Case law

Worthington City Schools v. Abco Insulation

84 Ohio App. 3d 144 · Ohio Court of Appeals · Dec 3, 1992

Even though the background research may have involved preparation for litigation, the article itself does not clearly fit the definition of an article “written with an eye toward litigation” as in O’Brien . … The determination of whether a witness is qualified as an expert is one for the trial court.

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

Hensley v. Toledo Area Regional Transit Authority

121 Ohio App. 3d 603 · Ohio Court of Appeals · Jun 27, 1997

Though R.C. 4511.01 clearly and unambiguously provides that the definition of “school bus” in division (F) is applicable to both Chapter 4511 and Chapter 4513 of the Revised Code, R.C. 4511.78 just as clearly and unambiguously … If that was the legislature’s intent, it is not clearly expressed in the text of the statute.

State v. Darrah, Ca2006-09-109 (12-28-2007)

2007 Ohio 7080 · Ohio Court of Appeals · Dec 28, 2007

. {¶ 13} The facts of Andrews are clearly distinguishable from the case at bar. … Appellant's attorney determined on Friday, September 8, 2006, that Gress qualified as an expert witness.

State v. White, 07 Ma 29 (6-30-2008)

2008 Ohio 3331 · Ohio Court of Appeals · Jun 30, 2008

There was no testimony from any qualified individual that the HGN test was affected by the head injury. … Furthermore, when weighing the evidence, we cannot find that the trial court clearly lost its way when it convicted White of the crime charged.

McClarty v. Greene Metropolitan Housing Authority

196 Ohio App. 3d 256 · Ohio Court of Appeals · Sep 2, 2011

McClarty also qualifies for Section 8 assistance in paying her utility bills. … PHAs must also establish policies and procedures for fair and consistent treatment of cases of intentional misreporting, abuse, and fraud.

State v. Anderson

2013 Ohio 869 · Ohio Court of Appeals · Mar 11, 2013

.” {¶23} “In a criminal case, where a claim of a witness that he can not be compelled to testify as a witness because of the privilege of immunity from self- incrimination is properly established, it is error prejudicial … the issue which is to be established before them.

Hurst v. Enterprise Title Agency, Inc.

157 Ohio App. 3d 133 · Ohio Court of Appeals · May 7, 2004

Rather, the land sale contract clearly placed any obligation in regard to the point-of-sale inspection on the Lowes. … The inclusion of a disclaimer in a contract, without more, clearly does not constitute a violation of the CSPA.

Stokes v. Meimaris

111 Ohio App. 3d 176 · Ohio Court of Appeals · May 20, 1996

The testimony of both plaintiff and Captain Zerby established that plaintiff contacted the police out of fear for her daughter’s safety. … “Qualified privilege” was defined by the court in Hahn as: “A qualified or conditionally privileged communication is one made in good faith on any subject matter in which the person communicating has an interest, or in reference

State v. Grimes

143 Ohio App. 3d 86 · Ohio Court of Appeals · Apr 23, 2001

Appellant asserts that the evidence presented by the prosecutor was inadequate to establish that he is a sexual predator. … Grimes’s conviction for attempted rape qualified as sufficient evidence to meet the first prong of R.C. 2950.01(E) because attempted rape is a “sexually oriented offense.”

Svette v. Caplinger, Unpublished Decision (2-8-2007)

2007 Ohio 664 · Ohio Court of Appeals · Feb 8, 2007

Once immunity is established, the second tier of analysis involves determining whether any of these five exceptions apply. Winegar , supra. … Application of Exceptions to Immunity for Ross County Under R.C. 2744.02 (B) {¶ 18} The Appellant contends that the exceptions established in R.C. 2744.02 (B)(3) and (4) apply to the case sub judice.

Fraternal Order of Post v. City of Dayton

60 Ohio App. 2d 259 · Ohio Court of Appeals · May 16, 1978

bargain at all, clearly violates the city Charter. … Clearly this authority is in derogation of the Charter provision hereinabove set forth.

Liberty National Bank v. Greiner

62 Ohio App. 2d 125 · Ohio Court of Appeals · Jul 7, 1978

Clearly, the written notice received by appellant *129 did not fulfill this requirement. … In the case sub judice, appellee hired a qualified appraiser, sufficiently advertised the sale to the public, properly attempted to obtain the highest possible bids for the collateral, and selected an auctioneer who conducted

Simballa v. Ohio Dept. of Natural Resources, Div. of Oil & Gas Resources Mgt.

2024 Ohio 5888 · Ohio Court of Appeals · Dec 17, 2024

There is no dispute that Simballa qualifies as a person “adversely affected by the order” who may appeal it. … And the legislation being challenged will not be invalidated unless it is established that it is unconstitutional beyond a reasonable doubt. See, e.g., Arnold v.

Horenstein, Nicholson & Blumenthal, L.P.A. v. Hilgeman

178 N.E.3d 71 · Ohio Court of Appeals · Sep 3, 2021

They were entitled 12Other Ohio authority has held that statements to police officers enjoy only qualified immunity. See Thomas v. Murry, 8th Dist. … Cuyahoga No. 109287, 2021-Ohio-206, ¶ 56- 57 (distinguishing its approach of qualified immunity from the Ninth and Fourth Districts, which allow absolute immunity).

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.

State v. Wright

2024 Ohio 851 · Ohio Court of Appeals · Mar 8, 2024

A rational fact finder could have found that her testimony established that Wright engaged in cunnilingus-based sexual conduct with N.K., thus establishing the elements of rape. {¶28} Turning to his conviction for … To establish plain error, Wright “ ‘must establish that an error occurred, that the error was obvious, and that there is a reasonable probability that the error resulted in prejudice, meaning that the error affected the

Baker v. Bunker Hill Haven Home

2024 Ohio 875 · Ohio Court of Appeals · Mar 11, 2024

." {¶ 23} However, while this may very well be true, the portion of the trial court's decision that Baker takes issue with did not require her to "qualify a 'parent' as an expert witness," as Baker suggests. … What those standards are, or should be, is clearly not something that would be within the knowledge or experience possessed by lay persons.

Premium Beverage Supply, Ltd. v. TBK Prod. Works, Inc.

2016 Ohio 174 · Ohio Court of Appeals · Jan 19, 2016

Thus, even if Brew Kettle could establish error, that error is not a basis for reversal of the trial court's judgment. Gill v. Grafton Corr. Inst., 10th Dist. … In relevant part, the court held: Allowing a successor manufacturer to terminate a written franchise agreement without cause is clearly permitted under R.C. 1333.85(D), as long as

State v. Grate

2023 Ohio 2103 · Ohio Court of Appeals · Jun 26, 2023

Gondor, 112 Ohio St.3d 377, 2006-Ohio-6679, 860 N.E.2d 77(2006), ¶ 58. {¶26} An abuse of discretion exists where the reasons given by the court for its action are clearly untenable, legally incorrect, or amount … The psychological expert was qualified and authorized by the trial court to testify, but Grate now attacks him as ineffective and holds trial counsel responsible for that outcome.