Case law

Wiener v. Wiener

2013 Ohio 1849 · Ohio Court of Appeals · May 6, 2013

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 … Much of the trial court's discussion appears to be aimed at establishing parity or equity as between Husband and Wife; much of the discussion about "needs" and charitable activities was addressing Wife's lifestyle.

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.

State v. Rohrer

2015 Ohio 5333 · Ohio Court of Appeals · Dec 10, 2015

her of liberty must be balanced against the state's interest in committing those who are mentally 3 5122.42, preservation of rights and privileges, provides: “Nothing in this chapter limits any rights, privileges, or immunities … It appears that R.C. 5122.01(A)(4) and (12) both clearly address the situation where psychiatric records are used for an initial or continued commitment hearing. {¶ 57} Dr.

State v. Galloway

2014 Ohio 1154 · Ohio Court of Appeals · Mar 24, 2014

The reviewing court must consider all the evidence in the record, the reasonable inferences, and the credibility of the witnesses, to determine whether, “in resolving conflicts in the evidence, the [trier of fact] clearly … The foregoing discussion establishes that there was evidence from several sources to support a conclusion that Galloway did commit a trespass, and that he had no basis for believing he was privileged to be in the home.

In re D.A.

2024 Ohio 1416 · Ohio Court of Appeals · Apr 10, 2024

The court set the matter for a review hearing and a hearing on the placement of one or more of the children in a qualified residential treatment program (“QRTP”) for March 15, 2022. … Samantha admitted that they established separate housing because she “felt that would provide perhaps the best chance of regaining custody.”

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

State v. Jackson

110 Ohio App. 3d 137 · Ohio Court of Appeals · Mar 29, 1996

To this basic rule there are but a few specifically established exceptions. … Following the reasoning established in Terry v.

Stephen v. Fox

28 Ohio Law. Abs. 123 · Ohio Court of Appeals · Jul 1, 1938

will having been executed on the 6th day of December, 1921, which was duly admitted to probate in the Probate Court of Monroe County, Ohio, and was duly probated and letters testamentary were issued to the plaintiffs who qualified … The court further say: “This is declared by him to be the rule that is now finally established in England.

Mount Carmel Medical Center v. Auddino

53 Ohio App. 3d 62 · Ohio Court of Appeals · Sep 20, 1988

, death or unemployment, or vacation benefits * * *” qualifies as an “employee welfare benefit plan” under Section 1002(1)(A), Title 29, U.S. … The trial court in its March 16, 1988 decision correctly stated that the question is not whether the court has concurrent jurisdiction because clearly it does.

State v. Cook

2020 Ohio 3411 · Ohio Court of Appeals · Jun 22, 2020

Kuhr’s testimony clearly establishes that, by reason of her education, training, experience, and specialized knowledge, she is an expert on matters of child sexual abuse. … As discussed in exhaustive detail above, the State presented substantial evidence establishing Cook’s guilt.

State v. Beckett, 06 Ha 584 (6-21-2007)

2007 Ohio 3175 · Ohio Court of Appeals · Jun 21, 2007

Clearly, Beckett was brought to trial within that time. … Therefore the defendant's argument that because he was not placed in a jail facility or in an individual cell would not stand legal screening." (01/31/06 Tr. 134-136). {¶ 73} The above does not clearly establish that Beckett

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. Bryant, Ca2007-02-024 (6-23-2008)

2008 Ohio 3078 · Ohio Court of Appeals · Jun 23, 2008

Benge , 75 Ohio St.3d 136 , 143 , 1996-Ohio-227 . {¶ 12} It is well-established that both circumstantial and direct evidence have the same probative value, and in some instances, certain facts can be established only by circumstantial … therefore overruled. {¶ 34} Assignment of Error No. 1: {¶ 35} "THE TRIAL JUDGE ABUSED HIS DISCRETION WHEN HE ALLOWED DETECTIVE HENNING TO TESTIFY ABOUT AN EMPLOYEE'S OUT-OF-COURT ORAL STATEMENTS AS THOSE STATEMENTS DID NOT QUALIFY

Cincinnati Insurance v. Getter

194 Ohio App. 3d 788 · Ohio Court of Appeals · Jul 5, 2011

The court noted that while the parties had qualified the phrase “wear and decay” in the surrender clause with the word “ordinary,” they did not qualify in any way the phrase “loss by fire,” and thus the phrase “loss by fire … The first approach is the rule established in Sutton v.

State v. Silverman

176 Ohio App. 3d 12 · Ohio Court of Appeals · Feb 15, 2008

Said (1994), 71 Ohio St.3d 473 , 644 N.E.2d 337 , for the proposition that the state failed to establish Mikel’s competency. … In other words, under unique circumstances we make a qualified assumption that the declarant related what she believed to be true at the time she made the statement.

State v. Gay, 21581 (5-18-2007)

2007 Ohio 2420 · Ohio Court of Appeals · May 18, 2007

The record demonstrates that the majority of the prosecutor's argument focused on establishing Gay's guilt by using the evidence presented. … With no evidence to support this accusation, the prosecutor clearly denigrated defense counsel's role as a servant of the law.

State v. Williamson, 21709 (7-27-2007)

2007 Ohio 3820 · Ohio Court of Appeals · Jul 27, 2007

. {¶ 10} The state presented testimony from James Davison, the victim, that was adequate to establish the essential elements of aggravated robbery. … , an appellate court reviews the entire record, "`weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in *Page 5 resolving conflicts in the evidence, the jury clearly

State v. Billips

2025 Ohio 108 · Ohio Court of Appeals · Jan 16, 2025

The State, however, must prove the elements of the qualifying predicate offense — including any mens rea element specific to that criminal act. Id. … On this record, we are not able to say that the record clearly and convincingly does not support the trial court’s findings.

Evans v. Ohio State University

112 Ohio App. 3d 724 · Ohio Court of Appeals · Jul 23, 1996

On the contrary, the Boy Scout Handbook clearly provides, ‘[w]hat the troop does is planned by the patrol leaders’ council.’ … Even assuming that the Court of Claims erred in finding that OSU was entitled to statutory immunity on the grounds that the decision not to disseminate information about Waites’s criminal record constituted a basic policy

Upkins v. Brosh

2018 Ohio 2971 · Ohio Court of Appeals · Jul 27, 2018

He asserts that Upkins “failed to both establish that he has a meritorious defense or claim to present if relief is granted and he failed to establish that he is entitled to relief under one of the grounds stated in Civ.R … Finally, Brosh asserts that Upkins “has failed to plead operative facts in his complaint that would overcome [her] right to prosecutorial immunity.” {¶ 22} Upkins filed a reply brief, attached to which are copies