Case law

State Ex Rel. Stokes v. Probate Court of Cuyahoga County

17 Ohio App. 2d 247 · Ohio Court of Appeals · Mar 7, 1969

Sections 733.72 to 733.77, inclusive, Revised Code, establish a procedure for the removal of an officer of a municipal corporation. … We cannot dispute that such rule is well-established.

Bank of Am. v. Curtin

2014 Ohio 5379 · Ohio Court of Appeals · Dec 8, 2014

“The question of who may lay a foundation for the admissibility of business records as a custodian or other qualified witness must be answered broadly.” Martz, 2013-Ohio-4555, at ¶ 25. … Therefore, the rebuttable presumption afforded by the mailbox rule is inapplicable because the contract between the parties clearly provides that notice by regular mail is considered completed “when mailed.”

Ray v. Ohio Dep't of Health

114 N.E.3d 297 · Ohio Court of Appeals · Jun 5, 2018

She clearly didn't think that she needed to respect me. … Since an employee must prove all three elements in order to establish a prima facie case of disability discrimination, the failure to establish any single element is fatal to a discrimination claim.

Tanya v. Cincinnati Board of Education

100 Ohio App. 3d 52 · Ohio Court of Appeals · Jan 18, 1995

The trial court stated in its decision that “[t]he evidence at trial established that the cost for the school year, in the form of compensating an LPN assigned only to Tanya, approximated $34,520.” … While this observation is clearly an aside to our decision, we are convinced that we have implemented in it the intentions of the General Assembly.

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 Farm Mutual Automobile Ins. v. Valentine

29 Ohio App. 2d 174 · Ohio Court of Appeals · Sep 14, 1971

It is clearly a “theft” as to the coverage afforded Mrs. Ziesemer. Counsel for the parties to this cause agreed that the decision in Hardware Mutual Casualty Co. v. … Replevin will not lie unless ownership of, or an interest in, the chattel sought to be recovered is established. (47 Ohio Jurisprudence 2d 350, Section 1, et seq.)

State v. Davis

2020 Ohio 3199 · Ohio Court of Appeals · Jun 5, 2020

There is no dispute that the Thompsons’ home qualifies as an “occupied structure.” {¶ 23} Davis contends that his conviction for aggravated burglary was not supported by sufficient evidence because the State failed … Greene No. 2019-CA-43, 2020-Ohio-1524, ¶17, quoting Martin at 175. {¶ 44} After reviewing the record and weighing the evidence and all reasonable inferences, we do not find that the jury clearly lost its way and

State v. Ibrahim

2015 Ohio 3345 · Ohio Court of Appeals · Aug 20, 2015

The evidence presented by the state in this case, if believed, establishes the elements of rape defined in R.C. 2907.02(A)(1)(b). … He contends Wheeler was not qualified to make the diagnosis.

Auto-Owners Insurance v. Merillat

167 Ohio App. 3d 148 · Ohio Court of Appeals · May 19, 2006

Further, the term “resident” has no fixed meaning in the law, and ambiguous words will be construed in favor of coverage with “ ‘greater force to language that purports to limit or to qualify coverage.’ ” Id., quoting Watkins … Brown (1994), 97 Ohio App.3d 160, 164 , 646 N.E.2d 485 . “ ‘That which is not clearly excluded from coverage is included.’ ” Id., quoting Prudential Property & Cas. Co. v.

State v. Cantrall

96 N.E.3d 1089 · Ohio Court of Appeals · Aug 31, 2017

Grewal diagnosed Cantrall with borderline personality disorder, which would not qualify under the insanity statute as a severe mental disease. But Dr. … Moreover, if Cantrall was thinking "clearly and rationally" at the time of Dr.

State v. Philpot

2020 Ohio 104 · Ohio Court of Appeals · Jan 16, 2020

consecutive sentences as to those cases — even though he did not preside at the December 27, 2018 sentencing hearing and did not make any of the requisite findings at the sentencing hearing.3 It is well-established … care or rehabilitation, setting forth its findings with respect to each of those factors as follows: The court finds after a full investigation, including a mental examination of said child made by a duly qualified

Bader v. Ferri

2013 Ohio 3074 · Ohio Court of Appeals · Jul 15, 2013

in golf and that she possessed a meritorious claim because the Release did not bar recovery for her alleged injury, which she says resulted from BGSU athletic trainers’ improper diagnosis and failure to refer her to a qualified … not covered by the Release because the injuries stemmed not from her participation in golf at BGSU, but from the BGSU athletic trainers improperly diagnosing her with sciatica, and their refusal “to refer Bader to a qualified

State v. Smith

2011 Ohio 2568 · Ohio Court of Appeals · May 27, 2011

Plain error does not exist unless, but for the error, the outcome of the proceeding clearly would have been different. State v. Harris, Montgomery App. … offense could have been established). {¶ 29} We find Reed to be distinguishable.

State v. Zink

2023 Ohio 1250 · Ohio Court of Appeals · Apr 17, 2023

Zink has not established that he was prejudiced by the court’s statements about the definition of “acute.” Mr. … “All three of these elements must be present to establish self-defense.”

In re L.P.

2015 Ohio 4164 · Ohio Court of Appeals · Oct 7, 2015

As a qualified expert in her field, the counselor testified that the children’s psychological files were complete. … Father does not argue that the witness was not qualified as an expert.

Cleveland v. Johnson

2014 Ohio 4083 · Ohio Court of Appeals · Sep 18, 2014

In McGlothan, the Supreme Court clarified Williams and held that evidence of shared financial responsibilities is merely one factor among many that the factfinder may consider when deciding whether the victim qualifies … If the identification testimony is credible, the factfinder may disbelieve the defendant’s alibi defense or vice versa. {¶19} The trial court clearly misunderstood the alibi defense.

Minor v. Eldridge

2014 Ohio 3120 · Ohio Court of Appeals · Jul 14, 2014

However, the record clearly indicates Appellee did not intend for the driveway to be used permanently by Appellant. … Appellant fails to include the qualifier; i.e., the easement is reasonably necessary for such beneficial use.

State v. Torres

2016 Ohio 3061 · Ohio Court of Appeals · May 19, 2016

The Zeh court also held that it is sufficient for the state to establish substantial impairment by offering evidence at trial establishing a reduction or decrease in the victim’s ability to act or think. … sustains the issue which is to be established before them.

State v. McNear

2022 Ohio 2365 · Ohio Court of Appeals · Jul 7, 2022

To establish ineffective assistance of counsel, appellant must demonstrate that (1) counsel’s performance was deficient and (2) the deficient performance prejudiced the defendant so as to deprive the defendant of a fair … “The statute is written in the negative; that is, an appellate court does not need to clearly and convincingly find that the record supports the findings in order to affirm, but instead must clearly and convincingly find

Colby v. Colby

2016 Ohio 2903 · Ohio Court of Appeals · May 5, 2016

the acquisition of a professional degree of 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 … Delaware County, Case No. 15 CAF 09 0068 8 {¶29} Appellant’s challenge to the spousal support order is clearly the top priority of her brief.