Case law

Cobb v. Mantua Township Bd. of Trustees, Unpublished Decision (12-14-2001)

Ohio Court of Appeals · Dec 14, 2001

In addition, appellees also asserted several affirmative defenses, including, inter alia , absolute/qualified immunity under R.C. Chapter 2744. … However, "`mere negligence is not converted into wanton misconduct unless the evidence establishes a disposition to perversity on the part of the tortfeasor.'" Id ., quoting Roszman v.

State v. Moffitt

2016 Ohio 5861 · Ohio Court of Appeals · Sep 16, 2016

Collection of DNA Evidence {¶ 31} In his first assignment of error, Moffitt claims that the state failed to establish that Deputy Kotsopoulos was qualified to collect DNA evidence from Moffitt, Ramsey, and Dendy … to collect DNA, he neglects to describe what qualifications the state was required to establish.

Chapman v. Chapman, 21652 (6-15-2007)

2007 Ohio 2968 · Ohio Court of Appeals · Jun 15, 2007

This section clearly provides that the parents may not attend. … *Page 12 {¶ 43} "We emphasize that we may not `restrict, constrict, qualify, narrow, enlarge, or abridge' the clear meaning of a statute. In Wachendorf v.

Kennedy v. Heath Bd. of Zoning Appeals

2025 Ohio 4440 · Ohio Court of Appeals · Sep 23, 2025

The entire sign must conform to the height, size, setback, and location requirements currently established for respective zoning district[s]. 3. Style and brightness. … Despite any deference given to the BZA in interpreting the ordinance language, “the scope of restrictions cannot be extended to include limitations not clearly prescribed.” Id. at ¶ 34.

In re J.L.

2023 Ohio 1127 · Ohio Court of Appeals · Apr 5, 2023

Clear and convincing evidence is that which will “produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” … court [reviews] the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the [trier of fact] clearly

Faour v. C.M. Media, Unpublished Decision (11-16-1999)

Ohio Court of Appeals · Nov 16, 1999

Once a prima facie case for defamation is established, a defendant may avoid liability by establishing the defense of a qualified privilege. Mosley v. Evans (1993), 90 Ohio App.3d 633 , 636 . … Once a defendant successfully establishes the defense of qualified privilege, the plaintiff may not recover for defamation unless he can present clear and convincing evidence that the defamatory statements were made with

State v. Belcher

2019 Ohio 1468 · Ohio Court of Appeals · Apr 19, 2019

At sentencing, the trial court advised the defendant, who also satisfied the criteria under R.C. 2929.13(B)(1)(a), that she was qualified to go to prison under R.C. 2929.13(B)(1)(b)(ii). … That is to say, the trial court was not presented  -9- with any evidence establishing that the delay in medical treatment caused by

Rogers v. Schuller

27 Ohio Law. Abs. 449 · Ohio Court of Appeals · Apr 15, 1938

Bruce Rogers was appointed and qualified as executor under the will and subsequently, on March 13, 1924, was by the Probate Court of Mahoning County appointed and qualified as testamentary trustee and is still acting as such … From the last cited case, at p. 375 of the opinion we quote: “But both principle and authority clearly establish the doctrine that where the legal estate is in a trustee competent to protect it. adverse possession will become

Ohio Dist. Council, Inc. of the Assemblies of God v. Speelman

114 N.E.3d 285 · Ohio Court of Appeals · Oct 29, 2018

. {¶ 2} Christian Assembly of God ("Christian Assembly") was a church located in Middletown, Ohio and was established in 1968. … Palmer testified at length concerning his background with ODC and was qualified to offer an opinion as to rents based on his involvement with other AOG churches.

