Case law

State v. Henderson, 88185 (5-17-2007)

2007 Ohio 2372 · Ohio Court of Appeals · May 17, 2007

An appellate court may not *Page 8 merely substitute its view for that of the jury, but must find that "the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed … His testimony related to a matter beyond the knowledge or experience possessed by lay persons, and he was qualified as an expert by specialized experience and training.

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.

In re T.R.

2025 Ohio 2531 · Ohio Court of Appeals · Jul 17, 2025

the appellate court must weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the finder of fact clearly … (b) The child has been in an agency’s custody for two years or longer, and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Revised Code.

State, Ex Rel. Gill v. Winters

68 Ohio App. 3d 497 · Ohio Court of Appeals · Jul 9, 1990

Clearly, the City cannot say they have received no notice of this action and that it would be unjust to join them at this point if the Court, in its determination, feels that the City should be joined. ({ * * * “[I]f the … However, Bartoe was not qualified to take the examination. Of those persons eligible to take the competitive promotional examination, appellant received the highest score. Appellant was not appointed to the position.

Mkparu v. Ohio Heart Care, Inc.

138 Ohio App. 3d 7 · Ohio Court of Appeals · Nov 8, 1999

Utlak to induce highly qualified physicians into the practice with false promises of the possibility of equal ownership. We agree the pattern of conduct tended to show OHC and Dr. … Mkparu “to state in a conclusory manner that OHC had misbilled patient services in contravention of established medicare regulations.

State v. Cox

2013 Ohio 4941 · Ohio Court of Appeals · Nov 8, 2013

(A) The witness’ testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified … The record establishes that Cox failed to demonstrate that the notes were anything more than potentially useful. Significantly, Cox also failed to establish that the State lost the notes as a result of bad faith.

Fagan v. Boggs

2011 Ohio 5884 · Ohio Court of Appeals · Oct 21, 2011

a name and definition shall be identified by the name so established. … Any ingredient for which the association of American feed control officials has established a name and definition shall be identified by the name so established.

State v. Yu

2024 Ohio 3083 · Ohio Court of Appeals · Aug 14, 2024

This ordinance requires licensure of massage practitioners and establishments, and violations are misdemeanors of the first degree. … (applicant failed to meet the burden of proof by merely submitting an application stating that she qualified for a sealing of records); State v. A.V., 2019-Ohio-1037, ¶ 9 (9th Dist.)

State v. Smith

2026 Ohio 552 · Ohio Court of Appeals · Feb 13, 2026

According to Smith, “B.B. was no longer in the midst of an emergency and her statements do not qualify as excited utterances . . . .” … B.B. clearly sustained injuries, this is not in dispute. However, nothing in B.B.’s statements to the EMTs concerns who inflicted the injuries on B.B.

North Shaker Boulevard Co. v. Harriman Natl. Bank

22 Ohio App. 487 · Ohio Court of Appeals · Nov 17, 1924

, and not as a matter of opinion or judgment, the judgment below appears clearly and manifestly against the weight of the evidence. … Cas., 1918E, 1240, which was a case in foreclosure on property in Arizona mortgaged to the Bankers’ Trust Company of New *502 York, which had been qualified to do business in Arizona.

Tanner v. Carmichael

2025 Ohio 4501 · Ohio Court of Appeals · Sep 29, 2025

6 FIRST ASSIGNMENT OF ERROR: R.C. 3109.04(F)(1) IS UNCONSTITUTIONAL AS APPLIED TO [MOTHER] UNDER THE PRIVILEGES AND IMMUNITIES … Thus, the court clearly considered it.

State v. Neuhoff

119 Ohio App. 3d 501 · Ohio Court of Appeals · May 19, 1997

The state did not present the testimony of Lieutenant Hatten to establish that he received, understood or followed Trooper Szabo’s instructions. … Clearly, under Crim.R. 16, sections (B)(1)(C) and (D) are most important to a defendant in preparing a motion to suppress a breath test by challenging the RFI survey and related matters.

Bradley v. Farmers New World Life Insurance

112 Ohio App. 3d 696 · Ohio Court of Appeals · Jul 24, 1996

This brings us to the subject of Ellen’s diary, or diaries, upon which Farmers relies to establish Ellen’s state of mind when applying for the policy. … As we see it, the evidence fails to establish upon any standard of proof that Harris had an intention to murder Ellen on July 31, 1991.

State v. Williams

2025 Ohio 2190 · Ohio Court of Appeals · Jun 23, 2025

But there was no testimony or other evidence that the materials seized qualified as hemp. … As previously discussed, R.C. 3719.01(M) establishes that stems are considered part of the marihuana plant and are not excluded.

State v. Abdi

2011 Ohio 3550 · Ohio Court of Appeals · Jul 11, 2011

And Abdi was clearly one of Osman’s co- conspirators. … Once it [is] established that the witness intend[s] to claim his privilege of immunity, the court commit[s] error prejudicial to the defendant in permitting the prosecutor to continue his line of questioning, which Athens

Smith v. City of Cincinnati

85 Ohio App. 3d 13 · Ohio Court of Appeals · Jan 6, 1993

The court’s judgment entry states: “The City properly set the complement for the rank of sergeant for all times relevant per the consent decree which clearly controls the subject, and to which the FOP agreed. … The pertinent provisions of the consent decree state: “For the purpose of establishing a list of qualified candidates for promotion to the rank of police sergeant, the following procedures shall be followed: “1.

Canton v. Irwin

2012 Ohio 344 · Ohio Court of Appeals · Jan 30, 2012

Where settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates. … He testified that Smith had qualified as an expert in eminent domain cases in Summit County.

Shapiro v. Burkons

62 Ohio App. 2d 73 · Ohio Court of Appeals · Dec 14, 1978

The record clearly establishes sufficient probative evidence as to the failure to use due care by appellee to submit the issue of negligence to the jury. In Cooper v. … If there was any merit to the claim of plaintiff-appellant, qualified experts that she selected to support her claim should have been able to testify at least that the alleged negligence by defendant-appellee was, in probability

State ex rel. Sheets v. Indus. Comm.

2017 Ohio 1169 · Ohio Court of Appeals · Mar 30, 2017

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. … However, video evidence established that relator allowed an unauthorized person to review account information at least three times.

Ormond v. Rollingbrook Estates, Unpublished Decision (12-7-2000)

Ohio Court of Appeals · Dec 7, 2000

to immunity applies. … In that case, an exception to immunity applied under R.C. 2744.02 (B)(3), and none of the defenses and immunities under R.C. 2744.03 restored the political subdivision's immunity.