Case law

State v. Schulman

157 N.E.3d 848 · Ohio Court of Appeals · Aug 20, 2020

Healy and Kelly were qualified witnesses testifying regarding their direct knowledge of board of elections' policies and procedures. … error under a manifest-weight standard, we may not substitute our views for that of the trier of fact but consider the entire record and weigh the evidence and credibility of the witnesses to determine if the trier of fact clearly

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.

State v. Griffin

2019 Ohio 37 · Ohio Court of Appeals · Jan 9, 2019

The director’s testimony established that the specific records of Mr. … Griffin, and he did not specifically refer to himself as the “custodian” of the records, he was surely at least an “other qualified witness” within the meaning of Evid.R. 803(6), enabling him to lay a foundation establishing

State v. Ashe

2016 Ohio 136 · Ohio Court of Appeals · Jan 15, 2016

Detective House is not a medical expert, and was not qualified to provide testimony regarding the cause of death. {¶ 15} However, we agree with the State that the error is harmless in view of the other evidence … Thus, we cannot say that the jury clearly lost its way in convicting Ashe of Assault. {¶ 40} The Fifth Assignment of Error is overruled. VIII.

Hoy v. Hoy

2024 Ohio 2440 · Ohio Court of Appeals · Jun 18, 2024

He argues that the value is “created by the accumulation of clients over years of operation, which helps the business establish name recognition. … economist, but not a qualified property appraiser.

Helman v. Helman, 2007-T-0093 (5-9-2008)

2008 Ohio 2320 · Ohio Court of Appeals · May 9, 2008

The parties established their marital residence at 5511 Pierce Road, Warren, Ohio. … Helman the sum of $111,000 [from the sale of the condominium] of non-qualified money * * *. {¶ 10} "ATTORNEY [FOR KAREN]: There is $149,000 and change in a title office in Florida.

BAC Home Loans Servicing, L.P. v. Untisz

2013 Ohio 993 · Ohio Court of Appeals · Mar 18, 2013

The documents are titled as follows: (1) Appointment of Superseding Successor Trustee; (2) Affidavit of John Untisz; (3) Qualified Written Request; (4) Notice of Right to Cancel; (5) Notice of Lender’s Default; (6) Modification … No. 09AP-285, 2009- Ohio-6774, ¶19. {¶20} Here, movants attached the evidence necessary to establish each element for foreclosure.

State v. Richcreek

2021 Ohio 636 · Ohio Court of Appeals · Mar 8, 2021

Richcreek maintains that the jury clearly lost its way in this matter because the evidence established that he had reasonable grounds to believe that he was in imminent or immediate danger of great bodily harm or death … Under R.C. 2929.144(B)(1), the maximum prison term for a qualifying felony of the first degree shall be equal to the “minimum term imposed * * * plus fifty per cent of that term.”

Hutton v. Monograms Plus, Inc.

78 Ohio App. 3d 176 · Ohio Court of Appeals · Jan 31, 1992

In this case, the evidence fails to establish that it would have been impracticable to apply an objective standard to the addendum. Hutton presented no evidence of impracticability. … In this case, the franchise agreement was clearly commercial in nature and pertained to matters of financial concern.

Adams v. Cox, 07ca3181 (2-19-2008)

2008 Ohio 719 · Ohio Court of Appeals · Feb 19, 2008

See R.C. 2743.02 (waiver of immunity) and R.C. 2743.03 (Court of Claims established). … Clearly the "transfer" does not determine the action and prevent a judgment. {¶ 6} Because the state had immunity at common law and suits against it were not originally recognized, we believe proceedings under R.C.

State v. Rosas, 22424 (3-27-2009)

2009 Ohio 1404 · Ohio Court of Appeals · Mar 27, 2009

Her testimony here establishes this, and we have previously so found. See *Page 12 State v. Bell , 176 Ohio App.3d 378 , 2008-Ohio-2578 (recognizing Dr. … Furthermore, he failed to establish a particularized need for the grand-jury testimony, saying only that there might be other discrepancies.

C.B. v. B.B.

2025 Ohio 2219 · Ohio Court of Appeals · Jun 26, 2025

In Holloway, the Ohio Supreme Court established that once a separation agreement is incorporated into the divorce decree, the separation is superseded by the decree and elevates the agreement beyond a “commercial transaction … Based on the foregoing, Holloway, Harris, and Hogan are clearly distinguishable to the issue before this court.

Shrader v. Equitable Life Assurance Society of the United States

10 Ohio App. 3d 277 · Ohio Court of Appeals · Aug 23, 1983

However, it is well-established that a party who voluntarily becomes a witness in a civil action and testifies on direct examination in his case as to the details of a transaction waives his right against self-incrimination … As to testimony given by Shrader on cross-examination relative to his meetings with Kinser, he has clearly waived his right against self-incrimination.

State v. McEndree

159 N.E.3d 311 · Ohio Court of Appeals · Sep 21, 2020

A trial court’s findings of no discriminatory intent will not be reversed on appeal absent a determination that it was clearly erroneous. (Citation omitted.) … For similar reasons, we cannot conclude that the trial court’s finding of no discrimination was clearly erroneous. {¶56} Ms.

Catipay v. Humility of Mary Hlt. Partners, Unpublished Decision (3-31-2006)

2006 Ohio 1700 · Ohio Court of Appeals · Mar 31, 2006

Second, as we discuss below, HCQIA clearly reflects a public policy decision to shield peer review committees from liability when performing their peer review functions. … Austin, supra at 734 . {¶ 36} The record shows appellees established they were entitled to immunity under HCQIA.

AE Property Servs., L.L.C. v. Sotonji

2019 Ohio 786 · Ohio Court of Appeals · Mar 7, 2019

This agreement shall be subject to the following inspection(s) by a qualified inspector of Buyer’s choice within the specified number of days from acceptance of binding agreement. … Brothers, 82 Ohio App.3d 148, 151, 611 N.E.2d 492 (12th Dist.1992). {¶24} The agreement here clearly indicated that the Lakewood Property was being sold “as is.”

Nationstar Mtge., L.L.L. v. Billock

2020 Ohio 4723 · Ohio Court of Appeals · Sep 28, 2020

The letter attached to the affidavit averring a first class mailing displays clearly “Sent via Certified Mail 9314 7100 1170 0943 6317 49.” (Robertson Aff. Ex. G). … They contend the affidavit did not establish that Robertson had personal knowledge, as required by Civ.R. 56(E).

State v. Blair

70 Ohio App. 3d 774 · Ohio Court of Appeals · Dec 24, 1990

The mere fact that Cellmark had employees who might have been more qualified does not mean that Stacey was ^qualified. … “The Ohio Rules of Evidence establish adequate preconditions for admissibility of expert testimony [for new scientific processes].

Turner v. Turner

2023 Ohio 1298 · Ohio Court of Appeals · Apr 21, 2023

Accordingly, the brokerage account was a non-tax-qualified account for multiple purposes, including college, as opposed to creating 529 Plans. … During the course of the marriage, the parties established a joint brokerage account to hold non-tax qualified funds, perhaps for educational 12.  purposes or simply for savings/investment.

Maranda v. State

17 Ohio App. 479 · Ohio Court of Appeals · Apr 3, 1923

The state did not depend upon circumstantial evidence alone to establish the guilt of the defendant. Mrs. … It is also claimed that these witnesses did not qualify as experts on second-hand furniture. We hold that they did sufficiently qualify to permit their evidence to go to the jury.