Case law

State v. Ferricci

2022 Ohio 1393 · Ohio Court of Appeals · Apr 28, 2022

“clearly had not had any of the necessary training, not for dealing with a very small child.” Dr. … Clearly, Dr. McPherson was not testifying as a lay witness because she had no firsthand knowledge of the subject of her testimony.

State v. Gragg

173 Ohio App. 3d 270 · Ohio Court of Appeals · Sep 17, 2007

testimony is first established.” … Based on McKee and Vogel, we find that Lieutenant Pierce was qualified to testify as a lay witness.

Boggs v. Bowling Green, Unpublished Decision (8-1-2003)

Ohio Court of Appeals · Aug 1, 2003

Furthermore, this presumption of constitutionality will be overcome only if it clearly appears that a law is in direct conflict with the Constitution. Ohio Public Interest Action Group v. Pub. Util. … Likewise, it did not rule that R.C. 2744 et seq. provides the only means to establish immunity for political subdivisions.

Watters v. Ross County Children's Services, Unpublished Decision (2-18-2000)

Ohio Court of Appeals · Feb 18, 2000

Once immunity is established under R.C. 2744.02 (A)(1), the court must determine whether any of the five exceptions to immunity in subsection (B) apply. Cater v. Cleveland (1998), 83 Ohio St.3d 24 , 28 . … RCCS is clearly a political subdivision of the State of Ohio for governmental immunity purposes. See Wilson v. Stark Cty. Dept. of Human Serv. (1994), 70 Ohio St.3d 450 , 453 .

Drumm v. Blue Cross

40 Ohio App. 2d 421 · Ohio Court of Appeals · Jan 17, 1974

clearly established by the policy. … ; she was therefore provided ordinary high school classes on a daily basis (Tr. 99); she attended five, 45-minute long classes a day; she *428 was graded in her subjects, and passed them all (Tr. 150); she was therefore qualified

State v. Thompson

185 Ohio App. 3d 639 · Ohio Court of Appeals · Jan 22, 2010

At trial, the knife and sheath were admitted into evidence. {¶ 11} Following Shields’s testimony, Thompson moved the court for a judgment of acquittal pursuant to Crim.R. 29, arguing that the state failed to establish that … It appears to have about a three inch blade and the court finds that it does qualify as a deadly weapon.” {¶ 12} Roy Williams, Thompson’s employer for five years, testified for Thompson.

In re C.H.

2025 Ohio 5351 · Ohio Court of Appeals · Nov 26, 2025

(b) The child has been in the agency’s custody for two years or longer and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Ohio Revised Code. … The statute clearly empowers juvenile courts to “consider any other factors the court deems relevant.” R.C. 2151.414(E)(16).

State v. Mitchell

2014 Ohio 5070 · Ohio Court of Appeals · Nov 14, 2014

No evidence was presented at trial that established when Mitchell acquired any of the three weapons. … Therefore, the digital scale (which contained drug residue) located in Mitchell’s dresser clearly qualifies as “drug paraphernalia” as contemplated under R.C. 2925.14.

State v. Boyd

6 Ohio App. Unrep. 58 · Ohio Court of Appeals · Aug 21, 1990

Although it is difficult to establish a time pat., existence of the scratches and marks, plus the proximity to the call as to the fire, tend to establish that only a short time had intervened from the event to the declaration … General Tire and Rubber Co. (1983), 10 Ohio App. 3d 186 , 460 N.E. 2nd 1377, it is stated: "Considerations that are to be taken into account to determine whether an utterance qualifies as an excited utterance under the exception

Day v. Middletown-Monroe City School Dis., Unpublished Decision (7-17-2000)

Ohio Court of Appeals · Jul 17, 2000

The local boards of education manage and control the public schools within their respective districts, R.C. 3313.47 , but the district boards' powers are limited to the extent that those powers are clearly and distinctly … A violation of R.C. 4511.75 (E) does not establish the exception to immunity provided by R.C. 2744.02 (B)(5).

