Case law

State v. Swing

98 N.E.3d 828 · Ohio Court of Appeals · Oct 2, 2017

As a result, the Supreme Court established a two-prong test the prosecution must satisfy when a witness claims his or her immunized testimony was used: (1) the government must deny any use of the witness' own immunized testimony … "[T]he burden is on 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.

State v. Singleton

2025 Ohio 4849 · Ohio Court of Appeals · Oct 23, 2025

In Dowdell, the divided majority concluded that although the State agreed to a definite sentence under R.C. 2929.14 for a qualifying felony offense as part of the plea deal with the defendant, despite the offense being … Payne, 2007-Ohio-4642, ¶ 17 (“To prevail under a plain error analysis, the appellant bears the burden of demonstrating that, but for the error, the outcome of the trial would clearly have been different.”).

Natale v. City of Rocky River, 90819 (11-13-2008)

2008 Ohio 5868 · Ohio Court of Appeals · Nov 13, 2008

The court held that the city was immune from liability as a matter of law because Natale did not establish a triable issue of fact as to whether the officer driving the police car acted in a willful or wanton manner. … An extended analysis of the law relating to sovereign immunity under R.C. Chapter 2744 is unnecessary because the parties agree that Hill was responding to an emergency call, therefore establishing prima facie immunity.

Esber Beverage Co. v. Labatt USA Operating Co., L.L.C.

2012 Ohio 1183 · Ohio Court of Appeals · Mar 12, 2012

THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT CONCLUDED THAT THE APPELLANTS WERE REQUIRED TO BE MANUFACTURERS AT THE TIME OF THE PURCHASE OF ASSETS TO QUALIFY AS A ‘SUCCESSOR MANUFACTURER … The statute clearly gives a successor manufacturer a narrow window of time in which to determine whether it wants to keep the franchise agreements with distributors it assumed from its predecessor, or whether it wants to

State v. Maust

2016 Ohio 3171 · Ohio Court of Appeals · May 26, 2016

depicted in the exhibits. {¶27} When dealing with chain of custody matters, the state bears the burden of establishing the proper chain of custody. … it must review the entire record, weigh all of the evidence and all of the reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the factfinder clearly

Lockshin v. Blue Cross

70 Ohio App. 2d 70 · Ohio Court of Appeals · Oct 1, 1980

Without such a right, an orderly establishment, administration and dispensation of insurance benefits would be virtually impossible. … Further, the record clearly shows that Carolyn experienced no discomfort, outside those routinely associated with the surgery and routinely handled by the professional team in a maternity ward.

State v. Ritchey

2023 Ohio 1625 · Ohio Court of Appeals · May 15, 2023

“The jury then determines whether sufficient evidence has been presented to establish venue * * *.” … the issue which is to be established before them.

Morlatt v. Johnson

2022 Ohio 4155 · Ohio Court of Appeals · Nov 17, 2022

The trial court clearly lost its way and created such a manifest miscarriage of justice that the judgment must be reversed. … “A private nuisance may be categorized as either an absolute or a qualified nuisance.” Adkins v. Boetcher, 4th Dist. Ross No. 08CA3060, 2010-Ohio-554, ¶ 16.

State v. Delawder

2012 Ohio 1923 · Ohio Court of Appeals · Apr 25, 2012

Id. at ¶13. {¶25} Even if we presume Delawder qualified for an involuntary manslaughter Scioto App. … not establish ineffective assistance of counsel.

In re U.B.

2025 Ohio 1265 · Ohio Court of Appeals · Apr 10, 2025

weight in permanent custody cases, we “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 … At the time of trial, U.B. no longer qualified for temporary custody. As such, this finding is satisfied. c.

State v. Boles

190 Ohio App. 3d 431 · Ohio Court of Appeals · Nov 12, 2010

It clearly bothered Glenn enough to take the initiative to tell Key when she saw Key return home that night. … The trial court clearly determined that Hodrick’s testimony that Key had been upset after hearing what had happened at her house that evening qualified as an excited utterance.

Sparks v. American Life & Accident Indurance Co. of Kentucky

31 Ohio Law. Abs. 613 · Ohio Court of Appeals · Apr 5, 1940

These statutes were passed for very definite purposes and there is statutory finality as to their correctness and immunity from attack under the conditions named in the statute. … We think the court in his charge clearly brought the matter to the attention of the jury, ieaving it to determine wheth- or not the asthmatic condition was such a health condition as established the fact that the insured

State v. Reymann

55 Ohio App. 3d 222 · Ohio Court of Appeals · Jan 4, 1989

The statements from the three witnesses were clearly hearsay. McHenry’s observation of brown paint on one of the vehicles, in and of itself, does not lead to an inference that a hit-skip occurred at another location. … As to dismissal, the United States Supreme Court has stated that a criminal defendant “cannot claim immunity from prosecution simply because his appearance in court was precipitated by an unlawful arrest.

Wilson v. Wilson

2023 Ohio 3521 · Ohio Court of Appeals · Sep 29, 2023

The bonuses, therefore, both qualified as income in the years Husband received them and, because he retained them, became a marital asset subject to equitable division. … This Court “weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the [finder of fact] clearly lost its way * * *.”

White v. Moody

24 Ohio App. 3d 176 · Ohio Court of Appeals · Jun 20, 1985

While Pangalangan was the “supervising physician,” and indeed the only physician at the workhouse, the nature of his employment was clearly such that he was not acting under color of state law. … Blank, qualified by the court as an expert witness, testified that Dr.

State v. Worship

2022 Ohio 52 · Ohio Court of Appeals · Jan 10, 2022

photographs of the records, of a hospital * * * in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified … s testimony independently established that appellant was aware he was HIV positive prior to engaging in sex with her on June 23, 2019. Specifically, after J.S.

State v. Opp

2014 Ohio 1138 · Ohio Court of Appeals · Mar 24, 2014

During the trial, the State elicited the testimony of a pharmacist, Kari Wedge, who was qualified as an expert witness regarding the interpretation and dispensing of prescription medications. … She is claiming that the trial was “fundamentally flawed” because “the State was given a free pass and, in essence, absolute immunity from having to follow Crim.R. 16(K).” (Appellant’s Br. at 9.)

State v. Conkle

2019 Ohio 4242 · Ohio Court of Appeals · Oct 16, 2019

The record clearly  5 establishes that the officers did not have consent to enter the residence to search for Mr. Hartman. … “‘Privilege’ means an immunity, license, or right conferred by law, or bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.” R.C. 2901.01(A)(12).

State v. Byrd

2012 Ohio 5728 · Ohio Court of Appeals · Dec 6, 2012

Prior to the H.B. 86 amendment, R.C. 2925.11 required in excess of 25 grams and less than 100 grams of crack cocaine for the possession offense to qualify as a first-degree felony. See, e.g., State v. Limoli, 10th Dist. … Constructive possession may be established by circumstantial evidence. State v. Baird, 8th Dist.

Menon v. Stouder Memorial Hosp, Unpublished Decision (2-21-1997)

2006 Ohio 4061 · Ohio Court of Appeals · Feb 21, 1997

The trial court erred in granting summary judgment based on Defendants-Appellees being entitled to immunity under the Health Care Qualified Immunity Act of 1986. III. … In September or October, 1992, an on call schedule was established for obstetrical anesthesia coverage, and in November, 1992, Stouder established a policy for the Anesthesia Department that anesthesiologists were to remain