Case law

In re Bailey

2015 Ohio 413 · Ohio Court of Appeals · Feb 5, 2015

It is “a discretion exercised to an end or purpose not justified by, and clearly against reason and evidence.” (Citations and quotations omitted.) State v. … Jenkins, 15 Ohio St.3d 164, 222, 473 N.E.2d 264 (1984). {¶25} First, Bailey clearly established that granting her petition would materially assist her in obtaining occupational licensing, which she currently cannot

State ex rel. Bailey v. Ohio Parole Bd.

2016 Ohio 8264 · Ohio Court of Appeals · Dec 20, 2016

Dolan's letter of April 2015 to the executive director of JCARR, along with comments made by KOVACH and Cynthia Mausser on the PBS Show in July 2014; it clearly demonstrates the OPB … They have complete discretion in the release making decision and they believe this gives them immunity to violate whatever other law exists that may impact that discretion.

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

Thornton v. Summit Cty. Children Serv. Bd., Unpublished Decision (9-12-2007)

2007 Ohio 4657 · Ohio Court of Appeals · Sep 12, 2007

Powlowski's qualified immunity pursuant to R.C. 2744.03 (A)(6); (2) that there was evidence from which a jury could reasonably conclude that there was publication of the defamatory charges; (3) that there was evidence from … Powlowski would be immune from liability, unless one of the statutory exceptions to immunity applies. {¶ 10} R.C. 2744.03 (A)(6) states: "In addition to any immunity or defense referred to in division (A)(7) of this section

State, Ex Rel. Pawlowicz v. Edy

60 Ohio App. 159 · Ohio Court of Appeals · Apr 7, 1938

The city charter, in Section 101, establishes six separate administrative departments for the city government, viz: 1. Department of Law. 2. Department of Finance. 3. Department of Public Service. 4. … empowered to appoint department heads, called “directors,’.’ and their functions and duties are clearly defined.

Shafer v. Metro-Goldwin-Mayer Distributing Corp.

36 Ohio App. 31 · Ohio Court of Appeals · Oct 26, 1929

The law that governs remedies is the law of the forum. * * * The jurisdiction of our courts is established by law, and is not to be diminished, any more than it is to be increased, by the convention of the parties.” … Y., by the terms of which all matters of difference between them were to be determined by arbitrators named, and provision was made for naming new arbitrators if any set forth in the contract failed to qualify or to act.

Stillwell v. City of Xenia, Unpublished Decision (2-16-2001)

Ohio Court of Appeals · Feb 16, 2001

See, e.g. , R.C. 705.92 , which establishes a recall process for elected municipal officers. … immunity is established under R.C. 2744.02 (A)(1), the second tier of analysis is whether any of the five exceptions to immunity in subsection (B) apply. * * * Finally, under the third tier of analysis, immunity can be reinstated

State v. Solorio

2022 Ohio 3749 · Ohio Court of Appeals · Oct 21, 2022

Nor do we see any manifest-weight problem—the totality of the evidence leads us to conclude that the jury did not clearly lose its way and create a manifest miscarriage of justice. We accordingly overrule Mr. … Harman was qualified to testify as an expert, but he presents no concrete argument as to how either witness failed to meet the requirements of Evid.R. 702.

Citizens Federal Bank, F.S.B. v. Brickler

114 Ohio App. 3d 401 · Ohio Court of Appeals · Sep 27, 1996

Citizens Federal Bank, F.S.B., as Home Savings’ successor by merger, has refused to acknowledge our right established by long course of dealing with Home Savings to occasionally make irregular pre-payments under the loan. … well settled, that, subsequent to the execution of a written contract, it is competent for the parties, by a new contract, although not in writing, either *408 to abandon, waive, or annul, the prior contract, or vary, or qualify

Limato v. Fairfield County, Unpublished Decision (12-2-2002)

Ohio Court of Appeals · Dec 2, 2002

The Dickerhoof , Adkins, and Thompson cases are all significantly factually distinguishable and clearly involve maintenance issues. … I do not find appellant's failure to maintain allegations fall outside the parameters established in Franks .

