Case law

State Ex Rel. Horton v. Shoemaker, Unpublished Decision (10-1-2002)

Ohio Court of Appeals · Oct 1, 2002

Luchette must establish that he had a clear legal right to immediate dismissal of the Theobald complaint as to him, that Judge Shoemaker had a clear legal duty to dismiss him immediately without a hearing, and that Dr. … . {¶ 27} In sum, the complaint alleges that the Court of Claims intends to determine the personal immunity of Dr. Luchette and others, a matter clearly within the court's statutory jurisdiction. By adding Dr.

In re A.A.

2016 Ohio 2992 · Ohio Court of Appeals · May 16, 2016

The juvenile court further noted that A.A. has been given the medical attention she requires now that she has been placed in foster care and that she is current on all her immunizations. The record also indicates A.A.' … Again, because the record firmly establishes that both Mother and Father had their parental rights involuntarily terminated with respect to A.A.'

Durabilt, Inc. v. Testa

2011 Ohio 5781 · Ohio Court of Appeals · Nov 7, 2011

It is not a tax ‘laid directly on persons or property.’ * * * It is a tax assessed for some special privilege or immunity. * * * ‘(Citations omitted.) Howell Air, Inc., v. … The BTA clearly considered the arguments presented by Durabilt, and made the conclusion Durabilt was liable for the use tax assessed.

State, Ex Rel. Thomas v. Ludewig, Commr.

116 Ohio App. 329 · Ohio Court of Appeals · Oct 22, 1962

function is to determine whether such an ordinance is reasonably comprehensive in its application and has a reasonable relation to the preservation of the public health, safety and morals, and, where the ordinahce is so qualified … The burden of establishing such a clear right is on the relator, 35 Ohio Jurisprudence (2d), 461, Mandamus, Section 170.

State v. Boehme

2017 Ohio 8246 · Ohio Court of Appeals · Oct 20, 2017

Miceli was qualified to testify as an expert with respect to abused children, he pointed out that the victim in that case was an adult. … The evidence presented at trial here to establish each of Boehme’s offenses was simple and direct. Jane’s testimony clearly delineates each offense. The first rape occurred when Boehme put his fingers inside her.

Meranda Nixon Estate Wine, L.L.C. v. Cherry Fork Farm Supply Co.

243 N.E.3d 576 · Ohio Court of Appeals · Apr 22, 2024

was needed to establish duty and breach for their negligence-based claims. … "Courts generally agree that violation of a statute will not preclude defenses and excuses—i.e., strict liability—unless the statute clearly contemplates such result." Id. 496.

State v. Payne

2013 Ohio 5230 · Ohio Court of Appeals · Nov 27, 2013

Therefore, we will not reverse the trial court decision based upon plain error unless it has been established that the trial court outcome clearly would have been different but for the alleged error. … First, the defendant must establish a prima facie case of discriminatory use of peremptory challenges by the prosecution.

Wamsley v. Village of West Jefferson, Unpublished Decision (12-7-1998)

Ohio Court of Appeals · Dec 7, 1998

Where the applicable standard of care is clearly established and the facts are undisputed, summary judgment may often be appropriate. This is not such a case. … Prater's affidavit did not establish a standard custom or usage regarding sewer inspection.

Colbert v. City of Cleveland, Unpublished Decision (12-13-2001)

Ohio Court of Appeals · Dec 13, 2001

the parties agree that the City may claim blanket immunity, and that the exception to such immunity applies. … An officer's observation of reckless driving may demonstrate that there is no genuine issue of material fact regarding whether the officer was responding to an emergency call. 17 The foregoing cases clearly establish that

State v. Bravo

2017 Ohio 272 · Ohio Court of Appeals · Jan 25, 2017

While Francis clearly recognizes that R.C. 2943.031(D) enunciates a distinct standard to allow a noncitizen defendant to withdraw her plea where a trial court has failed to give the proper statutory advisement, the statute … The legislature attempted to preserve a non-English speaking criminal defendant’s constitutional rights through enactment of requirements for appointing qualified interpreters.

