Case law

Reznickcheck v. North Cent. Correctional Inst., 9-07-22 (12-3-2007)

2007 Ohio 6425 · Ohio Court of Appeals · Dec 3, 2007

Thus, the granting of a judgment on the pleadings is only appropriate where the plaintiff has failed to allege a set of facts which, if true, would establish the defendant's liability. Walters v. … Reznickcheck's attempt to amend his complaint was clearly untimely.

In re Jones

2024 Ohio 408 · Ohio Court of Appeals · Feb 5, 2024

The Judgment Entry listed 3 items which the trial court found Appellant failed to establish, to wit: (1) The petitioner has not established by a preponderance of the evidence that granting the petition will materially assist … Clearly, like those whom she would be counselling, Mrs.

In re R.Z.

2022 Ohio 3630 · Ohio Court of Appeals · Oct 12, 2022

While the juvenile court dismissed the case without prejudice, R.C. 2945.67(A) “clearly affords the state the right to appeal, as a matter of right, any decision that grants a motion to dismiss, without requiring that the … In Greene, a case that focused on whether defendants were entitled to qualified immunity, the court discussed the difference between probable cause to arrest and probable cause to search, stating that: While the

In Re Long

24 Ohio App. 3d 32 · Ohio Court of Appeals · Jun 25, 1985

R.C. 2151.38(C) establishes the parole provisions for juveniles. … The court recognized that juveniles have an interest in freedom, as do adults: “* * * But that interest must be qualified by the recognition that juveniles, unlike adults, are always in some form of custody. * * * Children

State v. Smith

2013 Ohio 756 · Ohio Court of Appeals · Mar 1, 2013

Id. {¶62} Under all of the facts and circumstances presented herein, we cannot say that the trial court clearly abused its discretion in determining that the employee was a qualified witness under Evid.R. 803(6). … These statements help establish that the restraint was longer than necessary to perform the rapes.

State v. Hensley

2014 Ohio 5012 · Ohio Court of Appeals · Nov 10, 2014

Instead of ordering another beer from the establishment, however, appellant testified that he would walk out to his vehicle and refill the container with alcohol that he had purchased earlier in the evening. … As a result, "[a] properly qualified officer may testify at trial regarding a driver's performance on the horizontal gaze nystagmus test as it pertains to the issues of probable cause to arrest and whether the driver was

State v. Burns

2019 Ohio 1141 · Ohio Court of Appeals · Mar 29, 2019

The trial court held that (1) the claims against the deputy were barred by res judicata, and (2) the claims against the prosecutor were barred by sovereign immunity; it dismissed the matter. Id. … The Supreme Court of Ohio and this Court have clearly set forth the required procedure under R.C. 2935.10.

Roesch v. Warren Distribution/Fleet Engineering Research

146 Ohio App. 3d 648 · Ohio Court of Appeals · Nov 22, 2000

The air pump was clearly marked with a sign stating “Free Air.” {¶ 3} Appellant added air to two of the tires and then began to put air into the tire to which he had added the “Fix-a-flat.” … Roesch, who entered upon the premises of commercial establishment [sic], without offering proof that he is a regular customer, or has done business with that commercial establishment in the past, and who is on the premises

State v. Simmons

2012 Ohio 3454 · Ohio Court of Appeals · Aug 2, 2012

On cross-examination, Bodamer acknowledged that he is not medically qualified to determine whether someone in Robinson’s condition would have definite memory of the incident. … In some instances certain facts can only be established by circumstantial evidence.” Id. at 272.

State ex rel. Weller v. Tuscarawas Cty. Bd. of Elections

2019 Ohio 4032 · Ohio Court of Appeals · Sep 30, 2019

Weller has established that he has no adequate remedy in the ordinary course of the law due to the nearness of the general election. See State ex rel. Greene v. Montgomery Cty. … Instead, the dispositive issues are whether the Board of Elections abused its discretion or clearly disregarded applicable law by rejecting Mr. Weller’s part petitions.

