Case law

State v. Taylor, Unpublished Decision (4-16-1999)

Ohio Court of Appeals · Apr 16, 1999

issue which is to be established before them. … To constitute plain error, Taylor must establish that the outcome of the trial would clearly have been different but for the trial court's allegedly improper actions. State v. Moreland (1990), 50 Ohio St.3d 58 , 62 .

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. Lanter, 2008ca0046 (12-18-2008)

2008 Ohio 6711 · Ohio Court of Appeals · Dec 18, 2008

Appellant must establish the following: {¶ 10} "2. … If an objection had been made, the testimony might have qualified as an exception to the hearsay rule. {¶ 19} Upon review, we find the complained of instances of deficiency did not meet the Bradley/Strickland test. {¶ 20}

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).

Wright v. Proctor-Donald

2013 Ohio 1973 · Ohio Court of Appeals · May 13, 2013

Based upon the plain language of R.C. 2305.19, this qualifies as “any action” otherwise than on the merits and triggered the savings statute, meaning appellant could re-file her claim within the later of one year from … The decision does not establish a new principle of law, as the trial court applied the plain language of the statute that has been in place since 2004.

Ignazio v. Clear Channel Broadcasting, Inc.

165 Ohio App. 3d 32 · Ohio Court of Appeals · Dec 16, 2005

On November 8, 2004, the trial court found that the agreement clearly states that any dispute submitted for arbitration will be for a “final and binding resolution.” … Yet the final and binding language here is qualified (with “except as otherwise provided” language) twice out of the five times cited.

In re T.Y.

2023 Ohio 317 · Ohio Court of Appeals · Feb 2, 2023

She does not qualify for a planned permanent living arrangement, and no one has filed for or been identified in a written motion for legal custody. … The testimony of the social worker and the child’s GAL established that the child was hurt by the mother’s failure to participate in counseling.

State v. Jones

2020 Ohio 3986 · Ohio Court of Appeals · Aug 7, 2020

However, the judge then concluded that under the essential elements of the crime, Jones clearly remained on the property once he was asked to leave. Id. … calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; {¶ 22} Privilege, for purposes of the Revised Code, “means an immunity

City of Fostoria v. Csx Railroad

134 Ohio App. 3d 171 · Ohio Court of Appeals · Sep 24, 1999

Wood (1973), 36 Ohio St.2d 101, 105 , 65 O.O.2d 296, 298 , 304 N.E.2d 378, 381 , and if such intent is clearly *174 expressed therein, the statute may not be restricted, constricted, qualified, narrowed, enlarged, or abridged … purpose are: “This code is to protect the housing stock of the community and is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing

In Re McTaggart

4 Ohio App. 2d 359 · Ohio Court of Appeals · Dec 16, 1965

The investigation shall be made by qualified persons having experience in the child adoption field. … The language set forth in the “Application For Placement,” in our opinion, clearly authorized the Probate Court of Franklin County to entertain the placement of Baby McTaggart prior to adoption proceedings and complied with

Boss v. Alms & Doepke Co.

17 Ohio App. 314 · Ohio Court of Appeals · Feb 5, 1923

it was impliedly conferred on him as Vice-President, that the board of directors, by long acquiescence in allowing the president, or vice-president in his stead, to do almost any act on behalf of the company, created an established … Later a corporation was formed, known as The Alms & Doepke Company, which took over all the assets of the partnership, and in this corporation practically all of the stock, except that necessary for qualifying other directors

In Re Watkins, Chief of Police

88 Ohio App. 251 · Ohio Court of Appeals · Jan 26, 1950

This was a custom established and followed by the mayor since the passage of the ordinance relating to violation of parking laws. After April 1947, a receipt system was established. … The record clearly shows that the chief of police on various occasions objected to the system and requested that a receipt system be established.

State v. Martin

2016 Ohio 225 · Ohio Court of Appeals · Jan 20, 2016

the issue, which is to be established before them. … C-120756, 2013-Ohio-3159, ¶32. {¶60} This series of events in the case at bar clearly establishes an excited utterance exception to the hearsay rule. {¶61} Martin’s second assignment of error is overruled

Dick v. Allstate Insurance

34 Ohio App. 3d 28 · Ohio Court of Appeals · Sep 17, 1996

Nowhere in the policy is there a tenable basis for concluding that the limits were otherwise to be defined by the number of persons qualifying as insureds under the agreement. … That is clearly not the case here.

State v. Goodballet, Unpublished Decision (3-30-1999)

Ohio Court of Appeals · Mar 30, 1999

A reading of R.C. 2950.07 (B)(3) reveals that this is clearly not what the legislature intended. … To permit such would be paramount to granting felons immunity from all future remedial laws which relate to their past conduct. B.

State v. Jordan, 06 Ha 586 (6-22-2007)

2007 Ohio 3333 · Ohio Court of Appeals · Jun 22, 2007

Likewise, Jordan concedes that Carrothers' credentials and experience qualify him as an expert under Evid.R. 702(B). … After CA drank the alcohol, Jordan engaged in sexual conduct with her. {¶ 99} CA's testimony is clearly sufficient, when viewed in the light most favorable to the State, to establish that Jordan knew her ability to resist

Wells Fargo Bank, N.A. v. Bielec

2014 Ohio 1805 · Ohio Court of Appeals · Apr 29, 2014

The testimony establishes that exhibit No. 4, is a copy of the very "Loan Modification Agreement" Wells Fargo filed with the court on January 9, 2012. (Tr. 21, 44- 45.) … me written notice that I do not qualify for the Offer.

Sponagle v. Usair Group, Inc.

81 Ohio App. 3d 789 · Ohio Court of Appeals · Jul 16, 1992

It is essential that two important facts be clearly established: (1) That the principal held the agent out to the public as possessing sufficient authority to embrace the particular act in question, or knowingly permitted … In order to attract qualified young pilots and encourage them to stay on at Jetstream, candidates were informed of the relationship between Piedmont and Jetstream.

State v. Alejo

2026 Ohio 2250 · Ohio Court of Appeals · Jun 15, 2026

He said he “was not thinking clearly at all.” He did not go into her house and instead sat in the driveway where he cried and had a panic attack. … Instead, it was relevant to establish Appellant’s intent when he fled the State of Ohio and to attack his credibility in his explanation for doing so.

In Re Guardianship of Tracey, 2006-T-0108 (5-11-2007)

2007 Ohio 2310 · Ohio Court of Appeals · May 11, 2007

LEXIS 4714 , at 10. {¶ 17} In the case sub judice, the record establishes that neither service of process by certified or express mail nor personal service was ever perfected on appellant and/or Saulitas. … He clearly assisted Carnivale, a long-term care resident who had expressed an interest in returning to her home, which was directly opposed by her guardian.