Brecksville v. Sadaghiani

2021 Ohio 2443 · Ohio Court of Appeals · Jul 15, 2021

Grimm was not qualified to testify to the authenticity of the documents. … The city established venue when Det.

State v. Hudson, 08-Ca-48 (4-22-2009)

2009 Ohio 1954 · Ohio Court of Appeals · Apr 22, 2009

`Confidence in and respect for the criminal-justice system flow from a belief that courts and officers of the courts perform their duties pursuant to established law.' … defendants as required by the law. {¶ 22} "* * * {¶ 23} "Neither constitutional principles nor the doctrine of res judicata requires that sentencing become a game in which a wrong move by the judge or prosecutor *Page 6 means immunity

Kohn, Exrx. v. Kohn

67 Ohio App. 404 · Ohio Court of Appeals · Feb 3, 1941

His widow elected to take under the will, which gave to her all of his property, and on January 11th she qualified as *405 executrix without bond. … Section 10509-159, General Code, seems clearly worded and unambiguous in intendment.

Marcum v. Rice, Unpublished Decision (7-20-1999)

Ohio Court of Appeals · Jul 20, 1999

Qualified privilege, however, can be overcome by a showing that publication was made with "actual malice," that is, with knowledge that the statement was false or with reckless disregard for whether it was false or not. … In the present case, Columbus moved to dismiss plaintiffs' claims arguing that it was immune pursuant to R.C. 2744.02 (A)(1).

Ryan v. Wright, Unpublished Decision (3-6-2007)

2007 Ohio 942 · Ohio Court of Appeals · Mar 6, 2007

Attorneys in Ohio enjoy a qualified immunity from liability to a third party arising out of acts he or she takes while representing a client. Hahn v. Satullo , 156 Ohio App.3d 412 , 2004-Ohio-1057 , at 69. … Clearly, the bequest in Ludwick's will was still potentially subject to possible divestment as long as Ludwick remained alive.

In re Estate of Hatt

47 Ohio Law. Abs. 603 · Ohio Court of Appeals · Feb 17, 1947

From this judgment, Margaret Weisenbach “individually and as the duly appointed, acting and qualified executrix of the will of Anna Hatt” appealed to this Court in Case No. 20551. … Even if he had not established himself as a creditor of the estate of Anna Hatt, the will was “produced by the Executor” in the person of Anna Latham through her agent and representative, Mr. Kistner.

East Ohio Gas Co. v. O'Hara

17 Ohio App. 352 · Ohio Court of Appeals · Apr 14, 1924

The evidence clearly shows that the plaintiff and Sonceri were in the employ of a common master, and that O’Hara was the superior of Sonceri. … Groldlust especially qualified as to his ability to testify in regard to this particular piece of pipe, as he was the one who examined it at the time it was found in its leaky condition.

State v. Ruble

96 N.E.3d 792 · Ohio Court of Appeals · Aug 9, 2017

Eventually, Smithberger decided to cooperate after he received immunity and witness protection. Ruble’s indictment soon followed. {¶15} Howard testified that Ruble hated Lt. … Notwithstanding Ruble’s emphasis on the qualifiers in some of the questions to which Lt.

Jackson v. State

172 N.E.3d 461 · Ohio Court of Appeals · Apr 22, 2021

The cause of action created by the legislature in R.C. 2743.48 constitutes a waiver of the immunity from civil liability that is normally retained by the state. Bundy v. … Without the enactment of R.C. 2743.38, the state would remain immune from such lawsuits. Id.

State v. Boiani

2013 Ohio 1342 · Ohio Court of Appeals · Apr 4, 2013

In order to prevail under a plain error analysis, appellant bears the burden of demonstrating that the outcome of the trial clearly would have been different but for the error. Id. at paragraph one of the syllabus. … I disagree with the majority’s conclusion that the circumstances of this case established that the tip had sufficient indicia of reliability to justify an investigative stop. {¶43} This court has previously explained