Case law

State v. Preston

2012 Ohio 6176 · Ohio Court of Appeals · Dec 28, 2012

. {¶ 17} One of the established exceptions to the warrant requirement is when an officer's entry into a home is authorized by the voluntary consent of the occupant. … During the suppression hearing, Officer Hirsch clearly testified that he did not intend to search appellant's house for drugs, but that he simply wanted to speak to appellant regarding his failure to restrain his dog.

In re L.R.

2019 Ohio 1152 · Ohio Court of Appeals · Mar 29, 2019

. {¶14} In this case, the evidence established that Mother was residing in Lorain County when LCCS filed its complaints. … Mother, however, had not established a residence in Cuyahoga County.

Rose v. Tievsky

2021 Ohio 3051 · Ohio Court of Appeals · Sep 3, 2021

Rose clearly does not understand legal procedure, and, like most such litigants, finds the law difficult. … Failure to Recognize Civ.R. 56 Qualified Affidavit by Dr. Rose. {¶ 89} Under this assignment of error, Dr.

Waddell v. Grant/Riverside Med. Care Found.

2017 Ohio 1349 · Ohio Court of Appeals · Apr 11, 2017

Absent direct evidence of an employer's discriminatory intent against a protected class, a plaintiff may establish discriminatory intent using the burden-shifting analytical framework established in McDonnell Douglas Corp … In a case alleging race-based termination from employment, the plaintiff must prove by a preponderance of the evidence that: (1) she is a member of a protected class, (2) she was terminated from employment, (3) she was qualified

State v. Clelland

83 Ohio App. 3d 474 · Ohio Court of Appeals · Nov 5, 1992

warrant, and the person clearly understood that he had a constitutional right to withhold consent, a finding of voluntariness is appropriate. … “Privilege,” as that term is utilized in Ohio’s criminal statutes,“means an immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship

State v. Bell

176 Ohio App. 3d 378 · Ohio Court of Appeals · May 23, 2008

Miceli’s expert testimony establishes that she possessed specialized knowledge that could aid a trier of fact in assessing whether the children actually suffered sexual abuse. … established that Bell molested either of them.

Keenan v. Wilson

19 Ohio App. 499 · Ohio Court of Appeals · Apr 29, 1925

Hoff was duly appointed and qualified as the administrator of the estate of Elizabeth J. Wilson, and on the 24th day of May, 1923, filed a petition in the Probate Court of the county against the said Romeo G. … The fact, that such authority was conferred as a part of the amendment of 1858, indicates quite clearly an intention on the part of the Legislature to make the proceeding in the Probate Court to sell real estate for the payment

Haight v. Cheap Escape Co.

2014 Ohio 2447 · Ohio Court of Appeals · Jun 6, 2014

Deputy Clerk’s claims under Section 34a and R.C 4111.14(B) failed because, on their face, “[l]ike the FLSA, both § 34a and [R.C. 4111.14(B)] limit the scope of the minimum wage and overtime provisions to individuals who qualify … Further, the legislation being challenged will not be invalidated unless the challenger establishes that it is unconstitutional beyond a reasonable doubt.” (Citations omitted.) Arnold v.

In re S.D.

2021 Ohio 3810 · Ohio Court of Appeals · Oct 27, 2021

evidence sustains the issue which is to be established before them. … Mother was unwilling to move to a shelter and did not qualify for other housing services. {¶ 25} These findings are amply supported in the record. T. at 6-8, 11-22, 30, 37, 41-44, 48, 54, 67.

Moriarity v. Elyria United Methodist Home

86 Ohio App. 3d 502 · Ohio Court of Appeals · Feb 24, 1993

23 Ohio St.2d 82 [ 52 O.O.2d 376 , 262 N.E.2d 685 ], In this context, the meaning of the term ‘abuse of discretion’ connotes more than an error of judgment; it implies a decision without a reasonable basis, one which is clearly … “The syllabus of Baugh has the operative clause, ‘ * * * preventing any volition on the part of said employee to return to work * * * ’ as a qualifier to the act of hiring permanent replacement employees.”

