Case law

State v. Wheeler

2015 Ohio 3231 · Ohio Court of Appeals · Aug 13, 2015

Moreover, R.C. 2929.15(A)(2)(b) clearly vests the probation department with authority to initiate violation hearings by reporting community control violations to the trial court. … municipal corporations, townships, counties, school districts, and all other bodies corporate and politic responsible for governmental activities only in geographic areas smaller than that of the state to which the sovereign immunity

Rowe v. Artis, Unpublished Decision (1-8-2001)

Ohio Court of Appeals · Jan 8, 2001

, privileges or immunities secured by the Constitution or laws of the United States." 1946 St. … Therefore, nearly two years before the alleged seizure in this action, the right of a fleeing suspect to be free from unreasonable seizure by "deadman roadblocks" was clearly established under the teachings of Brower."

Robinson v. Republic Steel Corp.

50 Ohio Law. Abs. 257 · Ohio Court of Appeals · Jan 12, 1948

clearly distinguishable. … The facts in that case are clearly distinguishable from the case here under consideration.

State v. Scandrick, 2007 Ca 10 (12-19-2008)

2008 Ohio 6734 · Ohio Court of Appeals · Dec 19, 2008

weight of the 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 … "Contrastingly, the decision as to which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified, by reason and

Bechtel v. Rorick

65 Ohio App. 455 · Ohio Court of Appeals · Jun 5, 1939

They are asking the court to require that all deposited bonds and coupons, and all the records and property of the committee, be turned over to “some person or institution qualified to handle the matter * * * and that the … By various proceedings in federal courts, the committee has so far successfully opposed these efforts and has established the bonds as valid obligations of the district.

State Ex Rel. Leis v. William S. Barton Co.

45 Ohio App. 2d 249 · Ohio Court of Appeals · Sep 15, 1975

This Court considers it is well qualified to understand what are contemporary community standards in the forum community. … Contemporary community standards are not exclusively established by what is or is not available for sale in some book stores.

State v. Smith

84 Ohio App. 3d 647 · Ohio Court of Appeals · Dec 31, 1992

Such evidence is never admissible when its sole purpose is to establish that the defendant committed the act alleged of him in the indictment. State v. … In this case the fact of the crimes is not open and evident, but is clearly in issue.

J.E.S. v. A.S.

2026 Ohio 458 · Ohio Court of Appeals · Feb 12, 2026

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 … The court found the testimony established that Wife is voluntarily underemployed based upon her education, work history, and potential employment.

Basha v. Ghalib, 07ap-963 (8-7-2008)

2008 Ohio 3999 · Ohio Court of Appeals · Aug 7, 2008

According to appellant, Ghalib qualifies as an "insured" under the Policy, and the MCS-90 binds Canal to pay for injury resulting from the negligence of an "insured." … R. 56 and established there was no genuine issue of material fact with respect to the cause of the accident.

Capital Care Network of Toledo v. State of Ohio Dept. of Health

2016 Ohio 5168 · Ohio Court of Appeals · Jul 29, 2016

Did the Director of Health properly conclude that a transfer agreement between a Toledo clinic and an Ann Arbor hospital 52 miles away either (1) does not qualify as a “written transfer agreement” with a … “local hospital” under R.C. 3702.303(A), or (2) does not qualify as an agreement that adequately provides for safe “transfer of patients in the event of medical complications [or] emergency situations

State ex rel. Bates v. Pub. Emps. Retirement Bd.

2014 Ohio 1183 · Ohio Court of Appeals · Mar 25, 2014

If these criteria are met, there is not a duality of interest on the part of the public official. {¶ 114} Relators assert that the above requirements clearly establish that the FCPDC had … However, following the incorporation of FCPDNP, the person in charge was clearly identified as the director of the FCPDNP.

In re W.W.

2023 Ohio 2149 · Ohio Court of Appeals · Jun 28, 2023

They are established with medical, dental, and mental health providers near Mother’s home. … In fact, Father has not even identified counselors who would be available and qualified to work with the children.

State v. Jackson

2019 Ohio 2130 · Ohio Court of Appeals · May 31, 2019

The State’s Evidence at Trial {¶ 2} The State’s evidence at trial established the following facts. {¶ 3} At approximately 8:50 p.m. on December 25, 2017, Mary Howell went to the Speedway gas station near … “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, or growing out of necessity.”

State v. Hooper

2025 Ohio 1594 · Ohio Court of Appeals · May 5, 2025

The trial court stated as follows: Trial counsel acted more than reasonably in relying on the expertise of a qualified expert in the relevant field to guide them through L.S.’s injuries and to … Further, “‘Ohio case law clearly shows that alternate or supplementary theories from expert witnesses, which are presented in postconviction proceedings, are not sufficient to establish ineffective assistance of counsel

Honey Creek Regular Baptist Church v. Wilson

59 Ohio Law. Abs. 52 · Ohio Court of Appeals · Apr 1, 1950

No one of the witnesses for the plaintiff, who qualified as experts in the field of the doctrine and practices of the Baptist Church, said that the extending of the right hand of fellowship was an essential and integral part … The membership of the church being established, the procedure to discharge the defendant if the church desired to do so was apparent and should have been followed.

Bob Krihwan Pontiac-GMC Truck, Inc. v. General Motors Corp.

145 Ohio App. 3d 671 · Ohio Court of Appeals · Sep 20, 2001

The hearing examiner clearly considered the factors in R.C 4517.55(A) and not simply the felony conviction itself. … Rather, it was clearly the totality of the evidence and circumstances in this particular case that led to a finding of good cause.

State v. Romy

168 N.E.3d 86 · Ohio Court of Appeals · Feb 24, 2021

This is insufficient to establish the trial court abused its discretion. {¶62} Appellant’s Third Assignment of Error is overruled. … Taken in context, we are not persuaded that the outcome of the trial clearly would have gone the other way but for the alleged error.

W.A. Smith Fin., L.L.C. v. Doe

2026 Ohio 184 · Ohio Court of Appeals · Jan 22, 2026

(finding that letters to the editor qualify as a “well established genre” of opinionated speech), citing Vail, 72 Ohio St.3d 279 at 282, (1995) and Ollman at 984; Scott at 253 (finding that the sports page was a “traditional … The false statements published by the defendants had no basis in fact and clearly had a ‘tendency to injure the plaintiff in (its) trade or occupation.’” Id., quoting Williams v.

Slusher v. Oeder

16 Ohio App. 3d 432 · Ohio Court of Appeals · May 21, 1984

Clearly, had Oeder directly and personally confronted Slusher and made his threats, demands and intentions known to Slusher, such would be a sufficient basis for bringing an action for the intentional infliction of emotional … Furthermore, there would appear to be no sound reason to grant immunity to a tortfeasor *437 intentionally inflicting serious emotional distress under myriad outrageous circumstances simply because a marital relationship

State v. Albright

2016 Ohio 7037 · Ohio Court of Appeals · Sep 27, 2016

Privilege is defined by statute 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 necessity.” … Dunn, 480 U.S. at 304. {¶28} Even if a certain area around a home qualifies as curtilage, this does not per se mean an officer cannot enter the area without a warrant.