Case law

State v. Pearson

2021 Ohio 520 · Ohio Court of Appeals · Feb 26, 2021

“An error qualifies as plain error only if the error is obvious and but for the error the outcome of the proceeding clearly would have been otherwise.” (Citation omitted.) State v. Molen, 2d Dist. … Therefore, Pearson did not satisfy his burden to establish that the outcome of the proceeding would have been different but for the alleged error.

Cox v. Waltz

13 Ohio Law. Abs. 364 · Ohio Court of Appeals · Oct 21, 1932

It is further well settled in Ohio that the failure of a court to qualify such an instruction as above-quoted by telling the jury that if the evidence offered on behalf of the plaintiff raises a presumption of negligence … no special exception to said instruction and made no request for further instructions or suggestion to the court as to what the further instruction on the subject of contributory negligence should be, it seems to be the established

State ex rel. Verhovec v. Marietta

2013 Ohio 5414 · Ohio Court of Appeals · Dec 4, 2013

Rather, the sanctions were clearly awarded under the frivolous conduct statute, R.C. 2323.51, and Civ.R. 11. Washington App. … The City’s motion was clearly filed within the statutory deadline.

State v. Boyd

2023 Ohio 1120 · Ohio Court of Appeals · Mar 30, 2023

. {¶28} A defendant may move to sever trial of joined offenses pursuant to Crim.R. 14 if he can establish prejudice. Lott, supra, at 163. … We’re now delving into an area where he would need to be qualified as an expert. THE COURT: Sustained. [PROSECUTOR]: Okay.

First Union National Bank v. Hufford

146 Ohio App. 3d 673 · Ohio Court of Appeals · Sep 25, 2001

The notices stated that the account was “in [its] foreclosure department” and that her property might qualify for a loss mitigation option that would “suspend the foreclosure action.” … The task of determining and designating the priority mortgage holder was clearly an unascertained issue of material fact before the trial court.

Lemons v. State

164 N.E.3d 538 · Ohio Court of Appeals · Dec 10, 2020

The trial court explained that the legislature had amended the relevant subsection, R.C. 2743.48(A)(5), and that it “clearly retroactively applied” to Lemons. … H.B. 411 also made clear that a Brady violation is an “error in procedure” that qualifies an individual to be declared wrongfully imprisoned. Id. at 3.

State v. Clayton

2018 Ohio 1777 · Ohio Court of Appeals · May 7, 2018

The search warrant (Exhibit 2) clearly existed and was available for use at the time of trial. … Moreover, the exhibit does not establish that Judge Peeler's signature was forged.

State v. Akers

2021 Ohio 2562 · Ohio Court of Appeals · Jul 26, 2021

The victim's injuries might be so debilitating as to prevent her from thinking sufficiently clearly to understand the purpose of her statements to police. … The statements were sufficiently reliable under a well-established hearsay exception. Furthermore, there does not appear to be any indicia of solemnity to qualify them as testimonial.

State v. Jenkins

2016 Ohio 1428 · Ohio Court of Appeals · Apr 4, 2016

. {¶8} If the explanation of circumstances provided on the record does not establish all of the offense’s elements, the defendant who pled no contest “has a substantive right to be discharged by a finding of not … These were items worth $1000 or less in value so they do qualify as misdemeanors in the first degree."

Benes v. Hickox Bldg. Co.

55 Ohio Law. Abs. 289 · Ohio Court of Appeals · Oct 17, 1949

In the absence of qualifying language indicating a contrary intent, the words “work performed by the contractor hereunder” as used in connection with the amount of the-contractor’s fee in the event of Bond’s non-approval, … It clearly appears that the parties intended the contractor’s fee of $25,000.00 to be subject to Bond’s approval. This was a just and reasonable requirement, entirely consistent with the object of the contract.

State v. Powers

92 Ohio App. 3d 400 · Ohio Court of Appeals · Dec 7, 1993

The decision of a trial court regarding a prosecutor’s motives for exercising a peremptory challenge is a factual determination which will not be overturned unless clearly erroneous. State v. … Evid.R. 702 provides: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill

Filichia v. State

20 Ohio Law. Abs. 113 · Ohio Court of Appeals · Oct 7, 1935

The general rule is well established that in the prosecution of one offense it is not competent to show that the accused .has committed another separate, independent offense for the purpose of showing that he committed the … The author in the note , cites a number of Ohio decisions very positively and clearly supporting the text. *116 In the case of Knight et v State, 54 Oh St, 365, at page 379 of the opinion, Judge Spear quotes the following

Kroeger v. Ryder

86 Ohio App. 3d 438 · Ohio Court of Appeals · Feb 19, 1993

Clearly, the trial court found appellee entitled to recover on the basis of an express oral contract. … John Moore testified as to his qualifications in nursing home administration and was qualified as an expert witness.

In re AN.M.

2022 Ohio 2873 · Ohio Court of Appeals · Aug 18, 2022

Mother needs to establish housing. [Father] needs to establish housing. … Under these circumstances, we find that the record clearly and convincingly supports the trial court’s findings under R.C. 2151.414(D)(2)(a) and (E).

State v. Hartwell

2025 Ohio 2278 · Ohio Court of Appeals · Jun 30, 2025

Although this Court must consider the credibility of witnesses as part of our manifest weight review, we are mindful of the well- established principle that a trier of fact enjoys the best position to assess the credibility … Cronin was qualified as Ms. Hartwell’s expert witness on accident reconstruction. However, the trial court also issued a limiting instruction to Mr.

Griffin v. Dream House Mtge. Corp., 08-Ca-45 (5-8-2009)

2009 Ohio 2178 · Ohio Court of Appeals · May 8, 2009

Larsen, testified as to damages, after being qualified as an expert in economics, finance, and financing services. Dr. … Under the circumstances of the present case, the trial court did not act arbitrarily, capriciously, or unreasonably in concluding that Dream House failed to establish excusable neglect. {¶ 41} As was noted, failure to establish

State v. Sahnd

2024 Ohio 5840 · Ohio Court of Appeals · Dec 13, 2024

R.C. 2919.25(F)(2). {¶ 18} Here, Sahnd does not dispute that the victim, with whom he cohabitated up until April 2023, qualified as a “family or household member.” … , the appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact “ ‘clearly

Shannon v. Johnson Hughes Excavating, Unpublished Decision (12-31-2002)

Ohio Court of Appeals · Dec 31, 2002

A duty owed to the plaintiff is fundamental to establishing actionable negligence. Id. at 142 . If there is no duty, then no legal liability can arise. Id. … So you, obviously, saw that sign. {¶ 37} "A: Yes. {¶ 38} "* * * {¶ 39} "Q: But it was clearly marked closed?

In re Liquidation of Osborn Bank

1 Ohio App. 140 · Ohio Court of Appeals · Oct 31, 1913

In the consideration of the status of public funds in the hands of a public treasurer we may start with the proposition that such treasurer, under the clearly established law of this state, is a mere custodian of the funds … The bond given by the Osborn bank qualifying it as depositary was in proper form and duly accepted.

Fowerbaugh v. University Hospitals

118 Ohio App. 3d 402 · Ohio Court of Appeals · Mar 3, 1997

We note initially that the syllabus in Ohio appellate court opinions, unlike the syllabus of Ohio Supreme Court opinions, does not establish the law of the case. … “A specialist is a physician who holds himself out [as] specially trained, skilled and qualified in a particular branch of medicine.