Case law

Forsyth v. Dearth, Unpublished Decision (6-4-1999)

Ohio Court of Appeals · Jun 4, 1999

Did any of the litigants clearly establish that no issues of fact requiring trial on the merits are presented by the pleadings, and/or evidence by affidavits? Assignment of Error No. 9. … Sovereign and Judicial Immunity "The long established common law rule in Ohio is that the state, being sovereign, is not amenable to suit in its own courts without its express consent." Schenkolewski v.

In re A.I.H.

2024 Ohio 4483 · Ohio Court of Appeals · Sep 12, 2024

Afsarifard revealed that she was a normal child for her age, however “[s]he was clearly caught in the conflict between her parents. She was very much aware of it.” … Father had not been involved in establishing those relationships. Dr.

Smith v. Papp

114 Ohio App. 3d 442 · Ohio Court of Appeals · Sep 30, 1996

Civ.R. 50(A)(4) establishes the standard governing motions for directed verdict and provides as follows: “When granted on the evidence. … II “Since the campaign flyer written and distributed by Papp was clearly protected political speech the jury’s verdict in favor of Smith was against the manifest weight of the evidence.”

State v. Colegrove

2015 Ohio 3476 · Ohio Court of Appeals · Aug 27, 2015

.  {¶9} Hancock’s testimony clearly establishes a violation of R.C. 2911.02(A)(2) for robbery. … Hancock established that he knew appellant and that appellant had confronted Hancock about his displeasure that Hancock was romantically involved with appellant’s mother.

State v. Maldonado

2021 Ohio 1724 · Ohio Court of Appeals · May 20, 2021

The reviewing court must consider all the evidence in the record, the reasonable inferences, and the credibility of the witnesses to determine “‘whether in resolving conflicts in the evidence, the jury clearly lost its … 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.

Chervenka v. City of Cleveland

32 Ohio App. 2d 247 · Ohio Court of Appeals · Nov 24, 1972

The plaintiffs are three qualified, regular, classified, civil service employees of the city of Cleveland. They are skilled craftsmen. … The “eligible list” 6 referred to clearly is a classification list. Nowhere is there a reference to a divisional list. (See fn. 6.)

State v. Godsey

2024 Ohio 629 · Ohio Court of Appeals · Feb 20, 2024

On the contrary, her testimony clearly established that Godsey inflicted physical harm by dragging her down the stairs and by hitting her. … This argument fails the first requirement to establish ineffective assistance of counsel: deficient performance by counsel.

State v. Belle

2012 Ohio 3808 · Ohio Court of Appeals · Aug 23, 2012

Surely, engaging in sexual activity while on duty could qualify as inappropriate workplace behavior. … This evidence sufficiently establishes that force was used, and therefore, Belle’s position to the contrary is without merit. {¶19} Finally, we overrule Belle’s assignment of error that the verdict was against

Engle v. Ogburn, Unpublished Decision (12-15-1999)

Ohio Court of Appeals · Dec 15, 1999

may be asserted to establish nonliability: (5) The political subdivision is immune from liability if the injury, death or loss to persons or property resulted from the exercise of judgment or discretion in determining whether … Franks and other cases clearly state that a political subdivision may not be liable for a defectively designed roadway.

Abdelqader Holdings, L.L.C. v. Akron Bd. of Zoning Appeals

2020 Ohio 1195 · Ohio Court of Appeals · Mar 31, 2020

The [c]ourt finds that Abdelqader has failed to meet its burden to establish that the Board’s decision is unconstitutional. … that the zoning was clearly arbitrary and unreasonable.

State v. McKenzie

2021 Ohio 536 · Ohio Court of Appeals · Feb 23, 2021

The parties then stipulated that, pursuant to the competency report, Appellant was competent for purposes of understanding the pending charge and that he did not qualify for a not-guilty-by-reason-of-insanity (“NGRI”) … Accordingly, “[a] reviewing court should not disturb the fact- finder's resolution of conflicting evidence unless the fact-finder clearly lost its way.” State v. Newman, 4th Dist.

Frankart v. Frankart

2024 Ohio 4963 · Ohio Court of Appeals · Oct 15, 2024

professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … She clearly considered [Julia’s] lack of social security earnings for many years. . . . The Magistrate addressed the significant gap in the parties’ retirement assets.

Justice v. Smith

2020 Ohio 1068 · Ohio Court of Appeals · Mar 23, 2020

The testimony clearly established Justice relied upon Darwish paying the utilities and providing a residence while the two were in an established relationship. … Though I have reservations about whether three months is of sufficient duration to qualify as cohabitation; see Hartman v. Hartman, 9th Dist.

State v. Mathias, 06ap-1228 (11-13-2007)

2007 Ohio 6543 · Ohio Court of Appeals · Nov 13, 2007

Appellant's counsel *Page 13 responded that appellee's counsel had qualified Collins as an expert and had been allowed to ask Collins hypothetical questions. … Otherwise, counsel's failure to call a witness does not establish ineffective assistance.

Gibbons v. Ohio State Dental Bd.

2022 Ohio 2463 · Ohio Court of Appeals · Jul 18, 2022

“When the rights of parties are clearly defined and established by law (especially when the source of such definition is through constitutional or statutory provision) the maxim ‘equity follows the law’ is usually strictly … Similarly, the court qualified its disclaimer of jurisdiction by stating that the “Board has the authority to oversee licensing for dental hygienists, which includes Consent Agreements and Addendums thereto as a condition

Thrasher v. Thrasher

3 Ohio App. 3d 210 · Ohio Court of Appeals · Sep 2, 1981

Since the parents may both be qualified to raise the child, the court need only look to the best interests of the child and not to the suitability of the parents. … Clearly the best interests test of R.C. 3109.04 was not meant to apply only to disputes between parents as Perales indicates.

Kaferle, Exr. v. MKT Holdings, L.L.C.

2018 Ohio 4208 · Ohio Court of Appeals · Oct 18, 2018

If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by … Thus, a party may “appear” through informal acts or contacts with the plaintiff or the court “that clearly express an intention to defend the lawsuit.”

In Re Knight

73 Ohio App. 547 · Ohio Court of Appeals · Feb 29, 1944

The récord clearly exemplifies what the petitioner desired to do at the time he entered his plea. … He desired only to enter a plea of guilty if it be qualified with mercy. He proffered such a plea. His counsel advised and acceded to this procedure and the prosecuting attorney accepted it.

State v. Irvin

160 N.E.3d 388 · Ohio Court of Appeals · Oct 9, 2020

The trial court also informed Irvin that the murder conviction was a qualifying violent offender offense under R.C. 2903.41 and, as a result, he would be required to register as a violent offender. {¶ 15} Irvin … Rather, as previously stated, his argument is premised upon his claim that he established the affirmative defense of self-defense.

State v. D'Andrea

2026 Ohio 2247 · Ohio Court of Appeals · Jun 15, 2026

Defense counsel thus clearly got N.K. to state that she had actually hurt herself. … Tendler was qualified, without objection, as an expert in child abuse pediatrics. {¶48} Dr.