Case law

State v. Belle

2019 Ohio 787 · Ohio Court of Appeals · Mar 7, 2019

Belle claims Nurse Booth testified as an “expert” regarding the effect of trauma on a victim’s memory without being qualified as an expert pursuant to Evid.R. 702. … Ineffective Assistance of Counsel {¶49} To establish a claim of ineffective assistance of counsel, an appellant must prove (1) his counsel was deficient in some aspect of his representation, and (2) there is a

State v. Carpenter

2020 Ohio 5295 · Ohio Court of Appeals · Nov 6, 2020

(Tr. 500). {¶36} Clearly, Spencer’s testimony as to what A.C. disclosed to her during the interview was that of a lay witness. … It had a tendency to establish that A.C.’s veracity in her testimony regarding appellant. The fact that she knew he did not have any pubic hair helped to establish the truthfulness of her testimony.

Richley (Masheter) v. Bowling

34 Ohio App. 2d 200 · Ohio Court of Appeals · Sep 21, 1972

The argument presented by the plaintiff involves Section 19, Article I of the Ohio Constitution, which establishes the power of eminent domain. … The evidence clearly indicates that other ramp areas were so affected.

State v. Roark

2013 Ohio 217 · Ohio Court of Appeals · Jan 28, 2013

Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, the Ohio Supreme Court established the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25. … . {¶ 50} Here, in response to the state's questioning, B.R. clearly testified as to penetration.

Stancourt v. Worthington City School Dist., 07ap-835 (9-9-2008)

2008 Ohio 4548 · Ohio Court of Appeals · Sep 9, 2008

As required to qualify for federal assistance, Ohio has enacted policies and procedures through R.C. Chapter 3323 that are consistent with the IDEA. Id. … The Stancourts and appellee agreed to the January 2002 IEP, which established the following Annual Goals: 1.0 Gregory will read and write material at the fifth grade level.

In Re Fugate, Unpublished Decision (9-22-2000)

Ohio Court of Appeals · Sep 22, 2000

The evidence presented at the hearing established two different versions of the events in question. The State's version was as follows. … Evid.R. 608(B) permits cross-examination of a witness concerning specific instances of conduct "if clearly probative of truthfulness or untruthfulness."

State v. Bahner

2025 Ohio 5230 · Ohio Court of Appeals · Nov 20, 2025

Facts as Established at Trial Background During the relevant time period, Bahner, M.A., and M.A.’s family lived in the same Parma, Ohio neighborhood. … challenge, this court reviews the entire record and “‘weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly

Hawkins v. Hawkins

2012 Ohio 2795 · Ohio Court of Appeals · Jun 22, 2012

Hawkins’s attorney was ordered to draft a Qualified Domestic Relations Order (“QDRO”) to effectuate the division of the pension plan in accordance with the divorce decree. … Hawkins’s brief and the exhibits attached thereto (which were not presented in the trial court) attempt to establish that the decree and the QDRO are incorrect and that Mrs.

Marinakis v. Marinakis

2025 Ohio 2554 · Ohio Court of Appeals · Jul 21, 2025

These terms established the basic framework for the GAL's service and compensation. The Siblings remained silent. … Indeed, we specifically approved the attorney-GAL's advocacy in that case because it "was clearly based upon her determination of what was in the children's best interest."

Prado v. Elsayed

2012 Ohio 290 · Ohio Court of Appeals · Jan 27, 2012

Then she changed and said it was her leg, and qualified by saying it hurt a little but not much. … Clearly, H.E.’s perception of time was somewhat distorted, thus rendering suspect her recollection of the cause of the injuries.

Peters v. Tipton, 07 Ha 3 (3-19-2008)

2008 Ohio 1524 · Ohio Court of Appeals · Mar 19, 2008

As an alternative ground for summary judgment, Liberty Mutual added an argument that appellant did not qualify as an insured under the Pike policy. … "The statute clearly and explicitly `rejected the requirement that the offer and rejection be made prior to the effective date of the policy'." Hall , 4th Dist. No. 02CA17 at ¶ 89, quoting Roper , 1st Dist. No.

