Case law

Watkins v. Alwishah

2021 Ohio 3589 · Ohio Court of Appeals · Sep 30, 2021

The condition of the frame as indicated in the state inspection as well as the photographs clearly establishes such severe rust damage could not have occurred in the short period of time from sale … As the trial court noted, “[t]he condition of the frame as indicated in the state inspection as well as the photographs clearly establishes such severe rust damage could not have occurred in the short period of time from

First Citizens Trust Co. v. Harris

13 Ohio Law. Abs. 163 · Ohio Court of Appeals · Mar 1, 1932

This is clearly disclosed in a part of the language in the Deshler Hotel trust. … The scrivener who drafted the Deshler will was, undoubtedly well qualified and knew how. to use apt and customary language.

Renner v. Renner

2014 Ohio 2237 · Ohio Court of Appeals · May 27, 2014

Miller, 37 Ohio St.3d 71, 74 (1988). {¶ 17} Although a review of the trial court's detailed written opinion demonstrates that the trial court clearly considered each of the statutory factors, Mother claims that … Mother repeatedly has subjected the child to various testing, including intelligence testing, Autism screening, cognitive evaluations, and testing to determine whether the child would qualify for an academic program designed

Scanlon v. Scanlon

2013 Ohio 2694 · Ohio Court of Appeals · Jun 27, 2013

Scanlon (“Thomas”), established the Thomas P. Scanlon Family Trust (“trust”), with Thomas as the donor and trustee. Thomas died in February 2005. … Trustee and any Successor Trustee * * * shall serve without bond, and in addition to those powers granted by law, and until actual distribution of the trust property, shall have the following rights, powers, duties, and immunities

Hassel v. Village of Evendale, Unpublished Decision (11-19-1999)

Ohio Court of Appeals · Nov 19, 1999

He felt that it was unfair that the code did not define "outdoor storage," and he did not believe that parking the vehicles in his own lot qualified as such. … To establish a Section 1983 claim, a plaintiff must show that he or she was deprived of a federally protected right. 10 Here Hassel claims that his substantive-due-process rights were violated.

Ragias v. Ohio Real Estate Commission

29 Ohio App. 3d 40 · Ohio Court of Appeals · Apr 22, 1986

The court, therefore, held that Moye *42 qualified under former R.C. 4735.07(E)(2), which permitted a person to qualify as a broker applicant if he had “at least two years’ experience full time in a real estate business or … “(C) Where the experience of an applicant substantially complies with, but is clearly not subject to the definition of ‘real estate transaction’ as set forth in this rule, the superintendent may recommend that the information

State v. Crawford

2021 Ohio 547 · Ohio Court of Appeals · Mar 1, 2021

‘The standard for plain error is whether, but for the error, the outcome of the proceeding clearly would have been otherwise.’ State v. … Third Assignment of Error {¶22} Crawford argues that the trial court erred by ordering him to pay restitution to a governmental entity that does not qualify as a victim.

Anousheh v. Planet Ford, Inc., 21960 (8-31-2007)

2007 Ohio 4543 · Ohio Court of Appeals · Aug 31, 2007

Planet Ford first claimed that the instructions should have contained a provision stating that the "plaintiff must establish, not only the element of fraud, but that the fraud was aggravated by the existence of malice or … R. 702(B) and the issue of whether Betzler, Brocker and Willett were qualified to testify.

Marinakis v. Marinakis

2025 Ohio 2555 · Ohio Court of Appeals · Jul 21, 2025

When the General Assembly intends to impose an intent standard, it knows how to do so clearly, as demonstrated by the statute's explicit reference to "the intention of the testator to disinherit the pretermitted child" … He established and funded individual investment accounts in each child's name totaling over $750,000.

State v. Taylor

2018 Ohio 2921 · Ohio Court of Appeals · Jul 25, 2018

are an exception to the Confrontation Clause’s requirement that the defendant have a prior opportunity to cross-examine the declarant.1 {¶16} The First District has held that “the admission of a statement that qualified … This is not the exceptional case where the jury clearly lost its way in convicting Mr. Taylor. {¶35} Mr.

