Case law

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 ex rel. Diamond v. Indus. Comm.

247 N.E.3d 540 · Ohio Court of Appeals · Jun 28, 2024

However, a claimant may qualify for a total loss of use award under R.C. 4123.57(B) even if the body part retains some residual function. State ex rel. Varney v. Indus. … This clearly constitutes some evidence to support the SHO’s determination. Although claimant contends that Dr.

Columbus v. C.G.

2021 Ohio 71 · Ohio Court of Appeals · Jan 14, 2021

s statements were nontestimonial, made to an adult whose competency was not challenged, and qualified as excited utterances under Evid.R. 803(2). … Tr. at 31-32. {¶ 81} But narrative statements repeated as hearsay do not generally qualify for the excited utterance exception.

Feichtner v. Ohio Department of Transportation

114 Ohio App. 3d 346 · Ohio Court of Appeals · Sep 28, 1995

Furthermore, a review of the depositions taken by plaintiff and presented as evidence by plaintiff clearly reveals that plaintiffs counsel was well aware of the fact that he was deposing expert witnesses; the witnesses were … Defendant’s initial decision to install such fencing along the bridge was a basic policy decision for which defendant is entitled immunity. Reynolds v.

State Ex Rel. Cottrill v. Meigs County Board of Mental Retardation & Developmental Disabilities

86 Ohio App. 3d 596 · Ohio Court of Appeals · Mar 2, 1993

The question is whether, once a right has been mandated by the legislature for qualified recipients, the state may deny it to some while continuing to offer it to others who are similarly situated. … Clearly, it may not. Jackson, supra. We do not find any authority which justifies eliminating state mandated benefits based on the inability of a county to provide them at the local level.

Beauchamp v. Compuserve, Inc.

126 Ohio App. 3d 17 · Ohio Court of Appeals · Apr 9, 1998

Absent direct evidence, to establish a prima facie case of age discrimination, an employee must demonstrate (1) that he was a member of the statutorily protected class; (2) that he was discharged; (3) that he was qualified … That affidavit was filed on May 28, 1997, which was clearly after the non-oral hearing deadline. Thus, the trial court was not required to review it.

State v. Coffman

130 Ohio App. 3d 466 · Ohio Court of Appeals · Nov 6, 1998

As such, the testimony seems clearly intended to indirectly introduce the officer's opinion as to the credibility of the prosecuting witness. … Again, he is trying to establish credibility through testimony; and he has not been qualified as an expert to give any such testimony in credibility.

State v. Brotherton

2024 Ohio 5045 · Ohio Court of Appeals · Oct 21, 2024

Defense counsel and Brotherton had clearly discussed the reason the ILC violation had been brought. … "Speculation is not sufficient to establish ineffective assistance of counsel."

State v. Bell, 06-Ma-189 (7-25-2008)

2008 Ohio 3959 · Ohio Court of Appeals · Jul 25, 2008

This established venue. … However, many of them warranted no objection by counsel because there was no error to object to, i.e. venue was clearly established, jury instructions were proper, appellant consented to the DNA sample.

State ex rel. Manor Care, Inc. v. Bur. of Workers' Comp.

2019 Ohio 2578 · Ohio Court of Appeals · Jun 27, 2019

The Disabled Workers' Relief Fund was established in 1953 to provide supplemental benefits to workers who have been granted PTD awards with low benefit rates. … No. 17AP-864 22 Analysis {¶ 49} Clearly, SIRP's position is premised, at least in part,

State v. Tyler

196 Ohio App. 3d 443 · Ohio Court of Appeals · Aug 9, 2011

The evidence was sufficient to establish that the Ross App. … The Recording Qualified as an Admission 1 Her testimony would not be hearsay, as we will discuss later in this opinion. Ross App.

In re T.D.H.

2018 Ohio 5277 · Ohio Court of Appeals · Dec 28, 2018

evidence, the appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact “clearly … The State’s evidence established the following facts. {¶ 7} In January 2016, T.D.H.’s mother had a serious health issue that required someone else to assist in T.D.H.’s care.

Riverview Health Inst., L.L.C. v. Kral

2012 Ohio 3502 · Ohio Court of Appeals · Aug 3, 2012

The petition further provides that an expert in neurology testified on behalf of Sally that her injury “qualified as a ‘global hypoxic event’ that left her with ‘no independent ability to make choices on her own.’” … However, unless the injury was intentional, the employer may be immune from suit, and the plaintiff’s attorney could be subject to a sanction under Civ.R. 11 or R.C. 2323.51.

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.

State v. Reed

2024 Ohio 972 · Ohio Court of Appeals · Mar 14, 2024

In determining whether the statements qualify as excited utterances, the record reflects that the statements recorded on the body camera were made after a startling event, made while under the stress caused by that event … The court, 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

Rhoades v. Rhoades

2014 Ohio 1869 · Ohio Court of Appeals · May 5, 2014

An abuse of discretion may be found when the trial court “applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Thomas v. … The evidence herein establishes that camping has been a principal occupation and diversion for Mr. Rhoades, since at least his retirement. Ms.

In re S.H.W.

2016 Ohio 841 · Ohio Court of Appeals · Mar 4, 2016

Cobb, 81 Ohio App.3d 179, 185, 610 N.E.2d 1009 (9th Dist.1991). {¶ 63} In the instant case, the record clearly establishes that S.H.W.’s actions were done for the purpose of sexual gratification. … Clearly, the State adduced sufficient evidence to establish that the sexual abuse occurred in Greene County, Ohio.

City of Tipp City v. Dakin

186 Ohio App. 3d 558 · Ohio Court of Appeals · Feb 26, 2010

Likewise, signs qualify as exempt “yard signs” only if they “display personal messages.” … T.C.C. 154.099(C)(3) establishes a general rule that “[s]igns shall be limited to five colors.”

State v. Patterson

2014 Ohio 1621 · Ohio Court of Appeals · Apr 17, 2014

In addition to the victim’s testimony, the state presented DNA evidence establishing Patterson as the perpetrator. … Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, the Ohio Supreme Court established the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25

In re D.C.H.

2019 Ohio 4945 · Ohio Court of Appeals · Dec 4, 2019

But when a juvenile court does so, that evidence must satisfy established evidentiary requirements, and for witnesses, that means they must offer sworn testimony. … Washington No. 16CA8, 2016-Ohio-8107, ¶ 11. {¶12} To qualify as a judgment, the juvenile court’s entry must “(1) rule[ ] on any objections, (2) adopt[ ], modif[y], or reject[ ] the [magistrate’s] decision, and (3