In re L.M.

2019 Ohio 5402 · Ohio Court of Appeals · Dec 31, 2019

Mother married Stepfather in September 2016, moved to Wayne County and no longer had an established pediatrician for the children. … Mother admitted at the hearing that it was a “big mistake” on her part to allow the children to fall behind in their immunizations.

Richardson v. Welded Tubes, Inc., 2007-A-0069 (6-13-2008)

2008 Ohio 2920 · Ohio Court of Appeals · Jun 13, 2008

It granted immunity to complying employers from any common-law actions for injuries suffered by employees in the workplace. {¶ 56} Thus, in general, an employee's only recourse for a workplace injury is through the workers … and beyond that to prove recklessness must be established.

State v. Ide

259 N.E.3d 634 · Ohio Court of Appeals · Nov 22, 2024

The city maintains the judge, as the trier of fact, cannot be found to clearly have lost his way nor does the evidence weigh heavily against a conviction. … sustains the issue which is to be established before them.

Henry v. Kohl's Dept. Stores, Inc.

2019 Ohio 2094 · Ohio Court of Appeals · May 28, 2019

Instead, the advertisement rule contains several examples of the “types of material exclusions, reservations, limitations, modifications, or conditions of offers which must be clearly stated.” … The parties dispute whether a Kohl’s Cash coupon qualifies as a “dollar-off discount,” but we need not consider this issue since Ms.

Great Am. Assur. Co. v. AES Promotions L.L.C.

2011 Ohio 4443 · Ohio Court of Appeals · Sep 1, 2011

This membership organization was open to clubs and trail operators and approved or disapproved by Trailpass alone based on the routes that were established. (T. at 14-16). … Additionally, exclusion in an insurance policy will be interpreted as applying only to that which is clearly intended to be excluded. Hybud Equip. Corp. v. Sphere Drake Ins. Co., Ltd.

Hinkle v. Cleveland Clinic Foundation

159 Ohio App. 3d 351 · Ohio Court of Appeals · Dec 16, 2004

At trial, appellants presented the testimony of two qualified medical experts: Dr. David Rutberg, a board-certified neurosurgeon, and Dr. Frank Booth, a board-certified critical-care specialist. … Accordingly, “no prejudicial error can be assigned to the examination of veniremen in qualifying them as fair and impartial jurors unless a clear abuse of discretion is shown.” State v.

City of Cincinnati v. Reed

27 Ohio App. 3d 115 · Ohio Court of Appeals · Jul 10, 1985

In this respect, their argument is predicated upon the enactment of a schedule of maximum fees for towing services pursuant to the rulemaking power separately established in Cincinnati Municipal Code Section 869-21, which … To qualify for exemption, the regulatory action must be clearly articulated in the state’s sovereign capacity and affirmatively expressed in state policy; the regulation must also be actively supervised by the state.

Brittingham v. Gen. Motors Corp.

2011 Ohio 6488 · Ohio Court of Appeals · Dec 16, 2011

Brittingham to a qualified physician for follow-up, including without limitation further evaluation, diagnosis and treatment,’ and 3.) ‘Disapprove of [Mrs.] … When the substance of the negligence claim is analyzed however, it is clearly grounded in medical malpractice. In other words, the claim arises out of the medical evaluation, diagnosis and care of Mrs. Brittingham.

State v. Hernandez

2022 Ohio 3011 · Ohio Court of Appeals · Aug 30, 2022

“Nor must the witness be qualified as an expert.” Id. (citation omitted). United States v. Gardner, 32 F.4th 504, 521(6th Cir. 2022). {¶44} The jury heard Mr. … “Plain error will not be found unless the defendant establishes that the outcome of the trial clearly would have been different but for the trial court’s error.” Id. at ¶28 (Citation omitted).