State v. Murphy

2018 Ohio 1063 · Ohio Court of Appeals · Mar 23, 2018

The focus is on what the defendant knew and understood, and the record must establish that the defendant “ ‘knows what he is doing and his choice is made with eyes open.’ ” Faretta v. … The transcripts also show the court advised Murphy that he had the right to be represented by an attorney; that, if he qualified, he could have the court appoint an attorney for him at no expense; and that there may be

State v. Maldonado

2020 Ohio 5616 · Ohio Court of Appeals · Dec 10, 2020

In undertaking the required fact-specific analysis in this matter, and turning to the objective standard, we note that the record clearly demonstrates that the Rojas group had been friends with Maldonado and his family … In order to establish a claim of ineffective assistance of counsel, a defendant must establish that counsel’s performance fell below an objective standard of reasonable representation. Strickland v.

State v. Curry

2016 Ohio 861 · Ohio Court of Appeals · Mar 7, 2016

The agreement indicated that Curry would take a polygraph examination performed by “a qualified examiner employed by the Ohio Bureau of Criminal Investigation.” (Id.) … That outcome would clearly be extremely favorable to Curry.

Stanley v. City of Miamisburg, Unpublished Decision (1-28-2000)

Ohio Court of Appeals · Jan 28, 2000

The moving party has the burden to establish that there is no genuine issue as to any material fact. Id. … Consequently, a political subdivision is immune from employer intentional tort claims. Id.

State v. Smith, Unpublished Decision (10-14-2003)

2003 Ohio 5461 · Ohio Court of Appeals · Oct 14, 2003

I The trial court erred when it granted Lisa Smith immunity from prosecution for her culpability in criminal activities and the grant of immunity to Lisa Smith severely prejudiced the rights of the Appellant and did not further … This evidence, if believed, would be sufficient to establish the necessary elements of the offense of domestic violence as charged.

State v. Delong

2022 Ohio 4233 · Ohio Court of Appeals · Nov 28, 2022

Statements qualify as testimonial if they have a “primary purpose” of “establish[ing] or prov[ing] past events potentially relevant to later criminal prosecution.” Davis v. … See Taylor at 303. {¶18} Elements one, three, and four of the Potter test are clearly satisfied in this case.

Clemens v. Gilbert, 06 Be 57 (11-9-2007)

2007 Ohio 6072 · Ohio Court of Appeals · Nov 9, 2007

Other parts of an expert's testimony may reveal inconsistencies and errors that qualify as rebuttal evidence. State v. Thompson (1987), 33 Ohio St.3d 1 , 11 , 514 N.E.2d 407 . … Thus, even Appellants' own expert witnesses did not clearly establish, through objective evidence, that Stacey suffered an injury in the accident. {¶ 31} As noted earlier, Appellants have limited themselves to arguing that

Johncol, Inc. v. Cardinal Concession Servs., L.L.C.

101 N.E.3d 1014 · Ohio Court of Appeals · Dec 14, 2017

Nail's affidavit is not sufficient to establish a genuine issue of material fact. It contains general denials and conclusions of law but no specific or particular denial of the facts established by appellee. … However, the Supreme Court has "specifically and clearly declined to establish a bright-line rule regarding the accrual date of prejudgment interest but rather left such a determination to the trial courts on a case-by-case

Mayer v. Mayer

2022 Ohio 533 · Ohio Court of Appeals · Feb 24, 2022

. {¶ 9} The treatment of appellee's qualified Cardinal Health shares was the primary bone of contention at trial. … The distribution of the non-qualified stock options is not an issue in this appeal.

State v. Boyer

2015 Ohio 4951 · Ohio Court of Appeals · Nov 25, 2015

as a thirteenth juror and “in reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether in resolving conflicts in evidence the jury ‘clearly … Without being able to establish what those treatments were for, the veracity of her claims about her knee problem were not properly supported.