Case law

Barrett v. Waco International, Inc.

123 Ohio App. 3d 1 · Ohio Court of Appeals · Aug 25, 1997

We reject Waco’s remaining argument that Reynolds’s testimony was inadmissible because he was not sufficiently qualified. … However, it is not enough simply to show that Barrett used the scaffolding to establish his reliance in fact on these “representations.”

State v. Baker

2014 Ohio 2873 · Ohio Court of Appeals · Jun 30, 2014

However, there was no attempt to qualify her as an expert capable of testifying to the chemical effect of this powder. {¶21} In order to arrive at its conclusion, the dissent cites to expert testimony in the trial … The Supreme Court has advised that the substantial compliance standard should be applied “to excus[e] only errors that are clearly de minimis.” State v.

In the Matter Tanker

142 Ohio App. 3d 159 · Ohio Court of Appeals · Apr 2, 2001

Nos. 77552 and 77603, unreported, 2000 WL 1514365 . 1 The court did not abuse its discretion in finding that the children qualified for a planned permanent living arrangement because there was competent, credible evidence … The foster parents have clearly expressed their views.

Helmig, Exr. v. Kramer

48 Ohio App. 71 · Ohio Court of Appeals · Mar 8, 1934

Shepherd, upon the record, would seem to be as well qualified to testify respecting mental diseases as any doctor who would be available in Ohio. His training and experience are unusual. … On the question of undue influence we will not attempt to set forth in detail the facts in the record tending to establish this claim.

State v. Ross

2023 Ohio 1421 · Ohio Court of Appeals · May 1, 2023

"A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes postrelease control … Hacker, Case No. 2020-1496 (accepting an issue that asks the supreme court whether, as amended by the Reagan Tokes Law, the Ohio Revised Code's sentences for first and second degree qualifying felonies violate the United

State v. Woods

2024 Ohio 954 · Ohio Court of Appeals · Mar 14, 2024

Although it is not clear if “her area” referred to her vagina or her pubic region, any area inside her underwear would qualify as an erogenous zone as defined by R.C. 2907.01(B). … Therefore, there was sufficient evidence to establish the GSI alleged in Count 27.

State v. Finklea

2014 Ohio 1515 · Ohio Court of Appeals · Apr 10, 2014

Thus, in child abuse cases, “experts, properly qualified, might include a priest, a social worker, or a teacher, any of whom might have specialized knowledge.” … To prevail under a plain error analysis, appellant bears the burden of demonstrating that the outcome of the trial clearly would have been different but for the error. State v.

State v. Holmes

2019 Ohio 2485 · Ohio Court of Appeals · Jun 24, 2019

Trooper Malone testified that she “could clearly see through the bottle that there was a plastic baggy with multicolored pills inside of the prescription bottle, not your typical prescription pills. … Moore, 90 Ohio St.3d 47 (2000), paragraph one of the syllabus (“The smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search.”).

Central National Bank of Cleveland v. Gallagher

13 Ohio App. 2d 115 · Ohio Court of Appeals · Feb 21, 1968

W. 2d 612—involved actions to force the state to permit the establishment of branch banks. One of the Ohio cases, Allen v. … Under this reasoning, an efficient bank would be penalized since its immunity would terminate as soon as its books were posted while, conversely, an inefficient bank would benefit.

Tipton v. Directory Concepts, Inc.

2014 Ohio 1215 · Ohio Court of Appeals · Mar 21, 2014

; (3) that he or she was qualified for the position; and (4) that someone outside the class either replaced him or her or was treated more favorably. … further found that appellant’s complaint was frivolous because, by Richland County, Case No. 13CA61 12 granting appellees’ Motion for Summary Judgment, the trial court clearly

Bibbs v. Cinergy Corp. [Fn1] , Unpublished Decision (4-12-2002)

Ohio Court of Appeals · Apr 12, 2002

Exceptions to that immunity are found in R.C. 2744.02 (B). … These provisions clearly remove the shield of immunity from MSD. Immunity is re-established, however, if one of the defenses or immunities listed in R.C. 2744.03 is applicable.

Deen v. Ansted

2019 Ohio 3125 · Ohio Court of Appeals · Aug 2, 2019

The Ansteds were also covered under an umbrella or excess personal liability coverage policy for individuals named or qualifying as insureds which provided: “Insured” means you and also: *** … The deposition testimony clearly indicates Ryan had the Ansteds’ express permission to use the boat and had done so on several prior occasions. Further, Mrs.

K.L.B. v. M.T.B.

2025 Ohio 2445 · Ohio Court of Appeals · Jul 10, 2025

Upon review of his trial testimony, however, it is apparent that Blaugrund was unable to qualify Michael’s share of ownership interest in Southwest Urology. Tr. 27:3-14 (Apr. 27, 2023). … Nothing within Blaugrund’s testimony established that Michael held an interest in Southwest Urology.

State ex rel. Honda of Am. Mfg., Inc. v. Indus. Comm.

2017 Ohio 2627 · Ohio Court of Appeals · May 2, 2017

Questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as the fact finder. State ex rel. Teece v. Indus. … Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus.

Mayfield Heights Fire Fighters Ass'n v. DeJohn

87 Ohio App. 3d 358 · Ohio Court of Appeals · Apr 26, 1993

This consideration should focus first on determining whether the agreement clearly addresses the controverted issue — in this action, the procedure for promotions. … Further, the court stated that the employee was not required to follow the grievance arbitration procedure where (1) the board stipulated the correctness of the plaintiffs claim, i.e., the teacher was *370 qualified for the

State v. Bankston

2021 Ohio 4332 · Ohio Court of Appeals · Dec 6, 2021

R.C. 2903.11(A)(1). {¶25} In the present matter, the jury did not clearly lose its way in finding Bankston guilty of the offenses of Felonious Assault and Felony Murder. … to kill her or having intent to cause her death. {¶43} “[T]he Supreme Court of Ohio has stated that the ‘[f]ailure to request instructions on lesser-included offenses is a matter of trial strategy and does not establish

State v. Manon

2020 Ohio 1003 · Ohio Court of Appeals · Mar 13, 2020

The airbag module of the Honda established the Honda reached a speed of 81 miles per hour prior to impact. … Appellant has not established ineffective assistance of counsel and the fourth assignment of error is overruled.

State v. Ashley

2017 Ohio 188 · Ohio Court of Appeals · Jan 19, 2017

The reviewing court must examine the entire record, weigh the evidence and all reasonable inferences, consider the witnesses’ credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … A pair of scissors can qualify as a deadly weapon. State v. Whatley, 1st Dist. Hamilton No. C-150471, 2016-Ohio-5713, ¶ 13. ______________________________________________ EILEEN A. GALLAGHER, PRESIDING JUDGE SEAN C.

State ex rel. Maynard v. Medina Cty. Facilities Taskforce Subcommittee

2020 Ohio 5561 · Ohio Court of Appeals · Dec 7, 2020

. {¶ 9} Maynard argues that the “[t]rial [c]ourt erred in dismissing [his] [c]omplaint without any discovery at all, particularly [because] the information before the [c]ourt clearly evidenced at least one violation … complaint to be true, and drawing all reasonable inferences from the balance of the Civ.R. 12(C) record in Maynard’s favor, Respondents did not meet their burden to demonstrate that Maynard could not prove any set of facts establishing

State v. Goins

2015 Ohio 3121 · Ohio Court of Appeals · Aug 4, 2015

Further, the evidence established a DNA match between the swabs included in C.G.' … Clear and convincing evidence establishes that the record supports the sentence and that the sentence is not contrary to law.