Case law

Ryncarz v. Aurora, Unpublished Decision (12-5-2003)

2003 Ohio 6696 · Ohio Court of Appeals · Dec 5, 2003

Thus, this evidence conclusively establishes that Roberta had no legal right to drive. {¶ 22} Based on Baryak, supra, appellant fails to present any evidential material establishing that appellees acted maliciously and without … Consequently, we need not address the issue of governmental immunity.

State v. Vaughn

2025 Ohio 2274 · Ohio Court of Appeals · Jun 30, 2025

collection or the initials of the person collecting the sample; (4) the urine was not refrigerated while stored nor was it kept for one year from the date of the incident; and (5) the urine sample was not collected by qualified … "Substantial compliance is limited to excusing only deviations from the regulations that are 'clearly de minimis,' i.e. irregularities amounting to 'minimal procedural deviations.'" State v.

State Ex Rel. Cromwell v. Montgomery County Treasurer

80 Ohio App. 357 · Ohio Court of Appeals · May 7, 1947

Myers has been acting as the duly elected and qualified Treasurer of Montgomery County, Ohio; that from 1934 to 1943, inclusive, the Miami Conservancy District paid to Chester A. … In our consideration of the provisions of this section, and the ascertainment of - the legislative intent, we recognize and apply the well-established principle of law that the legislature are presumed to know the existing

Dolan v. Glouster

2014 Ohio 2017 · Ohio Court of Appeals · May 5, 2014

Because malice is a necessary element of the claim and an exception to an employee's immunity under R.C. 2744.03(A)(6) . . .’” … may be asserted to establish nonliability: * * * (6) In addition to any immunity or defense referred

State v. Donner

96 Ohio App. 3d 486 · Ohio Court of Appeals · Aug 24, 1994

She has argued that the trial court incorrectly denied her motion to •withdraw because (1) she established that she had a valid defense to the charge against her; (2) she established that she had entered her guilty plea in … that a woman is a battered woman, and when an expert is qualified to testify about the battered woman syndrome, expert testimony concerning the syndrome may be admitted to assist the trier of fact in determining whether

Harrison v. State

19 Ohio App. 191 · Ohio Court of Appeals · Aug 14, 1924

We think not. “ Exaggerated, ” if used alone, might be open to objection, but we think when qualified by the word “wilfully,” it is sufficient. … "We reach the conclusion that the evidence was clearly sufficient; to sustain the charge in the following particular, to-wit, as to knowingly issuing the statement and the falsity thereof.

State v. Akins

2024 Ohio 1491 · Ohio Court of Appeals · Apr 19, 2024

Miller later approached the police with his attorney and entered into a cooperation agreement to testify in exchange for immunity from prosecution for having a weapon while under a disability. {¶9} Akins was … These statements do not clearly imply that Akins had a burden to prove anything.

DeBlasio v. Sinclair

2012 Ohio 5848 · Ohio Court of Appeals · Dec 4, 2012

Allen Sinclair (Sinclair) joined DiBlasio, an attorney with an established practice, in a partnership to practice law. (Sinclair dep., Vol. I, pp. 8, 29, 34.) … It refers to the remaining defendants as an affiliate and/or insider of Sinclair, clearly referencing the language used by the Ohio Uniform Fraudulent Transfer Act and R.C. Chapter 1336.

State v. Kish

2026 Ohio 2409 · Ohio Court of Appeals · Jun 25, 2026

However, it is well established that “[t]he trial court need not recite the findings verbatim.” State v. Pettus, 2019-Ohio-2023, ¶ 65 (1st Dist.), citing Bonnell, at ¶ 29; see also State v. … Specifically, the trial court noted that, although parents have discretion to punish their children, the punishment that Kish inflicted on the children was “troubling,” “clearly illegal; it was clearly against the law.”

Bank of Am., N.A. v. Calloway

2016 Ohio 7959 · Ohio Court of Appeals · Dec 1, 2016

Additionally, Davis established the chain of title of the mortgage. … R. 803(6) specifically provides that the testimony can be provided either by the “custodian or other qualified witness.”

State v. Bertram

2022 Ohio 2488 · Ohio Court of Appeals · Jul 15, 2022

As we noted earlier in our decision, the record does not clearly reveal that the jury actually observed appellant in restraints. … In light of this uncertainty, appellant cannot establish prejudice.

In re O.M.

2023 Ohio 341 · Ohio Court of Appeals · Feb 6, 2023

For reasons I state later in this analysis, I believe such an argument fails to establish neglect. {¶59} However, the complaints fail to make factual allegations from which that situation can be clearly understood … or from which that argument can be clearly raised.

State v. Powell, Unpublished Decision (6-12-2002)

Ohio Court of Appeals · Jun 12, 2002

The trial court did not question McCarter concerning the basis of her assertion of the privilege, nor did the state object, having apparently decided not to offer McCarter either use or transactional immunity. … Based upon our review of the record, we hold that there was clearly sufficient evidence upon which to convict Powell of domestic violence.

Youngstown Edn. Assn. v. Kimble

2016 Ohio 1481 · Ohio Court of Appeals · Apr 8, 2016

Kimble seeks to have this definition establish Staten as a teacher. … As earlier stated, YEA's likelihood of success on the merits in this regard is clearly established.

City of Cincinnati v. Langan

94 Ohio App. 3d 22 · Ohio Court of Appeals · Mar 23, 1994

The weapons and magazines involved in this case are clearly prohibited by the ordinance. … However, he opined that the Ruger Mini 14 would not qualify for such events. 6 .

Vince v. City of Canton, Unpublished Decision (4-13-1998)

Ohio Court of Appeals · Apr 13, 1998

The trial court further found, assuming arguendo , appellants could establish proximate cause, the City was protected from liability under the doctrine of sovereign immunity. … These facts clearly establish that the police officer, although in pursuit of the decedent, was at such a distance that he did not proximately cause the decedent to crash his motorcycle.

State v. Wright

2011 Ohio 5761 · Ohio Court of Appeals · Nov 4, 2011

He is, therefore, best qualified to determine what credence or consideration should be given to the retraction, and his opinion is accordingly entitled to great weight. … This does not establish a specific instance of untruthfulness or significantly affect her credibility.

State v. Hoffman, 07ap-886 (12-16-2008)

2008 Ohio 6602 · Ohio Court of Appeals · Dec 16, 2008

He testified he felt qualified to look at the animals and determine whether a crime was committed. (Tr., at 65.) … issue which is to be established before them.

State v. Trimble

2018 Ohio 3444 · Ohio Court of Appeals · Aug 27, 2018

The defense has not established that Mr. Muldowney possessed any information that would change the result if a new trial were granted. … presumed the exercise of due diligence on Trimble’s part despite the absence of evidence of any diligence being exercised. {¶38} The purportedly “newly discovered evidence” cited by Trimble in his motion did not qualify

State v. Hervey

2022 Ohio 1498 · Ohio Court of Appeals · May 5, 2022

“‘Clear and convincing evidence is that measure or degree of proof * * * which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.’” State v. … I say this qualifiably [sic]; because when you look at what happened, there are multiple counts over a span of years * * *. (Emphasis added.)