Case law

State v. Brown

2016 Ohio 1358 · Ohio Court of Appeals · Mar 31, 2016

Clearly, Patrolman Broadwater did not have access to appellant’s inner thoughts. … “When an accomplice testifies for the prosecution he may have an interest in prevaricating in favor of the prosecution to obtain favors or even immunity.

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.

State v. Hites, Unpublished Decision (8-8-2000)

Ohio Court of Appeals · Aug 8, 2000

We believe that in the case at bar, the state has failed to establish lack of privilege beyond a reasonable doubt. … Similarly, the landlord's rights in limiting common ingress and egress ways to guests of the tenant must also be generally qualified so as to permit access to the renter's apartment." Id. at * * 3.

Greene County Agric. Society v. Mangan, Unpublished Decision (8-13-1999)

Ohio Court of Appeals · Aug 13, 1999

Although we agree with the trial court that "a function need not directly affect all citizens of the state" in order to qualify as a governmental function pursuant to R.C. 2744.01 (C) (1) (b), we are inclined to agree with … According to the Limings, the conduct giving rise to this claim was Mangan's failure to consider certain evidence tending to show that the hogs in question were different animals, his failure to follow established procedures

Hines v. Amole

4 Ohio App. 3d 263 · Ohio Court of Appeals · Jan 22, 1982

The certificate is as follows: “The understructure of the building^) as noted above has been inspected for termites by a qualified Termite Inspector. … V “The judgment of court was contrary to law because there was no proof of the existence of several of the elements required to establish an action for misrepresentation.”

State v. Stonewall

2025 Ohio 4974 · Ohio Court of Appeals · Oct 31, 2025

Until Stonewall reaches the age of 21, he is ineligible for the status of a qualifying adult. … No American is immune from the risk of violence while driving. In fact, former President Ronald Reagan was shot in the side while attempting to enter his presidential limousine, and former President John F.

Arendas v. Coitsville Twp. Bd. of Trustees, 07-Ma-129 (12-9-2008)

2008 Ohio 6599 · Ohio Court of Appeals · Dec 9, 2008

. {¶ 6} On July 3, 2007, the trial court determined that appellants had "failed to meet their burden that the Zoning Resolution is clearly arbitrary and unreasonable, having no substantial relation to public health, safety … Municipal governing bodies are better qualified, because of their knowledge of the situation, to act upon these matters than are the courts." Leslie v.

Dollries v. Dollries

2014 Ohio 1883 · Ohio Court of Appeals · May 5, 2014

amount of credible evidence sustains the issue which is to be established before them. … the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified

State ex rel. Glover v. Industrial Commission

27 Ohio Law. Abs. 506 · Ohio Court of Appeals · May 2, 1938

We perceive no reason why the relator, with full knowledge of her rights and represented by qualified counsel, should not waive her right to proceed further on her application for rehearing and dismiss her claim. … It is essential to mandamus that the obligation of the respondent to act as prayed in the petition clearly appear. The relator has not met this burden of prooof and the writ must therefore be denied.

Jackson v. Columbus, Unpublished Decision (9-29-2006)

2006 Ohio 5089 · Ohio Court of Appeals · Sep 29, 2006

On June 6, 2003, the trial court entered partial summary judgment in favor of the city, finding that the city would be immune from liability if the evidence established that the alleged defamation was intentional. … Appellees invoke only the qualified or conditional public interest privilege recognized in Ohio.

Eva v. Eva, 2007-P-0062 (12-31-2008)

2008 Ohio 6986 · Ohio Court of Appeals · Dec 31, 2008

Instead, we note that R.C. 3105.18 (F) provides that any relevant factor can qualify as a change in circumstances for the purpose of modifying a spousal support order, including "any increase or involuntary decrease in [a … Moreover, the trial court clearly stated its intention to follow R.C. 3105.18 (F) when deciding whether to make any future modifications to the award.

State v. Tupuola

2021 Ohio 2577 · Ohio Court of Appeals · Jul 27, 2021

Under the Reagan Tokes Law, qualifying first- and second-degree offenses committed on or after March 22, 2019 are subject to the imposition of an indefinite prison term. … burden to establish by a preponderance of the evidence that they are not the principal offender.

State v. Coons

225 N.E.3d 1196 · Ohio Court of Appeals · Sep 29, 2023

Instead, the State cites the prohibition on earned credit for “an offense of violence” found in R.C. 2967.193(A)(3). 1 The State argues that Coons’ act of corrupting his daughter with drugs qualified as an offense of violence … The record is devoid of evidence identifying the Schedule III, IV, or V drug at issue or establishing that it had any physiological effect on Coons’ daughter.

Springfield v. State

2016 Ohio 725 · Ohio Court of Appeals · Feb 26, 2016

A statute qualifies as a general law if it satisfies four criteria. … R.C. 4511.21(I) limits the ability of municipalities to establish their own speed limits.

State v. Wilkins

2020 Ohio 3428 · Ohio Court of Appeals · Jun 23, 2020

The doctrine is not applicable where the defendant fails to establish multiple instances of harmless error during the trial. … . {¶ 54} In the instant case, appellant has failed to establish multiple instances of harmless error.

Pla v. Cleveland State Univ.

2016 Ohio 8165 · Ohio Court of Appeals · Dec 15, 2016

of the alleged discrimination; (2) was discharged; (3) was qualified for the position; and (4) was replaced by, or the discharge permitted the retention of, a person of substantially younger age. … The employer must clearly set forth, through the introduction of admissible evidence, a reason or reasons for its action which, if believed, would support a finding that unlawful discrimination was not the cause of the employment

CACH, L.L.C. v. Donohue

2017 Ohio 5672 · Ohio Court of Appeals · Jul 3, 2017

Donohue further disputed CACH's standing to pursue the alleged debt and argued that the two affidavits did not clearly indicate that CACH purchased the debt. … An account must show the name of the party charged and contain: (1) a beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum); (2) listed

Callos Professional Employment v. Greco, 06 Ma 172 (9-17-2007)

2007 Ohio 4983 · Ohio Court of Appeals · Sep 17, 2007

reveal any evidence establishing this fact. … Since Broyles was a qualified expert, it was not unreasonable for the trial court to rely on his opinion. Furthermore, there is no evidence showing that the nonoperating assets were worthless.

Stutz v. Ohio Dep't of Job & Family Servs.

96 N.E.3d 963 · Ohio Court of Appeals · Aug 21, 2017

(1) The individual may rebut the presumption established under paragraph (C) of this rule. … And since Stutz contests the Agency’s -12- Case No. 15-17-02 valuation process, Administrative Appeal No. 1852060 is clearly distinguishable.

State v. Strebler

2013 Ohio 1775 · Ohio Court of Appeals · May 1, 2013

Strebler does not contest that his prescription medications qualify as drugs of abuse under Section 4511.19. … Based on the record that is before this Court, we are unable to say that the trial court clearly lost its way when it found that it was Mr.