State v. Zink

2026 Ohio 868 · Ohio Court of Appeals · Mar 16, 2026

courts have permitted lay witnesses to express their opinions in areas in which it would ordinarily be expected that an expert must be qualified under Evid.R. 702." … Kaaz, 2017-Ohio-5669, ¶ 102 (12th Dist.). {¶ 28} Here, the prosecutor's comments about defense counsel, when viewed holistically, clearly sought to establish to the jury that Harmon was never meant to testify

State v. Frakes, 07ca0013 (8-15-2008)

2008 Ohio 4204 · Ohio Court of Appeals · Aug 15, 2008

R. 201(A)]; therefore, the use of judicial notice was technically not appropriate sub judice. {¶ 44} The NHTSA manual qualifies as a self-authenticated exhibit under Evid. … Books, pamphlets, or other publications purporting to be issued by public authority." {¶ 47} Because the manual was used in cross-examination and because it qualifies under Evid.

Jetter v. Abbott, Unpublished Decision (7-31-2000)

Ohio Court of Appeals · Jul 31, 2000

Accordingly, the Board raised issues of qualified and absolute immunity, and asked the court to declare that the Board and its employees were immune from suit under R.C. Chap. 2744. … Nonetheless, these claims still do not qualify as "special proceedings," because they are not "specially created by statute."

State v. Graham, Unpublished Decision (6-14-2004)

2004 Ohio 3019 · Ohio Court of Appeals · Jun 14, 2004

Therefore, the record does not clearly show that Graham was immune from prosecution on the charge of possession of a dangerous ordnance. {¶ 16} In relation to this plea agreement, Graham asserts that his trial counsel was … As we established above, the record does not show that Graham was indisputably immune from prosecution of possession of a dangerous ordnance.

State v. Baker

2026 Ohio 2245 · Ohio Court of Appeals · Jun 15, 2026

O’Reilly, also a forensic clinical psychologist, was qualified and then recognized by the trial court to be an expert in that field. … To establish ineffective assistance of counsel, the appellant bears the burden of establishing “(1) deficient performance by counsel, i.e., performance falling below an objective standard of reasonable representation,

In re Dn.R.

2020 Ohio 6794 · Ohio Court of Appeals · Dec 21, 2020

manifest weight of the evidence, the 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 … In support of their case in opposition to the Agency’s motion for permanent custody, the parents sought to establish that Mother qualified for 24-hour assistance through the SCBDD to help her parent Dn.R. in their home

McCreary v. Taylor Cadillac, Inc.

2025 Ohio 2562 · Ohio Court of Appeals · Jul 21, 2025

However, in her response to the motion to compel arbitration, she disputed whether the contract was assigned and whether GLS qualified as an assignee. … Thus, McCreary has not established that the trial court erred by referring GLS to arbitration alongside Taylor Cadillac at this juncture.

Schiff v. Schiff

36 Ohio Law. Abs. 626 · Ohio Court of Appeals · Jun 30, 1942

Finally, it is asserted that any offense which may have been proven clearly has been condoned by the appellee. … Morris Schiff denies its receipt, and it does not clearly appear that it was received by him.

State v. Whitman

182 N.E.3d 506 · Ohio Court of Appeals · Dec 22, 2021

fifth degree that is not an offense of violence or that is a qualifying assault offense if any of the following apply: *** (iv) The offense is a sex offense that is a fourth or fifth … continuance fail because they involve “strategic choices of counsel that [fall] within the realm of trial strategy and tactics that will not ordinarily be disturbed on appeal”). {¶ 56} Moreover, appellant fails to establish

Estate of Aukland v. Broadview NH, L.L.C.

2017 Ohio 7332 · Ohio Court of Appeals · Aug 24, 2017

. {¶ 11} We first note that a complaint that contains a "medical claim" must include "one or more affidavits of merit relative to each defendant named in the complaint for whom expert testimony is necessary to establish … Appellee opposed the affidavit as not satisfying the requirement of Civ.R. 10(D)(2) on the ground that a nurse is not qualified to express an opinion on proximate cause in a medical malpractice action.

State v. Harris

2020 Ohio 4600 · Ohio Court of Appeals · Sep 24, 2020

An alleged error "does not constitute a plain error ... unless, but for the error, the outcome of the trial clearly would have been otherwise.” State v. … The fact that Bess received a different sentence does not in and of itself establish that Harris was punished for using Suboxone.