Case law

State v. Anderson

2025 Ohio 1226 · Ohio Court of Appeals · Apr 7, 2025

I, § 10a, they qualified as victims and had the right to be heard at the sentencing hearing. … The letters submitted to the court establish that the remaining relatives, at a minimum, suffered emotional harm due to the decedent’s death.

Cleveland Railway Co. v. Leis

11 Ohio App. 254 · Ohio Court of Appeals · Jul 3, 1919

If the doctrine established in Schell v. … He submitted to the jury the evidence, and then undertook to qualify it.

Adena at Miami Bluffs Condominium Owners' Assn., Inc. v. R. Hugh Woodward

2021 Ohio 3872 · Ohio Court of Appeals · Nov 1, 2021

Particularly here, where Woodward is pro se, we want the parties to understand our reasoning with respect to each dismissed claim as clearly as possible. {¶22} Some of the conclusions we reach in this opinion apply … Because of how we have resolved other issues and arguments discussed above, we need not address the Lawyer Defendants' arguments regarding qualified immunity. 5.

Bakos v. Takach

14 Ohio App. 370 · Ohio Court of Appeals · Jul 5, 1921

To justify the application of this rule of law the trust and the abuse of it should be clearly established. We think that has been done in this case. … We hold that the evidence clearly establishes that the Congregation has been Uniat from the beginning, and never Orthodox until the coming of the present priest; that the property was so dedicated and used, there being no

State v. Henderson

2018 Ohio 2816 · Ohio Court of Appeals · Jul 16, 2018

Clearly, this amount of corporal punishment was unnecessary and unwarranted.” … The trial court permitted the doctor to testify as an expert on abuse: The record establishes that Dr. Roediger is exceptionally qualified to testify as an expert in the instant case. Dr.

Citibank v. McGee

2012 Ohio 5364 · Ohio Court of Appeals · Nov 14, 2012

Both made statements to establish the existence of the account and the amount owed. … (1) a beginning balance of zero, or a sum that can qualify as an account stated, or some other provable sum; (2) listed items, or an item, dated and identifiable by number or otherwise, representing

Bell v. Cuyahoga Community College

129 Ohio App. 3d 461 · Ohio Court of Appeals · Aug 24, 1998

To establish a claim brought under R.C. … Although Kerans created the common-law tort of sexual harassment, it did not clearly define the elements of this cause of action.

Dunn v. Bruzzese

172 Ohio App. 3d 320 · Ohio Court of Appeals · Jun 29, 2007

These are two distinct ways of establishing liability. *329 {¶ 21} A plaintiff must establish the following four elements to prove a claim of promissory estoppel: (1) a clear and unambiguous promise; (2) reliance on the promise … Id. {¶ 59} Judge Bruzzese argues that Dunn cannot establish pretext because she cannot produce any evidence of discrimination other than the evidence that established her prima facie case of age discrimination.

State v. Rodriguez

101 N.E.3d 1154 · Ohio Court of Appeals · Dec 19, 2017

Based on the record presented, appellant cannot establish prejudice necessary to invalidate his plea; rather, the trial court properly determined appellant knowingly and voluntarily entered his guilty plea. … III at 7.) {¶ 34} On review, we find appellant's sentence is not clearly and convincingly contrary to law, and that the record supports appellant's sentence.

Frieden v. Frieden

4 Ohio App. Unrep. 271 · Ohio Court of Appeals · Jun 14, 1990

Holcomb, supra, established that a vested pension plan, accumulated during marriage, is subject to division by the trial court. … No. 98-397 (1984)) The Qualified Domestic Relations Order, as entered by the trial court, provided in pertinent part that: * * "SECTION 4.

McFall v. McFall

2013 Ohio 2320 · Ohio Court of Appeals · Jun 5, 2013

latter predeceases the Alternate Payee and neither party has commenced his or her benefits under the Plan, such Alternate Payee shall be designated as the surviving spouse of the other for purposes of establishing … The divorce decree clearly protects the former spouse’s survivorship rights only in preretirement accounts. Wife was fully aware that Husband’s pension was not a preretirement account.

State v. Boles

2013 Ohio 5202 · Ohio Court of Appeals · Nov 25, 2013

Hackworth-Rogers' testimony clearly links appellant to touching and tickling the victim, which Hackworth-Rogers observed to be inappropriate. … grooming and its effects on children. {¶ 28} Evid.R. 702 allows the admission of expert testimony where the witness' testimony relates to matters beyond the knowledge or experience of lay persons; the witness is qualified

State v. Smith

126 Ohio App. 3d 193 · Ohio Court of Appeals · Feb 11, 1998

Contrary to appellant’s apparent contention, explicit threats are not necessary to establish the elements of menacing by stalking as set forth in R.C. 2903.211. … Appellant alleges that the complainant had a strong bias against him and in favor of conviction and since the complainant’s medical expertise was in obstetrics, not psychiatry or general medicine, he was not qualified to

State v. Wagner

88 Ohio App. 3d 27 · Ohio Court of Appeals · May 21, 1993

You understand if you qualify, you are eligible for court appointed lawyer. Do you understand that, sir? “WAGNER: Yeah. “COURT: All right. … At arraignment, the court did clearly advise Wagner of his right to counsel and his right to apply for appointed counsel.

State v. Simmons

2024 Ohio 3188 · Ohio Court of Appeals · Aug 22, 2024

Strickland at 689. {¶20} Even if a defendant establishes that an error by his trial attorney was professionally unreasonable under all the circumstances of the case, the defendant must further establish prejudice … C.C. clearly identified Simmons in court as the man who sexually abused her. Tr. 413-414. There is nothing in the record that indicates that C.C. was unable to receive just impressions of the facts.

Helmer v. Vance

24 Ohio Law. Abs. 259 · Ohio Court of Appeals · Mar 15, 1937

, was not in position to make application for such liquor license due to the fact that he had previously entered a plea of guilty to a violation of the liquor laws and thereby under the provisions of §6064-17 GC was not qualified … A number of cases are cited and we think the law is clearly established that courts in chancery actions will not grant relief where the illegal transaction is the predicate to the right of recovery.

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. 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.

State v. Early

2025 Ohio 833 · Ohio Court of Appeals · Mar 13, 2025

It is well-established that to qualify for plain-error relief, the defendant must establish that (1) an error (i.e., a deviation from a legal 2 Although the municipal court judgment entry shows that the sentencing … In this case, Early clearly established that an error occurred and it was obvious.

In re J.A.S.

2022 Ohio 2508 · Ohio Court of Appeals · Jul 21, 2022

Several amendments have been made to federal law since its initial establishment in 1990. … Torres Orellana, 67 Va.App. 759, 800 S.E.2d 208 (2017) (statute clearly leaves to the federal officials the ultimate determination of SIJ). {¶21} The USCIS has made it clear that a finding that reunification with