Case law

Brown v. Lane

15 Ohio App. 321 · Ohio Court of Appeals · May 4, 1921

A careful reading of this latter instruction clearly shows that the court fully and clearly explained to the jury the legal force and effect of a testator’s conveying by will his property, not only to his relations but to … I have heretofore given you to establish that one or more or all of these requirements were lacking and absent in James E.

State v. Whitfield

2023 Ohio 4579 · Ohio Court of Appeals · Dec 15, 2023

Moore, 90 Ohio St.3d 47, 48, 734 N.E.2d 804 (2000), appellee argues the Ohio Supreme Court has made clear that “the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable … We must decide if the jury clearly lost its way in resolving conflicts in the evidence to create a manifest miscarriage of justice such that the conviction must be reversed and a new trial ordered. Id.

In re M.L.-P.

2024 Ohio 5346 · Ohio Court of Appeals · Nov 8, 2024

-9- {¶ 15} Under the plain language of R.C. 3109.12(A), paternal grandparents are not qualified to seek court-ordered … R.C. 3109.12(A) “clearly requires demonstration of legal acknowledgment or legal paternity as provided by specific statutes, and the parties’ belief or attitude toward paternity . . . does not substitute for the statutory

Alloush v. Physician Cardiovascular Venture, L.L.C.

2013 Ohio 2400 · Ohio Court of Appeals · Jun 10, 2013

Section 6.2(b) of the operating agreement states: {¶3} The Cardiologist, Qualified Interventional Radiologist, or at least a majority of the Affiliated Physicians of the Qualified Entity, as the … (“Civ.R. 56(C) clearly indicates that the evidence considered on summary judgment must be construed in the light most favorable to the party defending the motion.

State v. Davis

2022 Ohio 1056 · Ohio Court of Appeals · Mar 31, 2022

As amended by the Reagan Tokes Act, the revised code’s sentences for first- and second-degree qualifying felonies violates the constitutions of the United States and the State of Ohio … Based on the authority established by this district’s en banc holding in State v. Delvallie, 8th Dist.

In re A.W.

2016 Ohio 7297 · Ohio Court of Appeals · Oct 13, 2016

Rather than requiring an in-court identification of a defendant, “direct or circumstantial evidence is sufficient to establish the identity of the accused as the person who committed the crime.” … A reviewing court “weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such

State v. Reed

2026 Ohio 687 · Ohio Court of Appeals · Feb 27, 2026

Reed’s residence within established gang territory; 4. … Here, the State introduced evidence of crimes committed by other Bandsfield members to establish that Bandsfield qualified as a criminal gang and that its members engaged in a pattern of criminal gang activity as defined

Brownfield v. McCullion

20 Ohio App. 3d 197 · Ohio Court of Appeals · Aug 16, 1984

prior to the decision in Sand, supra, held that the two-hour provision of R.C. 4511.19 does not preclude the admission of evidence of a chemical test administered more than two hours after, the alleged violation if properly qualified … To establish probable inadmissibility of an untimely R.C. 4511.19 request to submit to a chemical test, it is not necessary that the appellant produce expert testimony conclusively establishing inadmissibility.

Koerper v. Szabo

2019 Ohio 3159 · Ohio Court of Appeals · Aug 6, 2019

Kerner to offer an opinion he had already testified he was not qualified to give. {¶ 18} Appellants contend that Stinson supports their position. … The fact that the jury awarded appellants $0 for future economic and non-economic damages clearly indicates that the jury did not believe that Jamie suffered permanent injuries as a result of the accident.

State v. Barker

128 Ohio App. 3d 233 · Ohio Court of Appeals · Jun 5, 1998

issue which is to be established before them. … He was therefore qualified to render the opinion he gave. *254 Even if the agent was not qualified to give the opinion that the dogs seized in appellant’s home lacked wholesome air and exercise, appellant suffered no prejudice

Aubrey-Dean v. CareSource

249 N.E.3d 910 · Ohio Court of Appeals · Aug 23, 2024

Finally, although she claims that she was “not aware” of any other MCA team members being subjected to coaching as a disciplinary action, the record clearly demonstrates that other team members had been subject to the step … But to qualify as an affidavit, certain requirements must be met.

Dunham v. Ervin

2017 Ohio 7616 · Ohio Court of Appeals · Sep 14, 2017

No. 17AP-79 2 {¶ 3} On January 13, 2012, appellee filed a complaint to establish custody, parenting time, and child support. … Daulton, alleging "abus[e] of immunity," "antagonizing," and "check sitting." (Mot. for Recusal at 1.)

Berger v. Grandview Building Co.

42 Ohio Law. Abs. 99 · Ohio Court of Appeals · Oct 19, 1944

Of course, the testimony to which we have just alluded, if true, established actual notice to the defendant of the defective condition of the flue wall. … It may be inferred that by reasonable inspection of one qualified to determine the fact it could have been learned that this flue wall was unsafe.

Trustees of the Cincinnati Southern Railway v. Roth

2 Ohio App. 195 · Ohio Court of Appeals · Nov 29, 1913

an intention to tax such property of a municipality as is devoted to public or governmental purposes will not be implied, but on the contrary such property will be held to be exempt unless an intention to include it is clearly … Justice Depue, delivering the opinion of the Court of Errors of New Jersey, said: ‘The immunity of the property of the state, and of its political subdivisions, from taxation, does not result from a want of power in the legislature

State Ex Rel. Collins v. Corbin

73 Ohio App. 3d 410 · Ohio Court of Appeals · May 4, 1992

These documents were clearly prepared in anticipation of litigation and are exempt from disclosure to the public. … In conclusion, relator has established a legal right to the records we have deemed public documents in whole or in part.

State v. Miller

2020 Ohio 131 · Ohio Court of Appeals · Jan 15, 2020

, the state does not have to establish a violation with proof beyond a reasonable doubt. … Miller, 37 Ohio St.3d 71, 523 N.E.2d 846(1988). {¶27} The evidence presented at the revocation hearing established P.O.

Cline v. Martin

5 Ohio App. 90 · Ohio Court of Appeals · Dec 11, 1915

establishing fraud or gross and intentional abuse of discretion. … We think this doctrine is well established in this state, and we need only to cite the case of Probasco v.

State v. Brannon

2024 Ohio 510 · Ohio Court of Appeals · Feb 12, 2024

In so doing, the trial court determined that it had already awarded Brannon "all earned jail time credit for each qualified lockdown institution" in which he had been confined pursuant to R.C. 2967.191(A). … Nagle, 23 Ohio St.3d 185, 187 (1986). {¶ 8} The record in this case plainly establishes that, unlike the MonDay Program or a CBCF, the Phoenix Center is a non-lockdown facility that did not prevent Brannon from

Ely v. Brenneman

92 Ohio Law. Abs. 282 · Ohio Court of Appeals · Aug 14, 1963

Brenneman, the duly elected, qualified, and acting judge of the Probate Court of Wayne County, was then assigned to hear these motions. This assignment was made under authority of Section 2101.39, Revised Code. … And we are clearly of opinion, that the jurisdiction now invoked, and which is supposed to have been conferred by statute, is one to be exercised, if at all, ‘at chambers.’

In Re Kayla H.

175 Ohio App. 3d 192 · Ohio Court of Appeals · Nov 16, 2007

That case, however, and the Ohio Supreme Court’s subsequent settling of a conflict among appellate courts, In re C.R., 108 Ohio St.3d 369 , 2006-Ohio-1191 , 843 N.E.2d 1188 , clearly apply this rule only to transfers of legal … All the witnesses qualified as experts in sexual-offender treatment testified that pedophilia is a chronic condition.