State v. Samueal

224 N.E.3d 1157 · Ohio Court of Appeals · Sep 20, 2023

The same is true here. {¶28} In this case, the state’s final witness, Emily Weber, a Trace Evidence Examiner at the Hamilton County Coroner’s Office, was qualified as an expert witness and provided expert testimony … However, the state presented a significant amount of circumstantial evidence that was more than sufficient to establish that fact.

Hatton v. Interim Health Care of Columbus, Unpublished Decision (3-27-2007)

2007 Ohio 1418 · Ohio Court of Appeals · Mar 27, 2007

Relations Bd. (1997), 78 Ohio St.3d 181 , 183 . {¶ 13} By Hatton's second assignment of error, she argues that the defense of qualified immunity does not relieve Ferebee and Petrozino of liability for their defamatory statements … Rather, they invoked the defense of qualified privilege.

Vancamp v. Vancamp, Unpublished Decision (12-31-2001)

Ohio Court of Appeals · Dec 31, 2001

Stephen's liability insurer denied coverage based on Stephen's immunity. An immunity does not affect appellant's right to recover UIM coverage. Appellant has UIM coverage under her mother's Indiana Ins. policy. … Applying Georgia law to this case, it is clear that Stephen is immune from liability (under Georgia's parental immunity doctrine) for any injury caused to appellant.

City of Cincinnati Ex Rel. Cosgrove v. Grogan

141 Ohio App. 3d 733 · Ohio Court of Appeals · Mar 16, 2001

Both the employee and the political subdivision are, as a matter of law, immune from liability for damages pursuant to R.C. 2744.02(A)(1). See Conley v. Shearer (1992), 64 Ohio St.3d 284, 292 , 595 N.E.2d 862, 869 . … As Cincinnati, with a population in excess of 250,000, qualifies as a “state,” the next inquiry is whether the city authorized disclosure of Grogan’s federal tax returns by the city’s Income Tax Bureau to police officers.

Snook v. State

34 Ohio App. 60 · Ohio Court of Appeals · Nov 22, 1929

Thus, if such a juror indicates that he is free from bias or prejudice, and can start fairly in his attitude toward the defendant, and toward the state, he is qualified in that respect. … This proposition of law is well established in Ohio, and is supported by the great weight of authority. 16 Corpus Juris, 722, 723.

State v. Cast

2022 Ohio 3967 · Ohio Court of Appeals · Nov 7, 2022

accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director of health. {¶ 11} Despite what Cast claims in his appellate brief, the record in this case clearly … This error, however, was harmless given the other evidence properly admitted into evidence at trial establishing Cast was intoxicated at the time of the crash. 4.

State v. Cook

2021 Ohio 2157 · Ohio Court of Appeals · Jun 28, 2021

Harmon is clearly distinguishable and not applicable here. {¶ 38} Turning to Old Chief and Creech, we find that both decisions are distinguishable from the present case. … Similarly, the Ohio Supreme Court determined that under Ohio law a conviction for a broad category of crimes would provide the qualifying effect. Creech, 2016-Ohio-8440 at ¶ 34-35.

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

Jessop v. Angelo Benedetti, Inc., Unpublished Decision (1-2-2003)

Ohio Court of Appeals · Jan 2, 2003

. {¶ 20} Even assuming the Machine did qualify as a "product" under the statute, plaintiff does not meet the requisite test under the dual capacity doctrine and Civ.R. 56. … This doctrine is a narrow exception to employer immunity under workers' compensation.

Saum v. Bowers

89 Ohio Law. Abs. 180 · Ohio Court of Appeals · Feb 13, 1962

Lnce (Item XVI thereof) must establish the use to make the bequest exempt. … This court cannot rewrite the testator’s will to qualify Item XVI for exemption under the Ohio Inheritance Tax Law.