of material fact whether: (1) her personal injury claims were barred by statutory immunity; and (2) whether the officers had been engaged in a civil conspiracy … Dee's estimate of the speed of the cruiser was never thereafter qualified, or rehabilitated, as anything other than a guess.

Smith & Condeni, L.L.P. v. Cavitch Familo & Durkin Co., L.P.A.

2026 Ohio 1047 · Ohio Court of Appeals · Mar 26, 2026

After Smith’s departure from S&C, Condeni established a new law firm. … “Attorneys have a qualified immunity from liability to third parties for acts or omissions concerning the representation of a client.” LeRoy v. Allen, Yurasek & Merklin, 2007-Ohio-3608, ¶ 15.

In re H.G.

2024 Ohio 3408 · Ohio Court of Appeals · Sep 5, 2024

Notwithstanding the agency’s efforts, the parents did not complete parenting classes, did not establish sobriety, and did not establish appropriate housing; and other significant concerns remained. … manifest weight, the appellate court must weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the finder of fact clearly

State v. Valladares

2018 Ohio 1250 · Ohio Court of Appeals · Apr 2, 2018

IV, § 6 of the Ohio Constitution for a person elected or appointed to judicial office by restrictively applying that limitation to the temporary appointment of a qualified person to the office of a municipal judge under … In general, even “debatable trial tactics do not establish ineffective assistance of counsel.” State v. Leonard, 104 Ohio St.3d 54, 2004-Ohio-6235, ¶ 146.

State v. Lewis

2019 Ohio 4193 · Ohio Court of Appeals · Oct 10, 2019

But how this offense can destroy a young girl like that and not qualify for jail time, I just have no idea. … Although the trial court did not expressly mention it, the state’s rendition of the facts clearly support a finding that the sexual conduct was not consensual.

Buckeye N. Coatings, L.L.C. v. Reeves

2025 Ohio 5469 · Ohio Court of Appeals · Dec 8, 2025

McLeod stated, after being established as a person with specialized skill and knowledge from his years as a contractor, that the caulk should not have been wet prior to applying the coating. … There was no evidence he was qualified as an expert witness under Evid.R. 702.

State v. Henry, 2007-L-142 (3-13-2009)

2009 Ohio 1138 · Ohio Court of Appeals · Mar 13, 2009

Also, the record establishes that each of the three was qualified as experts by specialized knowledge, skill, experience, training, and education. In addition, the testimony of Dr. Bligh-Glover, Dr. … Based on the evidence presented, we cannot say that the jury clearly lost its way in finding appellant guilty of the crimes charged. {¶ 176} Pursuant to Schlee and Thompkins , supra, the jury did not clearly lose its *Page

State v. Hall

2014 Ohio 2959 · Ohio Court of Appeals · Jun 4, 2014

Although he qualified these denials with possible reasons for any inconsistencies, we reject Hall’s argument that Kenaga eventually “acquiesced” to Ross App. … To establish deficient performance, an appellant must show that counsel’s performance fell below an objective level of reasonable representation. State v.

Bowen v. Bowen

132 Ohio App. 3d 616 · Ohio Court of Appeals · Feb 9, 1999

This court holds that the trial court’s factfinding concerning the existence of a debt was not clearly contrary to the manifest weight of the evidence. … The May 1997 order of the trial court established child support.