State v. Watters

2016 Ohio 8083 · Ohio Court of Appeals · Dec 9, 2016

The 911 call clearly occurred during an ongoing emergency, as the caller was in the middle of a shoot-out on a public highway. … In my view, this record establishes ineffective assistance of counsel.

Gringo v. Hanak

2026 Ohio 1452 · Ohio Court of Appeals · Apr 23, 2026

Gingo commits insurance fraud. 5 The expression of an opinion is generally immune from liability under the Ohio and United States Constitutions. Montgomery at ¶ 33, citing Mehta v. … If a claimant establishes a prima facie case of defamation, a defendant “may invoke the defense of ‘conditional’ or ‘qualified privilege.’” A & B-Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr.

State v. Morgan

2026 Ohio 1296 · Ohio Court of Appeals · Apr 9, 2026

Although Owens’ affidavit neglects to identify her employment or contain any reasons why she may be qualified to address issues regarding a video’s metadata, it is readily apparent from her testimony that she is not an … , Owens clearly admits that she has already reviewed the metadata that Appellant seeks to review, here, as she specifically stated that “no other data appears in the metadata” and also that she “ran a meta data program.

State Ex Rel. Gallon & Takacs Co., L.P.A. v. Conrad

123 Ohio App. 3d 554 · Ohio Court of Appeals · Dec 4, 1997

The Health *556 Partnership Program requires that in order to qualify for workers’ compensation benefits, injured workers must have their claims medically managed by managed-care organizations (“MCOs”) 1 certified by BWC. … It is axiomatic that an administrative agency has no existence or authority beyond the statutes and may exercise only powers that are clearly granted by the General Assembly. State ex rel. Godfray v.

State v. Warnock

2024 Ohio 382 · Ohio Court of Appeals · Feb 5, 2024

Warnock's Arguments on Appeal {¶ 23} Warnock argues that Alex's "responses" to Sergeant Heflin's questions are hearsay statements, concluding that Alex's "answers plainly qualified as statements under Evid. … There was no impact on the verdict, any such error was harmless beyond a reasonable doubt, and the remaining evidence clearly establishes Warnock's guilt beyond a reasonable doubt.

State v. Hemmelgarn

2019 Ohio 2034 · Ohio Court of Appeals · May 24, 2019

The portion of her testimony quoted above establishes the essential elements of both offenses. Hemmelgarn’s various arguments challenge Susan’s credibility and the believability of her trial testimony. … Cuyahoga No. 105442, 2017-Ohio-8488, and Shine, 2018-Ohio-1972, 113 N.E.3d 160, the trial courts qualified officers as experts in data extraction using Cellebrite.

Grange Mut. Ins. Co. v. Patino

2020 Ohio 466 · Ohio Court of Appeals · Feb 11, 2020

As the above statute clearly indicates, it is an insurance company that certifies an insurance policy, not the Ohio BMV. … The document therefore does not seem to me to qualify for Mr. Patino's purposes under the terms of the statute in any event.

State v. Berry

2017 Ohio 1490 · Ohio Court of Appeals · Apr 24, 2017

Likewise, we conclude that the jury did not clearly lose its way in not giving great credit to Berry’s self-serving statement that he and the victim engaged in a consensual sexual encounter. … R.C. 2901.01(A)(12) defines “privilege” as “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.”

State v. Smith

2022 Ohio 4687 · Ohio Court of Appeals · Dec 27, 2022

Thus, Mast’s statement to Sergeant Moser was clearly testimonial in nature. … Here too Smith has failed to establish that his trial counsel performed deficiently or unreasonably.

State v. Lewis

2024 Ohio 1786 · Ohio Court of Appeals · May 9, 2024

While the forensic analyst agreed that the presence of DNA did not establish when the person had the car, the surrounding evidence established that Lewis had possession of the car prior to police locating it. … In the instant case, Lewis was found guilty of two or more felonies, one of which was a qualifying offense, i.e., aggravated robbery.