Case law

State v. Holman

2026 Ohio 1793 · Ohio Court of Appeals · May 15, 2026

The trial court’s finding will not be reversed unless it is clearly erroneous. Herring at ¶ 68. 2. … The State objected, arguing that the question was irrelevant, Meece was not an expert qualified to testify about male anatomy, and Evid.R. 403 precluded this evidence.

State v. Moore

2019 Ohio 1671 · Ohio Court of Appeals · May 3, 2019

qualified as excited utterances under Evid.R. 803(2). {¶ 35} As set forth above, A.D. called L.M. into the kitchen to talk while at her father’s house. … (Appellant’s brief at 21-22.) {¶ 70} The foregoing argument fails to establish that the record clearly and convincingly does not support consecutive sentences.

Snyder, Trustee v. Heffner

33 Ohio App. 379 · Ohio Court of Appeals · May 31, 1929

Later, on November 24, 1926, the executors qualified as trustees under the will, and on June 27, 1927, Mrs. Berger died, and since that time Irvin P. Snyder has been the sole trustee. … If she be deemed a life tenant, it would only be a life tenancy in an equitable interest, for the legal title was clearly vested in the trustees, and as her estate, whatever *383 its nature, is created by will, and not by

Vermilion Twp. Bd. of Trustees v. Novotny

2024 Ohio 2946 · Ohio Court of Appeals · Aug 2, 2024

A landscaped mounding. {¶ 34} The notice of violation, served on Novotny in June 2021, clearly noted denial of his variance request on March 10, 2020, and stated the township was strictly 14. … zoning violation, however, precludes his defenses or collateral attack on the violation. {¶ 36} “A decision of an administrative body which is not timely appealed, see R.C. 2506.01 and 2506.07, becomes final and immune

State ex rel. Cincinnati Enquirer v. Ohio Dept. of Commerce, Div. of Fire

2019 Ohio 4009 · Ohio Court of Appeals · Sep 30, 2019

The narrative under the heading "Cause Determination" "is clearly investigatory work product whose value to investigators will be lost if it is prematurely disclosed." … This section is clearly investigatory work product whose value to investigators will be lost if it is prematurely disclosed.

Lynch v. Dept. of Human Serv., Unpublished Decision (4-23-1999)

Ohio Court of Appeals · Apr 23, 1999

"[M]ere negligence is not converted into wanton misconduct unless the evidence establishes a disposition to perversity on the part of the tortfeasor." Roszman v. … I have involved the serious infringement of a clearly preexisting right to bring suit . . . . The immunity of the defendants in this case is not such an infringement of a preexisting right.

McNamara v. Canton, Unpublished Decision (2-7-2005)

2005 Ohio 493 · Ohio Court of Appeals · Feb 7, 2005

Clearly appellee's official actions centered upon appellants' request for an A-3 certificate and not the A-2 uses contemplated by appellants. … . {¶ 25} The ability to grant or deny a certificate of occupancy is clearly a governmental function.

State v. Ballard

2023 Ohio 3391 · Ohio Court of Appeals · Sep 22, 2023

“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.” State v. Molen, 2d Dist. … Ballard has not established how his sentence would have been different if the trial court had not admitted Court’s Exhibit 3.

State ex rel. Podolsky v. Wenninger

2014 Ohio 3288 · Ohio Court of Appeals · Jul 28, 2014

The trial court found that contrary to Podolsky's assertion, the motion to unseal was "not a civil action seeking to recover county monies under the clearly defined and limited circumstances set forth in [R.C. 309.13]." … R.C. 149.43 establishes a public right to inspect and copy public records. Dayton Newspapers, Inc., 45 Ohio St.2d at 108.

State v. Stevens

224 N.E.3d 624 · Ohio Court of Appeals · Sep 14, 2023

But even in cases where the defendant has established a violation of rights Hocking App. … Statements qualify as testimonial if they have a “primary purpose” of “establish[ing] or prov[ing] past events potentially relevant to later criminal prosecution.” Davis v.

Amba Invests. v. Clark

2022 Ohio 43 · Ohio Court of Appeals · Jan 10, 2022

The right to apply the security deposit to past due rent is not conditional upon, or qualified by, any other text. … . {¶39} Next R.C. 5321.16(B) establishes that a written notice must be forwarded together with the amount due the tenant.

State v. Laghaoui

114 N.E.3d 249 · Ohio Court of Appeals · Jun 11, 2018

O'Donnell's testimony "clearly established" that Laghaoui understood the "nature of the proceedings and the objective of these proceedings." … witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified

State v. Pinch

93 Ohio Law. Abs. 136 · Ohio Court of Appeals · Dec 21, 1962

The court appointed attorney for Estep was in the courtroom and asserted Estep’s privilege against self incrimination and immunity to testify concerning matters which might tend to incriminate him. … But the authorities cited in these two cases are clearly distinguishable.

In re Adoption of L.S.

2020 Ohio 224 · Ohio Court of Appeals · Jan 27, 2020

Second, he alleges that the filing of this action within one year before the filing of Bradley’s petition qualifies as more than de minimis contact under R.C. 3107.07. … evidence, we 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

Citibank (South Dakota), N.A. v. Perz

191 Ohio App. 3d 575 · Ohio Court of Appeals · Dec 3, 2010

Appellee maintained that the negotiation of appellant’s restrictively endorsed checks did not qualify as an accord and satisfaction because of the partial-payment provisions in the card agreements and because there was no … The letters clearly stated that unless the offered amounts were accepted in full settlement of the accounts, appellee should *587 return the checks and appellant “will pursue filing bankruptcy.”

Patriot Water Treatment, L.L.C. v. Ohio Dept. of Natural Resources

2013 Ohio 5398 · Ohio Court of Appeals · Dec 10, 2013

Patriot thus pled the fourth and fifth elements of the tort of spoliation as established in Smith. … It has exclusive, original jurisdiction over civil suits for money damages brought against the state as a result of the waiver of immunity reflected in R.C. 2743.02. Columbus Green Bldg. Forum at ¶ 15-16.

State v. Toleque

2026 Ohio 820 · Ohio Court of Appeals · Mar 11, 2026

Out-of-court statements that qualify as excited utterances are not excluded under the hearsay rule, even when the declarant is available as a witness. Evid.R. 803(2); State v. … the issue which is to be established before them.”

State v. Reynolds

2020 Ohio 942 · Ohio Court of Appeals · Mar 13, 2020

In this case, the court applied the exception to Reynolds and imposed a prison term. {¶10} This court has already determined that the record must establish that the physical harm was caused by the failure to stop … Jones was presumptively ineligible for a prison term for the fifth- degree felony of failure to stop, which was not an offense of violence or a qualifying assault offense.

MacMurray v. Mayo, 07ap-38 (12-27-2007)

2007 Ohio 6998 · Ohio Court of Appeals · Dec 27, 2007

Using defendant's own terminology, the exemption applies to "exclusive homemakers," a category for which defendant admits he does not necessarily qualify. (Defendant's brief, 8.) … While defendant does not cite any particular factor, he clearly suggests the trial court should have considered the disparity in *Page 15 income between the parties. See R.C. 3119.23 (G).

State v. Wilson

2023 Ohio 1042 · Ohio Court of Appeals · Mar 30, 2023

The circumstantial evidence establishing Wilson to be the individual firing the gunshots from the vehicle was overwhelming. B. … Having reviewed the record and having weighed the evidence and all reasonable inferences, we do not find that the trier of fact “clearly lost its way and created such a manifest miscarriage of justice that the conviction