Case law

State v. Black

2017 Ohio 8063 · Ohio Court of Appeals · Oct 5, 2017

A reviewing court “weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such … The trial court heard Palmer’s testimony about the fabricated kidnapping allegation, her subsequent recantation, the reasons she made up the allegation, and the fact that she received immunity in exchange for her trial

Citibank, N.A. v. Ebbing

2013 Ohio 4761 · Ohio Court of Appeals · Oct 28, 2013

Specifically, Ebbing asserts that Citibank did not establish any foundation to support the existence of a credit card account. … Specifically, Ebbing argued below that Exhibit 3, consisting of three checks, is not relevant because the checks "clearly were not from [Ebbing]."

Clay v. Clay, 06 Be 40 (9-7-2007)

2007 Ohio 4638 · Ohio Court of Appeals · Sep 7, 2007

The trial court ultimately ruled, though, that no Qualified Domestic Relations Order (QDRO) was ever requested or filed, and by law, the beneficiary of the funds in issue was the person named in the 401(k) plan. … Federal law establishes that the beneficiary of the 401(k) plan is the person designated as beneficiary under the terms of the plan, and this is the same conclusion reached by the trial court.

State v. Robison

2011 Ohio 5999 · Ohio Court of Appeals · Nov 21, 2011

Robison was under arrest, exiting the vehicle, especially when coupled with his subsequent resistance when Ranger Garris and Officer Valek attempted to detain him again, would qualify as breaking or attempting to break … The jury did not clearly lose its way and create such a manifest miscarriage of justice that Mr. Robison’s conviction must be reversed and a new trial ordered. State v. Otten, 33 Ohio App. 3d 339, 340 (1986).

In re J.C.

2013 Ohio 3937 · Ohio Court of Appeals · Sep 13, 2013

Whether these limitations establish a “disability” under the ADA is far from clear. … D.P.’s foster parents are qualified to adopt him and are waiting to do so. J.C. is making progress in a residential facility and will be adoptable after her release.

State v. McFadden

2021 Ohio 2204 · Ohio Court of Appeals · Jun 29, 2021

Moreover, to establish prejudice, McFadden must establish he would not have pleaded no contest but for the trial court's failure to explain the sex-offender classification scheme more thoroughly. Id. at ¶ 23. … The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing

The CIT Group/Equipment Fin., Inc. v. Brown Cty.

2014 Ohio 5489 · Ohio Court of Appeals · Dec 15, 2014

We find these cases distinguishable. {¶ 23} In Wierzbicki the Eighth District observed that statutes provide the board of county commissioners authority to establish a hospital and that a "board of trustees of the … Based upon the foregoing, the Eighth District found that a county hospital enjoys the privileges of sovereign immunity. Wierzbicki at 243.

State v. Russaw

2022 Ohio 2145 · Ohio Court of Appeals · Jun 23, 2022

Neither of those arguments can establish plain error or ineffective assistance of counsel. … She isn’t qualified as an expert. THE COURT: I understand the basis of your objection. Sustained.

State ex rel. Reichley v. Indus. Comm.

2017 Ohio 2939 · Ohio Court of Appeals · May 23, 2017

I believe that he qualifies for a total permanent disability. {¶ 16} 7. … We agree that the evidence clearly demonstrates that Grashel had abandoned the entire job market.

Chris Haus Auto Sales L.L.C. v. Dept. of Job & Family Servs.

2018 Ohio 4341 · Ohio Court of Appeals · Oct 25, 2018

No. 17AP-896 4 {¶ 9} "Generally, R.C. 4141.24(F) provides two methods by which an employer may qualify as a successor in interest: (1 … The weight of the evidence has established that Chris Haus Auto Sales, LLC, acquired substantially all of the business of Ron Haus Motorcars, Inc.

State v. George

2018 Ohio 5156 · Ohio Court of Appeals · Dec 20, 2018

. {¶13} A prima facie case for dismissal is established where the time period has expired, shifting the burden to the state to demonstrate tolling of the period pursuant to R.C. 2945.72. … (Tr. 1713-1717.)  {¶71} The trial court clearly addressed the fact that the sentence is not disproportionate to the heinous conduct and cites the danger that George poses to the public.

State v. Clay

29 Ohio App. 2d 206 · Ohio Court of Appeals · Mar 8, 1972

In addition thereto, there is no claim on the part of the defendant that proper procedure was not followed by the state’s chemist in the analysis of the subject material or that the chemist was not properly qualified or that … Defendant attempted to establish an alibi. Pence established the time when the sale was made. Seven acquaintances of defendant testified on behalf of defendant to establish the alibi.

In re A.K.

2026 Ohio 1778 · Ohio Court of Appeals · May 14, 2026

.; however, paternity has not been established. … Alleged father of S.A., [Sh.A.], has yet to establish paternity. 8.

State v. Golding, 2008-L-049 (3-27-2009)

2009 Ohio 1437 · Ohio Court of Appeals · Mar 27, 2009

After Toni removed her make-up, Officer Blanton was able to more clearly see the swelling and bruising on her left eye. … the following apply: {¶ 25} "(A) The witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; {¶ 26} "(B) The witness is qualified

King v. Ross Corr. Institution, Unpublished Decision (12-31-2002)

Ohio Court of Appeals · Dec 31, 2002

Simmons and CO's Barnett and Warth were entitled to personal immunity. … More specifically, plaintiff claims that the evidence at trial clearly established that inmate Cantrell "aided and abetted" CO Barnett's wrongful actions, i.e., punishing plaintiff for filing the informal complaint against

Ward v. Summa Health System

184 Ohio App. 3d 254 · Ohio Court of Appeals · Sep 16, 2009

has not provided the trial court with sufficient evidence to conclude that the documents are privileged under any of the statutes, absent an in camera review. {¶ 16} Initially we note that R.C. 2305.28 and 2305.251 grant immunity … Debski’s testimony, the protective order granted by the trial court is clearly too broad.

State v. Baker

2011 Ohio 2784 · Ohio Court of Appeals · Jun 9, 2011

She was never  16 charged as a codefendant and did not receive any agreement from the State in regards to immunity from prosecution. … sustains the issue which is to be established before them.

State v. McDonald

2013 Ohio 4972 · Ohio Court of Appeals · Nov 12, 2013

To establish plain error, “[f]irst, there must be an error, i.e., a deviation from the legal rule. * * * Second, the error must be plain. … Abbott does not qualify as an expert or attempt to explain why a registered nurse who has worked in the CARE Center of Akron Children’s Hospital for 20 years would not be qualified to testify about the findings of a physical

Tourlakis v. Beverage Distributors, Inc., Unpublished Decision (12-26-2002)

Ohio Court of Appeals · Dec 26, 2002

immunity from civil suit because the communication was made to law enforcement personnel. … Kotten (1975) 7 [sic], the Ohio Supreme discussed at great length qualified privilege and the public policy reasons for such a defense. As discussed, a `[c]onditional or qualified privilege is based on public policy.

Schaffer v. Gateway Harvestore, Inc.

129 Ohio App. 3d 448 · Ohio Court of Appeals · Jul 6, 1998

Clearly, this case is an action for wrongful death. … the right of the action set out in R.C. 2125.02 must first be established, or the claim fails.