Case law

Shaw v. Access Ohio

118 N.E.3d 351 · Ohio Court of Appeals · Jul 27, 2018

It operates community mental health centers for mental health and substance abuse treatment for individuals who qualify for Medicaid. … However, the record clearly indicates that instead of filing an amended complaint, Shaw, on September 26, filed a response to the motion to dismiss and, alternatively, a motion for leave to amend.

State v. Smith

2019 Ohio 3257 · Ohio Court of Appeals · Aug 14, 2019

(hearsay statement erroneously admitted as an excited utterance because declarant, while still emotional at time of questioning, made statements clearly based on reflective thought). {¶19} Ultimately, Ms. … Faulk’s statements fail to qualify under the “present sense impression” exception.

State v. Wilkie

2017 Ohio 1487 · Ohio Court of Appeals · Apr 24, 2017

The trial court made findings of fact, including that the defense expert’s statement was unsworn and it did not qualify as an affidavit. … The trial court granted Wilkie some leeway in an attempt to establish a defense by allowing him to have an expert analyze the mirrored copy of his computer.

State v. Finley

2019 Ohio 3891 · Ohio Court of Appeals · Sep 26, 2019

This court further noted:  [t]here is no evidence as to who told him the scar would not go away or that the person was qualified to make such a determination. … We find this testimony sufficient to establish that a deadly weapon caused C.B.’s injuries.

Horvath v. City of Broadview Hts., Unpublished Decision (10-7-2004)

2004 Ohio 5379 · Ohio Court of Appeals · Oct 7, 2004

CITY IMMUNITY {¶ 7} In their respective motions for summary judgment, the parties make claims involving statutory immunity and, in order to properly address this appeal, we must first address whether such immunity affects … First, the judge must analyze whether the plain language of the statute grants political subdivisions immunity for personal injuries or death of a person. 10 The second tier analyzes whether, once immunity is established,

Koeller v. Koeller, Ca2006-04-009 (6-18-2007)

2007 Ohio 2998 · Ohio Court of Appeals · Jun 18, 2007

A Qualified Domestic Relations Order ("QDRO") subsequently filed used a coverture fraction of one-half 17/24 (17 years of marriage and 24 years of employment). On February 1, 2004, appellant voluntarily retired. … A party shall not assign as error on appeal the court's adoption of any finding of fact or conclusion of law unless the party has objected to that finding or conclusion under this *Page 5 rule." {¶ 15} It is well-established

Bell v. State

7 Ohio App. 185 · Ohio Court of Appeals · Jun 29, 1917

That the probate court in Ohio is a *190 court of record is established by Section 7, Article IV, of the Constitution of Ohio. … On a review of all these cases, and especially in view of the holding of the United States circuit court cited above and followed in general practice for a half century and more, we are clearly of the opinion that the probate

In re J.P.

2023 Ohio 4816 · Ohio Court of Appeals · Dec 29, 2023

Even though the parties disagree whether the video was from April 19 or some earlier date, the fight depicted in the video is clearly some separate event prior to the stabbing. … “The propriety of the form of the questions employed to establish this lack of present recollection is largely within the discretion of the trial court.” State v. Henning, 6th Dist. Wood No.

In re N.S.

2023 Ohio 3983 · Ohio Court of Appeals · Nov 2, 2023

Given the foregoing, the record clearly demonstrates that the children could not be placed with Mother within a reasonable time or should not be placed with Mother. … With respect to division (c), a planned permanent living arrangement requires a finding that the child is sixteen years of age or older, and therefore the children do not qualify.

Musial Offices, Ltd. v. Cuyahoga Cty.

163 N.E.3d 84 · Ohio Court of Appeals · Nov 25, 2020

’ claims pursuant to sovereign immunity provided by R.C. … It is inconceivable how money belonging to Cleveland could “clearly be traced to particular funds or property” in the BWC’s possession, see Great-West [Life & Annuity Ins. Co. v.

Hedrick v. Center for Comprehensive Alcoholism Treatment

7 Ohio App. 3d 211 · Ohio Court of Appeals · Jun 30, 1982

Appellant argues that these documents support her breach of contract claim because they establish the terms and conditions which the appellees allegedly breached by discharging her. … The constraints within which this court must function upon review of a dismissal for failure to state a claim upon which relief may be granted are well-established.

State v. Cencebaugh

2018 Ohio 2216 · Ohio Court of Appeals · Jun 8, 2018

The court  -3- determined that Cencebaugh was not a “qualified individual” under R.C. 2925.11(B)(2)(a) … factual information in support of the defendant to conclude that the trial court is clearly wrong.”

State ex rel. R.T.G., Inc. v. State

141 Ohio App. 3d 784 · Ohio Court of Appeals · Mar 8, 2001

The activity proposed here, coal mining, would clearly fall under a public-nuisance theory, as it allegedly would adversely affect the village as a whole. … Instead, we apply a qualified nuisance standard.

State v. McLaughlin

4 Ohio App. 2d 327 · Ohio Court of Appeals · Dec 9, 1965

It should be noted at this point that the line of separation that exists between the federal guarantee of free speech and the state’s police power is not a clearly-defined one. … The guilt is established by proof of facts.

State v. Pelmear

2022 Ohio 1534 · Ohio Court of Appeals · May 6, 2022

Appellant and Jennifer retorted that the stop did involve them because Noah is under diplomatic immunity. … Brown testified that he was tasked with investigating appellant’s claims of diplomatic immunity.

Pietrangelo v. Hudson

2019 Ohio 1988 · Ohio Court of Appeals · May 23, 2019

Remetronix, Inc., 298 F.R.D. 531, 534 (S.D.Ohio 2014) (“To demonstrate good cause [for a protective order], the movant must articulate specific facts showing clearly defined and serious injury resulting from the discovery … Cuyahoga Nos. 97998 and 97999, 2012-Ohio-3263, at ¶ 4-6 (plaintiff attempted to have defendant sign a qualified protective order, supported opposition to motion to compel with affidavit specifically listing multiple instances

Alkire v. Alkire

2021 Ohio 186 · Ohio Court of Appeals · Jan 27, 2021

His 2018 income, although lower than the original standard amount of the Final Decree of $86,742, does not qualify under the 25% rule to reduce the spousal support amount to less than the $2,000.00 per … This is not a case where the evidence weighs heavily in favor of the party seeking reversal, and we cannot conclude that the trial court clearly lost its way or created a manifest miscarriage of justice. {¶35} Ms

State v. Myers

2014 Ohio 3384 · Ohio Court of Appeals · Aug 4, 2014

However, a review of the trial court's local rules clearly establishes that a pretrial hearing is not mandatory and is within the trial court's sole discretion. … As a simple review of the record reveals, the trial court's journal entry submitted after Myers' arraignment clearly states the matter had been set for trial on that date.

Village of St. Paris v. Malikov, 2007 Ca 6 (11-21-2007)

2007 Ohio 6260 · Ohio Court of Appeals · Nov 21, 2007

the commission of an offense or constitute unlawful conduct per se, but establishes only a prima facie case under the ordinance. … Based on the evidence presented, Malikov clearly did not have sufficient time to reduce his speed from 55 mph to 35 mph prior to entering the St. Paris limits.

State v. Thornsley

2025 Ohio 5129 · Ohio Court of Appeals · Nov 12, 2025

Next, housekeeping matter before we bring in the jury and in this case, while Ashley and Chad are clearly, they were indicted as co-defendants. … Even if these elements are established, a business record may be excluded from evidence if “the source of information or the method or circumstances of preparation indicate lack of trustworthiness.”