State v. Abraham

2024 Ohio 5600 · Ohio Court of Appeals · Nov 27, 2024

The court in this case qualified Frantz as an expert witness in the field of DNA analysis. … But the trial court in this case did not make sufficient findings to establish that such circumstances existed.” Id. at ¶ 2.

State v. Azali

2023 Ohio 4643 · Ohio Court of Appeals · Dec 21, 2023

However, the arguments under this assignment of error seek to establish that the State failed to carry the burden of establishing that Azali did not act in self-defense. … Since he has failed to establish that this footage was material evidence, Azali must demonstrate that the state acted in bad faith to establish a due process violation.

STATE Ex VASTINE v. CINCINNATI (City)

56 Ohio App. 526 · Ohio Court of Appeals · Jan 11, 1937

The right to maintain this action of mandamus seems to be clearly authorized by the case of State ex v Conners et, 122 Oh St 359, wherein it is stated in paragraphs 1, 2 and 3 of the syllabus: “1. … As to the latter requirement, the relator, qualifies without question. Had she an insurable interest at the time payment was due?

Crosswhite v. Desai

64 Ohio App. 3d 170 · Ohio Court of Appeals · Aug 24, 1989

Miller, supra, this court noted that retirement alone was not an impediment when the physician was licensed and engaged in another qualifying activity. … Horton’s affidavit should be excluded because it “clearly contradicts” his deposition. In support of its argument, appellee relies on the prior decision of this court in Rogan v. Beerman Realty Co.

State v. Sparano

19 Ohio App. 3d 193 · Ohio Court of Appeals · Jul 19, 1984

Swenson, 397 U.S. 436 (1970), where an acquittal on a charge of robbing one of several participants in a poker game established that the accused was not present at the robbery, the Court held that principles of collateral … Eck qualified his answer: “Q. Could it have been later than ten days, as you said? “A. It could have been. “Q. Could it have been several months? “A. Several months? “Q. Yes. ‘ ‘A. It’s not — possibly.

Alcala v. Autullo, Unpublished Decision (9-28-2007)

2007 Ohio 5309 · Ohio Court of Appeals · Sep 28, 2007

On January 27, 2006, appellants took Autullo's deposition, wherein it was established that Autullo was an employee of the city, was not on an emergency call, was not on a frolic or detour, and was acting in the course and … Autullo opposed appellants' request to file an amended complaint on the basis that the city was "clearly discoverable prior to the expiration of the statute of limitations."

State v. Laughlin

2014 Ohio 5417 · Ohio Court of Appeals · Dec 10, 2014

. {¶9} As used in the criminal code, “privilege” is defined as “an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship … As we concluded above, the State presented sufficient evidence to establish the essential elements of the offense of criminal trespass.

State v. Hall

2019 Ohio 4000 · Ohio Court of Appeals · Sep 30, 2019

Kemp’s testimony established that he has 24 years of experience with the narcotics agency, as well as a bachelor’s and master’s degree in technical education. … his extensive experience in the field and was supplemented by his observations which led to his conclusion that the details of this case were consistent with drug trafficking. {¶34} Even presuming Kemp was not qualified

State v. McMahon

2025 Ohio 11 · Ohio Court of Appeals · Jan 3, 2025

Second, the trial testimony of N.B. and B.M. established that McMahon picked up and grabbed the child and then unsuccessfully tried to do so again. {¶ 16} It appears from the two witnesses’ testimony that McMahon … guilty to a child-victim oriented offense and who is not within either category of child-victim offender described in division (F)(2) or (G)(2) of this section.” {¶ 23} The foregoing statute required McMahon to qualify

In re K.R.

2021 Ohio 495 · Ohio Court of Appeals · Feb 24, 2021

In overruling Mother’s remaining objections, the juvenile court found that the autopsy report was properly admitted based on Mother’s broad stipulations that the medical examiner was qualified as an expert and that the … Id. at ¶ 52. {¶42} In this case, the judgment entry clearly enunciates the services referenced above.