Case law

State v. Al-Dor

2013 Ohio 5731 · Ohio Court of Appeals · Dec 26, 2013

It is also difficult to imagine that the act of forcible rape would not qualify as terrorizing or inducing terror in the victim, thereby satisfying that element of the kidnapping offense. … Conclusion {¶21} Appellant’s convictions for rape and kidnapping were established beyond a reasonable doubt.

State v. Conner

13 Ohio App. 3d 179 · Ohio Court of Appeals · Dec 7, 1983

After reviewing the evidence and arguments of counsel, the trial court issued a decision, dated August 9, 1982, which held that the vehicle being operated by defendant on February 17, 1982, qualified as a “motor vehicle” … In addition to the vehicle’s ownership, the trial court also noted that the photographs of the vehicle clearly established that the vehicle was primarily a truck which had been modified by the attachment of fertilizer spreading

State v. Bender

2023 Ohio 1531 · Ohio Court of Appeals · May 8, 2023

} As the assignments of error are interrelated, we elect to address them together. 2 The trial court did explicitly state that “The lengthy handwritten statement was not Notarized or otherwise given in a manner to qualify … narrative -7- Case No. 14-22-23 are entirely unauthenticated, we will assume that the documents were written by Call for purposes of this appeal, though that issue is far from clearly

Oglesby v. City of Columbus, Unpublished Decision (2-8-2001)

Ohio Court of Appeals · Feb 8, 2001

R.C. 2744.03 (A)(6) recognizes only three exceptions to employee immunity. … as an exception from immunity for employees.

Crandall v. City of Fairborn, Unpublished Decision (5-7-1999)

Ohio Court of Appeals · May 7, 1999

R.C. 2744.03 sets out exceptions which are qualified. The exceptions provided under both heading implicate issues of fact. … Instead, he threw a mass of evidentiary material against the immunity claims in an attempt to show that the Defendants are not immune.

Wynn v. Butler County Sheriff's Dept., Unpublished Decision (3-22-1999)

Ohio Court of Appeals · Mar 22, 1999

Clearly, the police departments and their employees were engaged in governmental functions. Wynn has indicated no basis for any exception to immunity. … Here, the evidence established that the appellees exercised a reasonable degree of care in verifying the suspect's identity.

State v. Meddock

93 N.E.3d 43 · Ohio Court of Appeals · Jun 15, 2017

court was also limited to consideration of the argument under the plain error standard of review, and acknowledged that an alleged error does not constitute plain error unless, but for the error, the outcome of the trial clearly … for this testimony is first established.”

Todor v. Ballesteros-Cuberos

2024 Ohio 4525 · Ohio Court of Appeals · Sep 16, 2024

The onus of proving that an asset qualifies as separate property falls on the party making the claim to prove by a preponderance of the evidence. Peck v. Peck, 96 Ohio App.3d 731, 734 (12th Dist. 1994). … (holding that "[s]eparate property can lose its nonmarital quality when it cannot be clearly traced because of extensive and repeated commingling").

Cramer v. Auglaize Acres, Unpublished Decision (7-18-2005)

2005 Ohio 3609 · Ohio Court of Appeals · Jul 18, 2005

Accordingly, the operation of a county home does not qualify as a governmental function under R.C. 2744.01 (C)(1)(b) either. Id.; see, generally, Ryll v. … Wanton misconduct is the failure to exercise any care whatsoever and establishes a disposition to perversity on the part of the tortfeasor. Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d at 356 .

Huelsmann v. State

56 Ohio App. 2d 100 · Ohio Court of Appeals · Dec 29, 1977

The state’s limited waiver of immunity, pursuant to R. … Marshall’s affidavit clearly established, the waters which supplied the appellants’ well were percolating in nature.

Morning View Care Center-Fulton v. Ohio Department of Human Services

148 Ohio App. 3d 518 · Ohio Court of Appeals · Jun 6, 2002

R.C. 5111.257 provides in part that “[t]he rules may require that a facility that qualifies for a rate adjustment under this division receive authorization from the department to admit or retain a resident who qualifies the … in rebuttal sufficient to establish that genuine issues of material fact must be preserved for trial.

State v. Workman

126 Ohio App. 3d 422 · Ohio Court of Appeals · Feb 23, 1998

R.C. 3599.12 provides: “No person shall vote or attempt to vote in any primary, special, or general election in a precinct in which he is not a legally qualified voter, or vote or attempt to vote more than once at the same … It is well established that when a statute reads, “No personal shall,” absent any reference to the requisite culpable mental state, this statute is clearly indicative of a legislative intent to impose strict liability.

Simko v. Simko

2018 Ohio 2577 · Ohio Court of Appeals · Jun 29, 2018

abilities of the parties; (c) The ages and the physical * * * condition[ ] of the parties; (d) The retirement benefits of the parties; (e) The duration of the marriage; * * * (g) The standard of living of the parties established … An abuse of discretion may be found when the trial court “applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Thomas v.

In Re Union Hospital Service Assn.

75 Ohio App. 394 · Ohio Court of Appeals · Jan 30, 1945

This section clearly sets forth all the requirements that may be properly denominated conditions precedent to the granting of a license. … Clearly this was not the intent.

Miller v. Ohio Rehabilitation Services Commission

85 Ohio App. 3d 701 · Ohio Court of Appeals · Mar 31, 1993

It implies a decision without a reasonable basis or one that is clearly wrong. Mosholder, supra, 75 Ohio App.3d at 136 , 598 N.E.2d at 1272 . … The parties do not dispute that appellant’s alcoholism can qualify as a handicap under the federal Rehabilitation Act.

State v. Thomas

2025 Ohio 4534 · Ohio Court of Appeals · Sep 29, 2025

This sentence does not qualify for notice to the court of common pleas. … Generally, “we will not reverse a sentence imposing restitution unless it is either contrary to law or clearly and convincingly not supported by the record.” Id.

State v. Krause

2021 Ohio 3657 · Ohio Court of Appeals · Oct 12, 2021

Krause has not established that the trial court clearly lost its way or created a manifest miscarriage of justice in finding him guilty of domestic violence, both counts of violating a protection order, or unauthorized … Rosipko and that such actions constituted “minor touching” that did not qualify as domestic violence. {¶43} We disagree with the premise of Mr. Krause’s argument.

McDonald v. McDonald

34 Ohio Law. Abs. 461 · Ohio Court of Appeals · Jun 5, 1941

McDonald, wherein he represents to the Court' that he was qualified as the executor of Sarah A. Shade; that he is the owner of a certain claim against “said defendant”' founded upon a written contract with: Sara A. … The evidence quite clearly supports his claim that no part of his claim against the estate was ever repaid, the only adverse evidence on this point being that of Miss Wright, whose interest is clearly apparent.

In re H.S.

2020 Ohio 4530 · Ohio Court of Appeals · Sep 21, 2020

; {¶15} (v) The granting of a new tier classification or declassification from the juvenile offender registry pursuant to section 2152.85 of the Revised Code, except for public registry-qualified … After all, the nature of the offense that is the subject of the application is inherently germane to the trial court’s ultimate ruling, to wit: it serves to establish whether the applicant is

State v. Brocious, Unpublished Decision (9-5-2003)

Ohio Court of Appeals · Sep 5, 2003

The trial court further concluded that the prosecutor had failed to establish (1) that she had not made any use of the immunized testimony and (2) that the evidence to be presented at trial was derived from sources wholly … Furthermore, the burden is upon the state to establish that no use was made of the immunized statement and that the evidence to be used at trial was derived from sources wholly independent of the immunized statement.