Case law

State v. Starks

196 Ohio App. 3d 589 · Ohio Court of Appeals · May 16, 2011

Contrary to Starks’s argument, however, the record clearly indicates that he was charged and convicted of violating R.C. 4511.21(D)(1). … engineering survey.” {¶ 42} In his remaining assignments of error, Starks challenges the sufficiency of Trooper Witmeyer’s testimony with regard to the condition of the laser on the day of the traffic stop and whether he was qualified

Shampton v. City of Springboro, Unpublished Decision (1-11-1999)

Ohio Court of Appeals · Jan 11, 1999

damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunity may be asserted to establish … Clearly, the city manager is empowered to negotiate contracts, along with the city attorney.

State v. Reynolds

186 Ohio App. 3d 1 · Ohio Court of Appeals · Oct 16, 2009

Stanley saw the man clearly, and the man stated that he had a pistol. … By enacting R.C. 2953.71 through 2953.83, the General Assembly chose to allow otherwise qualified inmates the opportunity to take advantage of advances in technology that were not available at the time of their trials.

Cambridge Health Leasing, L.L.C. v. Embassy Cambridge, L.L.C.

2025 Ohio 3278 · Ohio Court of Appeals · Sep 11, 2025

The OTA clearly and unambiguously identified the BWC Distributions as Excluded Assets. Thus, the Distributions were the lawful property of Cambridge. … Embassy argues that the CARES funds qualify as “revenue” under Section 2(C) of the OTA.

Webb v. Ohio Cas. Ins.

2 Ohio App. Unrep. 691 · Ohio Court of Appeals · Apr 16, 1990

The trial court based its dismissal on its understanding that Webb had not met her *694 burden of establishing all elements of a prima facie case for age discrimination. … Webb argues that she met that burden by establishing constructive discharge.

State v. Mundy

168 N.E.3d 882 · Ohio Court of Appeals · Mar 5, 2021

The court held that, had the legislature intended to permit traffic stops based on unaided visual estimates of speed, it “clearly would have allowed for the exception.” Id. at ¶ 14. … The officer who had been operating the radar gun did not testify, so it was not shown that the officer was qualified.

Will Repair, Inc. v. Grange Ins. Co.

2014 Ohio 2775 · Ohio Court of Appeals · Jun 26, 2014

We look to the plain and ordinary meaning of the language used in the policy unless another meaning is clearly apparent from the contents of the policy. Alexander v. … Rptr.2d 374 (although activation of burglar alarm and evidence that office was “out of order” qualified as “physical evidence,” trial court properly determined they did not constitute “physical evidence to show what happened

Chahdi v. Elhassan

2019 Ohio 4472 · Ohio Court of Appeals · Oct 31, 2019

Thus, pursuant to R.C. 3105.171(A)(3)(a)(i), the Berrywood property qualified as marital property. … As we stated above, a gift of real property made during the marriage to one spouse may qualify as separate property. R.C. 3105.171(A)(6)(a)(vii).

State v. Brown

2013 Ohio 1982 · Ohio Court of Appeals · May 16, 2013

Brown’s convictions for attempted rape and kidnapping with a sexual motivation qualify as sexually violent offenses pursuant to R.C. 2971.01. {¶27} R.C. 2971.01(H)(2) provides a list of factors that may be considered … It is well established that “[c]riminal convictions cannot rest upon mere speculation; the state must establish the guilt of the accused by proof beyond a reasonable doubt.” State v.

Beckett Ridge Association-I v. Agne

26 Ohio App. 3d 74 · Ohio Court of Appeals · Sep 9, 1985

The clothesline was clearly visible from adjoining property lots, a street, and the community golf course. … The declaration containing the covenant had no written or defacto guidelines to give notice to an *77 owner as to the kind of fence which would qualify for the governing committee’s consent.

State v. Poulton

2014 Ohio 2602 · Ohio Court of Appeals · Jun 16, 2014

Once the reviewing court finishes its examination, the court may reverse the conviction only if it appears that the fact-finder, when resolving the conflicts in evidence, “‘clearly lost its way and created such a manifest … In Howman, there was clearly sufficient, competent and credible evidence to support the conclusion the appellant had, in fact, consumed alcohol in violation of then existing R.C. 4301.632.

