Case law

State v. Moore

2019 Ohio 4586 · Ohio Court of Appeals · Nov 6, 2019

thirteenth juror,” and after “reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly … For example, the Supreme Court of Ohio has held that police officers trained and qualified may testify that a substance is marijuana without a laboratory test as long as there is a sufficient foundation laid to establish

Shank v. Charger, Inc.

186 Ohio App. 3d 605 · Ohio Court of Appeals · Mar 19, 2010

When Shank arrived in Springfield, his brakes were clearly dragging. … Thus, the same standard applies whether one is establishing an unconscionable act under R.C. 1345.03(B)(6), based on the defendant’s act of knowingly making a misleading statement of opinion, or is establishing entitlement

The Bank of New York Mellon v. Lewis

2014 Ohio 5599 · Ohio Court of Appeals · Dec 19, 2014

Under her deposition testimony, Kuo clearly lacked the personal knowledge necessary to qualify business records under Evid.R. 803(6). {¶ 35} Where a Civ.R. 30(B)(5) representative “fails to answer a question or … that Countrywide was entitled to indorse the note to itself on behalf of Full Spectrum to establish negotiation of the note.

Frigo v. Uaw Local 549, Unpublished Decision (8-2-2005)

2005 Ohio 3981 · Ohio Court of Appeals · Aug 2, 2005

Appellant did in fact work in such a program and the fact that he would have looked better, had more information been provided about his work history, does not establish a claim for defamation. … Qualified Privilege {¶ 32} Ohio courts have recognized that certain statements, regarding matters of social importance, are privileged and thus, are immune from liability. Hahn v.

State v. Singleton

2016 Ohio 5443 · Ohio Court of Appeals · Aug 19, 2016

Singleton responded clearly and appropriately to Alley’s questions and those posed by the other detective in the room. … P.B.’s additional responses to A.M. -- which told A.M. to call her, asked A.M. who had raped her (A.M.), asked A.M. if she was “for real,” and telling A.M. to come over – also were not assertions, and thus did not qualify

State v. Glenn

2012 Ohio 3075 · Ohio Court of Appeals · Jul 5, 2012

The Verizon records established that Glenn periodically informed the user of the Boost Mobile phone of his whereabouts and activities during the night. … A reviewing court may reverse the judgment of conviction if it appears that the trier of fact “clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial

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.

Turner v. Turner

2024 Ohio 2200 · Ohio Court of Appeals · Jun 7, 2024

It is well-established, however, that “an equitable division of marital property need not be an equal one,” Dunn v. … In failing to come prepared for trial, either with or without counsel, appellant clearly 31. contributed to the circumstance which gave rise to her request for a continuance.

In re Henry Cty. Regional Water & Sewer Dist.

2020 Ohio 4341 · Ohio Court of Appeals · Sep 8, 2020

On July 19, 2002, the trial court issued a preliminary order establishing the HCRWSD. (Doc. No. 2). … Importantly, the relief requested by the HCRWSD and the NWWSD in the respective court of common pleas is personal to the petition establishing each district.

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. Gipson

2022 Ohio 2069 · Ohio Court of Appeals · Jun 17, 2022

The offense was subject to the provisions of the Reagan Tokes Law, which sets forth an indefinite sentencing scheme for certain qualifying first and second-degree felonies committed on or after March 22, 2019. … Moreover, prejudice must be established “on the face of the record.” Dangler at ¶ 24, quoting Hayward v. Summa Health Sys.

State v. Kennedy

2013 Ohio 4221 · Ohio Court of Appeals · Sep 27, 2013

. {¶49} Kennedy also suggests that Stuckey’s statements did not qualify as dying declarations because Stuckey did not pass away immediately. … Further, we hold Stuckey’s statements to Officer Schultz qualified as dying declarations under the common law.

In re Contempt of Christman

190 N.E.3d 1225 · Ohio Court of Appeals · Jun 9, 2022

There are people on the floor who are immune-compromised who cannot make antibodies. There is an Administrative Order requiring all people entering the building to wear a mask. … He pulled his mask down because he wanted the court to clearly hear his argument.

State v. Fields

2025 Ohio 2248 · Ohio Court of Appeals · Jun 27, 2025

The evidence at trial established that Fields and E.A. were previously in a romantic relationship. … Nor does she dispute that E.A. qualifies as a family member because they share a child.

Vacheresse v. Paulchel

2023 Ohio 3226 · Ohio Court of Appeals · Sep 12, 2023

Vacheresse did not present any expert evidence—e.g., a report from another appraiser or testimony from a qualified realtor—concerning the value of the Johnstown property at trial. {¶ 19} On appeal, Ms. … She did not offer her own appraisals into evidence or call any qualified experts to testify about their assessment of the Johnstown property’s value. Thus, Ms.

In re Guardianship of Shriver

2015 Ohio 5172 · Ohio Court of Appeals · Dec 4, 2015

Addison testified that appellee was able to clearly express his wishes and desires and that he seemed to comprehend what was said to him. … Kirkbride testified that appellee was coherent, and was able to clearly converse and comprehend at the meeting.

Wheeling Corp. v. Columbus & Ohio River Railroad

147 Ohio App. 3d 460 · Ohio Court of Appeals · Dec 20, 2001

ORDC issued the RFP, establishing a competitive selection process, in order to determine the best qualified operator and to enter into an operating agreement with the selected rail operator. {¶ 2} The proposal process was … Gustafson clearly was well- *486 qualified to testify as an expert in the case, and his testimony supports the trial court’s conclusion both with respect to the feasibility of basing safety data on two years’ experience for

State v. Jackson

246 N.E.3d 700 · Ohio Court of Appeals · Jun 25, 2024

The defendant bears the burden to establish that R.C. 2941.25 prohibits multiple punishments. State v. Washington, 2013-Ohio-4982, ¶ 18. C. … but not to the extent of such certainty as is required “beyond a reasonable doubt” in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established

In re K.P.

2022 Ohio 1155 · Ohio Court of Appeals · Apr 5, 2022

The three-month period between his release and the permanent custody hearing was insufficient to establish a stable period of sobriety. … K.P. has been in the Agency's custody for over two years and no longer qualifies for temporary custody under R.C. 22151.415(D); K.P. does not meet the requirements for a planned permanent living arrangement under R.C.

State v. Thornsley

2025 Ohio 5128 · Ohio Court of Appeals · Nov 12, 2025

Even if these elements are established, a business record may be excluded from evidence if “the source of information or the method or circumstances of preparation indicate lack of trustworthiness.” … as a thirteenth juror and “in reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether in resolving conflicts in evidence the jury ‘clearly