In re F.G.

2024 Ohio 5709 · Ohio Court of Appeals · Dec 5, 2024

of credible evidence sustains the issue which is to be established before them. … (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.

Murray v. State, Unpublished Decision (2-21-2002)

Ohio Court of Appeals · Feb 21, 2002

The claim also does not qualify as "injuries to the person" under R.C. 2305.21 . Ohio law has held that "injuries to the person" means physical injuries. Witcher v. … This statute clearly only refers to the individual who was actually imprisoned.

Chodyna v. Cuyahoga Cty., Unpublished Decision (12-16-2004)

2004 Ohio 6914 · Ohio Court of Appeals · Dec 16, 2004

Those principles, as set forth in Wills, supra, clearly indicate that a lessor has no duty to keep premises safe for third parties unless the lessor is in possession and control of the premises. … The County of Medina filed a motion for summary judgment, in which it argued that it was immune from liability. The trial court denied the County's motion, however.

Hartwig Realty Co. v. Cleveland

16 Ohio Law. Abs. 600 · Ohio Court of Appeals · Mar 5, 1934

Ellms whose opinion is clearly indicated by the excerpts of his testimony above set forth. … Where suit is brought to determine a public right, involving a matter of general interest by one qualified citizen in behalf of himself and all others similarly situated, all such other citizens are parties to the proceeding

State v. McCauley

2025 Ohio 3158 · Ohio Court of Appeals · Sep 3, 2025

. {¶20} The trial court qualified Schnirring as an expert in child sexual abuse and trauma. 4T. at 679. … He has not clearly and convincingly established that the trial court failed to consider the purposes and principles of felony sentencing or that his sentence is contrary to law.  {¶92} In short, McCauley’s thirty-six-month

Alami v. Khalid

2024 Ohio 2456 · Ohio Court of Appeals · Jun 27, 2024

The settlement agreement clearly requires the defendants to turn over to Alami the equipment and supplies according to the list outlined in Exhibit A. … However, the error was harmless because Alami failed to establish his claim for damages with reasonable certainty.

Skidmore v. Natl. Bronze & Metal of Ohio

2014 Ohio 4423 · Ohio Court of Appeals · Oct 6, 2014

protected class, (2) was discharged, (3) was qualified for the position, and (4) was replaced by, or the discharge permitted the retention of, a person of substantially younger age.”). … “In addition, we will look to the plain and ordinary meaning of the language used in the contract unless another meaning is clearly apparent from the contents of the agreement.

Rose v. Primc

2021 Ohio 3054 · Ohio Court of Appeals · Sep 3, 2021

Rose clearly does not understand legal procedure, and, like most such litigants, finds the law difficult. … Failure to Recognize Civ.R. 56 Qualified Affidavit by Dr. Rose. {¶ 75} Under this assignment of error, Dr.

Bailey v. Manor Care of Mayfield Hts.

2013 Ohio 4927 · Ohio Court of Appeals · Nov 7, 2013

under 42 U.S.C. 1396r, routinely-generated incident reports were part of residents’ Therefore, it can be argued that while federal law guarantees a resident the right to access his or her medical records, the law also clearly … If all materials viewed and utilized by review committees were deemed undiscoverable, a hospital [or other qualifying health care entity] could never be held accountable for any negligent act within the purview

McCartney v. Universal Elec. Power, Unpublished Decision (8-24-2005)

2005 Ohio 4366 · Ohio Court of Appeals · Aug 24, 2005

Humphrey is immune from R.C. 1707 liability pursuant to R.C. 1707.431 . This assignment of error is overruled. B. … McCartney's two complaints, found that the transaction in question for both cases was the sale of the stock, and concluded that "this case clearly arises from the same transaction or occurrence." {¶ 13} On appeal, Mr.