Land Dev. Mgt., L.L.C. v. Lancaster

2012 Ohio 3136 · Ohio Court of Appeals · Jul 9, 2012

'Municipal governing bodies are better qualified, because of their Fairfield County, Case No. 11-CA-47 7 knowledge of the situation, to act upon these matters than are … } "There are hereby established four (4) Commercial Districts.

Adams v. Adams

108 N.E.3d 615 · Ohio Court of Appeals · Mar 12, 2018

the trial court will not have jurisdiction to order child support after the children reach the age of majority, Delaware County, Case No. 17 CAF 08 0061 6 ‘[a] well-established … the hearing on the motion to hold him in contempt that the payments required by paragraph 3 of section 24 were related to tuition only and that when his children were no longer enrolled in an educational program that qualified

Kaeser v. Conover, Unpublished Decision (8-27-2003)

Ohio Court of Appeals · Aug 27, 2003

The motion was based on theories of (1) res judicata and collateral estoppel; (2) the statute of limitations; (3) tort immunity; (4) qualified immunity; (5) failure to state a claim upon which relief could be granted; and … The initial lawsuit centered on whether Kaeser had established a valid nonconforming use on his property and whether Conover's testimony had tainted the BZA proceeding.

Marks v. Welch

2025 Ohio 5362 · Ohio Court of Appeals · Dec 1, 2025

However, the court did not specify in what area it found Roberts qualified as an expert. … He stated that his area of expertise was establishing diminished value in motor vehicles. The 2.

In Re P.G., Ca2006-05-009 (7-23-2007)

2007 Ohio 3716 · Ohio Court of Appeals · Jul 23, 2007

. {¶ 12} Appellant argues that the state failed to provide sufficient evidence to support the court's delinquency finding by failing to establish, beyond a reasonable doubt, that appellant created a fire or explosion or knowingly … Like I said it's usually a pop and all you see is a little smoke." {¶ 55} Appellant's counsel objected to this testimony and argued that the deputy was not properly qualified to testify as to the materials used in such a

In Re Appeal of Smith

1 Ohio App. 2d 214 · Ohio Court of Appeals · Feb 3, 1965

possible and proper under Section 143.23, Revised Code, and the same section provides something of tenure and sets a terminal point in language as follows: ‘ ‘ (A) * * * and if such nominee certified by the director as qualified … This summary of the position of one laid off for reasons of economy clearly indicates that the one laid off continues to hold title to the position which carries with it the right to reinstatement in preference to all other

Vinci v. Ceraolo

79 Ohio App. 3d 640 · Ohio Court of Appeals · Apr 27, 1992

This was clearly improper under Bishop, supra. Accordingly, appellant’s fourth assignment of error should be sustained. … Neither party has proven the requisite ‘bad faith’ to qualify as an exception to the ‘American Rule.’

Stouffer Hotel Management Corp. v. Ohio Unemployment Compensation Board of Review

87 Ohio App. 3d 179 · Ohio Court of Appeals · Apr 13, 1993

To qualify for R.C. 4141.24(F) successor in interest status, the acquiring employer must receive all of the predecessor employer’s assets (see Ohio Adm. Code 4141-17-04) or “substantially all” of its assets. … Appellant having satisfied, at the very least, the factors prescribed in R.C. 4141.24(F) and Ohio Adm.Code 4141-17-03 necessary to establish a substantial transfer of assets as of January 1, 1989, we fail to appreciate how

State v. McDonald

2023 Ohio 4007 · Ohio Court of Appeals · Nov 3, 2023

It allowed for the imposition of indefinite prison sentences for certain qualifying felony offenses. R.C. 2929.14(A)(1)(a) and (2)(a). … Put simply, once the Ohio Supreme Court clearly resolved the arguments raised in Jones, it was no longer necessary for appellate courts to address those same arguments each time they were raised by a new appellant.