Case law

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).

Sharp v. Munda

4 Ohio App. Unrep. 21 · Ohio Court of Appeals · Jun 20, 1990

Kane's background, we note thathe qualifies as competent under EvidR. 601 if he devotes three-fourths of his professional time to instruction of clinical practice in his field of licensure at an accredited university. … It is necessary that an opinion used to establish causation be expressed in terms of probability as opposed to possibility: a 50-50 chance will not suffice. Cooper v.

Danopulos v. Am. Trading II, L.L.C.

2021 Ohio 2196 · Ohio Court of Appeals · Jun 30, 2021

Consequently, we will reverse the trial court’s judgment only when the trial court “clearly lost its way and created a manifest miscarriage of justice.” Fischoff v. Hamilton, 1st Dist. Hamilton No. … Karaman’s testimony on the value of mid-range diamonds, this testimony was enough—if deemed credible—to establish a reasonable fair market value for the bracelet.

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.

State ex rel. Presswood v. Indus. Comm.

2023 Ohio 4392 · Ohio Court of Appeals · Dec 5, 2023

“So long as that causal link is established, and he or she is otherwise qualified, the claimant is eligible for TTD compensation.” Id. … Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus.

State v. Dyer

2015 Ohio 451 · Ohio Court of Appeals · Feb 6, 2015

. {¶ 7} “To establish a claim for ineffective assistance of counsel, the defendant has the burden of demonstrating that: 1) the performance of defense counsel was seriously flawed and deficient, and 2) there is … To qualify as a substantial step, the act or omission must be “strongly corroborative” of a criminal purpose. Id.

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.

State v. Thompson-Rivers

2025 Ohio 5067 · Ohio Court of Appeals · Nov 7, 2025

The term privilege is defined in R.C. 2901.01(A)(12) as “an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of … But just because certain words are included within the text of the statute does not mandate that the language qualifies as a material element of the offense, which the State is required to prove beyond a reasonable doubt

Giles v. Yellow Cab Co.

1 Ohio App. 2d 404 · Ohio Court of Appeals · May 14, 1964

It is only when it clearly appears that the court has abused its discretion that a judgment will be reversed on that {ground. See 32 Ohio Jurisprudence 2d 656 et seq., Section 70 et seq. … The witness admitted that *410 he had no special training and did not qualify as an expert.

Abercrombie v. Roof

64 Ohio App. 365 · Ohio Court of Appeals · Mar 18, 1940

In this, the trial court clearly erred. The questions upon cross-examination were clearly competent and important to the plaintiff. It was not necessary to make a profert upon cross-examination. … In so doing, he clearly, invades the province of the jury and answers the very question which they are required to answer — Did the defendant use due care?

Gaston v. City of Toledo

106 Ohio App. 3d 66 · Ohio Court of Appeals · Aug 25, 1995

Shipley (1991), 932 F.2d 1147, 1151 (“In the Sixth Circuit, however, it is ‘clearly established’ law that ‘the Fourth Amendment forbids the unannounced, forcible entry of a dwelling in the absence of exigent circumstances … In this case, service was performed by way of certified mail which is clearly not in accordance with the requirement of Civ.R. 15(D).”

State v. Toudle

2013 Ohio 1548 · Ohio Court of Appeals · Apr 18, 2013

review requires us to review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … Dollison’s testimony was sufficient to establish that Toudle withheld information from her about the prescription for Percocet that she obtained from Dr.

Hostetter v. Muskingum Watershed Conservancy District

58 Ohio App. 161 · Ohio Court of Appeals · Mar 2, 1938

This' latter authorization is clearly directed toward the assessment power vested in the board under Sub-section 45 of the act (104 Ohio Laws, 37), which provides that it “shall levy on all real property, upon which benefits … We cannot be concerned here with things that are aesthetic, nor with the propriety of establishing additional playgrounds for the people. We hold that: 1.

State v. Harry, Ca2008-01-013 (12-8-2008)

2008 Ohio 6380 · Ohio Court of Appeals · Dec 8, 2008

Circumstantial evidence may be used to establish any element of any crime. Jenks , 61 Ohio St.3d at paragraph one of the syllabus. … *Page 20 {¶ 60} "Ohio courts permit a qualified expert interpreting certain scientific or medical facts which are beyond the experience, knowledge or understanding of the jury to express an opinion as to the probability or

State v. Cassano

2012 Ohio 4047 · Ohio Court of Appeals · Sep 6, 2012

review requires us to review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … Weis, 147 Ohio St. 416, 425-426, 72 N.E.2d 245 (1947). {¶22} To qualify for the business-records exception, a record must meet the following criteria: (1) the record must be one recorded regularly in a regularly

Danopulos v. Am. Trading II, L.L.C.

2021 Ohio 2196 · Ohio Court of Appeals · Jun 30, 2021

Consequently, we will reverse the trial court’s judgment only when the trial court “clearly lost its way and created a manifest miscarriage of justice.” Fischoff v. Hamilton, 1st Dist. Hamilton No. … Karaman’s testimony on the value of mid-range diamonds, this testimony was enough—if deemed credible—to establish a reasonable fair market value for the bracelet.

State v. Dickerson

2021 Ohio 3257 · Ohio Court of Appeals · Sep 15, 2021

2929.13(B)(1)(b) reads, “[t]he court has discretion to impose a prison term upon an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying … The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: [Cite as State v. Dickerson, 2021-Ohio-3257.]

State v. Roepke

2011 Ohio 6369 · Ohio Court of Appeals · Dec 7, 2011

While Crim.R. 44 does control the type of penalty that may be imposed on an unrepresented defendant charged with a petty offense, it does not alter or qualify the ability of such a defendant to enter a guilty plea or a … The two waiver forms signed by Appellant further establish the nature of the rights Appellant is giving up when she enters her plea and the extent of her right to counsel.

Friesen v. Friesen, 07ap-110 (3-6-2008)

2008 Ohio 952 · Ohio Court of Appeals · Mar 6, 2008

Comm. (1990), 48 Ohio St.3d 43 , 44 . {¶ 51} The evidence offered at the hearing clearly and convincingly supports the trial court's finding of contempt. … Further, the FCCSEA records established that plaintiff's spousal support arrearages totaled $22,704.80 as of May 15, 2006.

Borgmann v. Borgmann

16 Ohio App. 292 · Ohio Court of Appeals · Mar 13, 1922

simple of the real estate in question herein, and other real estate not included in this consolidated action; that she left a last will and testament, and the executor and executrix named therein were duly appointed and qualified … The principle is stated that an executor, while not called a trustee in the will, may as such be vested with all the powers and duties of a trustee, and some cases are cited to establish this principle.