Case law

In re B.B.C.

2024 Ohio 588 · Ohio Court of Appeals · Feb 15, 2024

Father’s case plan objective included establishing paternity for the child, which he did satisfy. … The evidence clearly and convincingly supports this finding.

Protzman v. Painesville, Unpublished Decision (6-1-2005)

2005 Ohio 3404 · Ohio Court of Appeals · Jun 1, 2005

In other words, appellant is claiming that Cox made promises to issue a building permit for what is clearly an impermissible use. … Accordingly, political subdivision immunity acts as a bar to appellant's claim against appellee.

State v. Eicholtz

2013 Ohio 302 · Ohio Court of Appeals · Feb 1, 2013

The State’s evidence established that several other people were present in the home. … This testimony supports a finding that his statements to her about what he had seen qualified as excited utterances.

State v. Weller

246 N.E.3d 747 · Ohio Court of Appeals · Jul 3, 2024

He explained that he had been granted immunity from prosecution in exchange for his testimony. … Vacancy or non-use, alone, does not establish abandonment. State v. Strait, 5th Dist. Ashland No. 15-COA-043, 2016-Ohio-7200, ¶ 22.

State v. Harper, 07 Ca 151 (12-30-2008)

2008 Ohio 6926 · Ohio Court of Appeals · Dec 30, 2008

, when reviewing whether a judgment is against the manifest weight of the evidence, this court reviews the record, weighs the evidence, considers the credibility of the witnesses and determines whether the trier of fact clearly … It was also established by Ms. Bevans' testimony that appellant was in the residence that morning playing video games and that he had been burning materials in the backyard.

State v. Garrett

2019 Ohio 2672 · Ohio Court of Appeals · Jul 1, 2019

Thus, the supreme court made clear that not all private positions of trust qualify as a "position of trust" under R.C. 2929.13(B)(1)(b)(viii). {¶ 35} As detailed by the majority opinion, upon recognizing the limited … Garrett's lack of higher education and wages do not suggest that she is qualified to provide health care.

Nicholas v. Yellow Cab Co.

116 Ohio App. 402 · Ohio Court of Appeals · Oct 17, 1962

These instructions concerned the duty required of a party to an action in negligence where the evidence tends to establish a “sudden emergency” and the law relating to the obligation of a driver of a motor vehicle not to … As to the second specification of negligence (No. 3 above), there is no legal duty imposed upon the defendant to exercise “the highest degree of care” that is not qualified by the condition that the exercise of such care

Flowers v. City of Whitehall, Unpublished Decision (8-1-2002)

Ohio Court of Appeals · Aug 1, 2002

." * * * The [reviewing] 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 … Dorman (1994), 33 F.3d 472 , 477 ("In suits alleging illegal arrest, the qualified immunity determination turns on whether `a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established

City of Akron v. Rasdan

105 Ohio App. 3d 164 · Ohio Court of Appeals · Jun 21, 1995

appears to focus only on the processes by which life, liberty, or property is taken, the cases are legion in which those Clauses have been interpreted to have substantive content, subsuming rights that to a great extent are immune … The Akron knife provision clearly encompasses within its scope of criminal liability an unreasonable amount of activity that is inherently innocent, harmless, and useful.

State v. Steward

159 N.E.3d 356 · Ohio Court of Appeals · Sep 22, 2020

evidence, an appellate 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 jury clearly … No. 19AP-28 23 {¶ 81} On review, we conclude the jury did not clearly lose its way or create a manifest miscarriage of justice in returning

State v. Rich

2018 Ohio 1226 · Ohio Court of Appeals · Mar 30, 2018

Although Proud did not refer to herself as the “custodian” of the records, she undoubtedly was at least an “other qualified witness” within the meaning of Evid.R. 803(6), which enabled her to lay a foundation establishing … Proud at least arguably did qualify the buy tickets as business records.

State v. Gipp

2017 Ohio 8907 · Ohio Court of Appeals · Dec 8, 2017

After reviewing the evidence, we cannot say the trial court clearly lost its way and created a manifest miscarriage of justice. … A trial court has broad discretion to determine whether a witness qualifies as a hostile witness.

Lynch v. Studebaker, 88117 (8-9-2007)

2007 Ohio 4014 · Ohio Court of Appeals · Aug 9, 2007

Wuliger (1986), 25 Ohio St.3d 229 , filing a counterclaim and thereafter communicating its existence to others is privileged and thus, they are immune from Lynch's defamation claim. … Lastly, Lynch's replacement was a younger and less qualified person.

State v. Cornwell

2015 Ohio 4617 · Ohio Court of Appeals · Nov 9, 2015

In sum, we simply cannot conclude that the jury clearly lost its way when it determined that Cornwell did not act in self-defense. 3. … The term “privilege” means “an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.”

Ricketts v. Ricketts

109 Ohio App. 3d 746 · Ohio Court of Appeals · Mar 11, 1996

The trial court is directed to recalculate the amount of appellant’s pension fund to which appellee is entitled in accordance with the formula established in the divorce decree and the coverture fraction as established in … Further, the Ohio Supreme Court has clearly and expressly indicated that spousal support awards “should possess a degree of finality and certainty.” Ressler, 17 Ohio St.3d at 18 , 17 OBR at 15, 476 N.E.2d at 1033 .

State v. Hari

2016 Ohio 2987 · Ohio Court of Appeals · May 16, 2016

According to Deputy Lenhardt, the entire time he was “clocking the subject, he was clearly in the 25 mile an hour zone.” (Id. at 14). … the device and its method of operation in determining the speed of the approaching vehicle, (2) evidence that the device is in good condition for accurate work, and (3) evidence that the officer using the device is one qualified

Carasalina, L.L.C. v. Smith Phillips & Assocs.

2014 Ohio 2423 · Ohio Court of Appeals · Jun 5, 2014

"To establish a prima facie case for money owed on an account, a plaintiff must demonstrate the existence of an account, including that the account is in the name of the party charged, and it must also establish (1) a beginning … "A trial court is not required to use the terms 'willfulness or bad faith' in a dismissal order, so long as such behavior can be established from the record." Id.

Silver Lining Group EIC Morrow Cty. v. Ohio Dept. Edn. Autism Scholarship Program

2017 Ohio 7834 · Ohio Court of Appeals · Sep 26, 2017

The statute states that ODE "shall pay a scholarship to the parent of each qualified special education child upon application of that parent." R.C. 3310.41(B). … Appellants had the burden to establish their unjust enrichment claim by a preponderance of the evidence. San Allen at ¶ 115.

State v. Lenard

2018 Ohio 3365 · Ohio Court of Appeals · Aug 23, 2018

We disagree; McKinley was a qualified witness under Evid.R. 803(6). {¶59} The phrase “other qualified witness” does not necessarily mean that the witness must have firsthand knowledge of the transaction giving rise … Finally, Lenard fails to demonstrate that the outcome of the trial clearly would have been different.

In re R.H.

97 N.E.3d 1256 · Ohio Court of Appeals · Sep 27, 2017

Thus, the Supreme Court favorably quoted the phrase "inconvenience, annoyance, or alarm" contained in section (A) as providing "specific factors" to qualify the prohibited conduct in subsection (A)(2). … appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly