Case law

State v. Eaton

2020 Ohio 3208 · Ohio Court of Appeals · Jun 5, 2020

consider whether the evidence is conflicting or whether reasonable minds might differ as to the inferences to be drawn from it, the weight of the evidence, and the credibility of the witnesses to determine if “the jury clearly … 11 years, with an additional mandatory 3 years for a gun specification, and retains continuing jurisdiction over the sentence. {¶ 15} A forensic scientist with the Bureau of Criminal Investigations (“BCI”) was qualified

State ex rel. Barbee v. Midland Concrete & Sand Transp.

2025 Ohio 624 · Ohio Court of Appeals · Feb 25, 2025

The administrator may take into consideration any circumstances which, at the time of the death of the decedent, clearly indicate prospective dependency on the part of the claimant and … Here, the SHO explicitly concluded that claimant did not prove she was wholly dependent upon her son, but their living circumstances at the time of decedent’s death were enough to qualify for a presumption of sufficient dependency

Snowden v. Ekeh

2016 Ohio 4976 · Ohio Court of Appeals · Jul 15, 2016

Furthermore, the use of the affidavit was clearly prejudicial, as WSP used it to attack Dr. … This was clearly erroneous.

MacHnics v. Sloe, 2007-G-2784 (3-14-2008)

2008 Ohio 1133 · Ohio Court of Appeals · Mar 14, 2008

evidence," but not to the extent of such certainty as is required "beyond a reasonable doubt" in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … delineating parking spaces upon the property, due to the failure to provide him with his constitutional right to a jury trial. {¶ 56} As previously addressed, the instant matter is a civil contempt case which does not qualify

State v. Stover

2014 Ohio 2572 · Ohio Court of Appeals · Jun 16, 2014

The Ohio Supreme Court has identified four conditions necessary to qualify as an excited utterance. State v. Wallace, 37 Ohio St.3d 87, 89 (1988). … Based on the record before us, the State did not carry its burden of establishing the applicability of this exception to the hearsay rule.

Ross, a Minor v. Stricker

85 Ohio App. 56 · Ohio Court of Appeals · Apr 4, 1949

After being thus qualified, he was shown these photographs, taken by the Cincinnati Police Officers, and was permitted to give testimony based .solely on his inspection of these photographs. … Another well-established exception to the opinion evidence rule is that in matters more within the common observation and experience of men, nonexperts may, in cases where it is not practicable to place before the jury all

State v. Brooks

2012 Ohio 5235 · Ohio Court of Appeals · Nov 13, 2012

established that there were at least 30. … In this case, Brooks was clearly the person in control of this vehicle, even though it was a rental vehicle.

State v. Watson

2024 Ohio 504 · Ohio Court of Appeals · Feb 12, 2024

I am specifically finding that this offense was committed while you were on community control and that qualifies for consecutive sentencing. {¶22} These findings were incorporated … The court set the matter for sentencing with the 2023 case. {¶29} It is well established that a court speaks through its journal entries. State v.

State v. Barnes

2020 Ohio 3943 · Ohio Court of Appeals · Jul 28, 2020

He also testified he didn’t remember seeing Domonique Brown at the apartment but qualified his testimony by stating he is very busy and doesn’t see everyone that comes and goes. {¶10} Finally, Krystal Soles and Laurel … Thus, we will only interfere if the fact finder clearly lost its way and created a manifest miscarriage of justice.

Howard v. Mgt. & Training Corp.

200 N.E.3d 1199 · Ohio Court of Appeals · Nov 15, 2022

"If we open the door to an exception when the parties have actual knowledge of the judgment, we would be forcing the appellate courts into the murky area of deciding whether actual knowledge has been established. … See Anthony at ¶ 19-22 (rejecting the argument that a private prison liable under 42 U.S.C. 1983 for violating a defendant's constitutional rights when acting under color of state law qualified as a "government entity for

In re C.M.

2026 Ohio 2087 · Ohio Court of Appeals · Jun 4, 2026

According to Grace, Mother never established proof of any income despite repeated requests for pay stubs or other proof. … After he moved to the United States, the agency made efforts to establish visitation with him, and he visited them in-person on two occasions.

Watson v. Osborn

51 Ohio Law. Abs. 569 · Ohio Court of Appeals · Jul 6, 1948

The entering of judgment in favor of both defendants on both causes of action is clearly erroneous. … The facts pleaded in the second cause of action of the second amended petition come clearly within the rule as thus stated.

State v. Thompson

2021 Ohio 4027 · Ohio Court of Appeals · Nov 12, 2021

The law also establishes a presumption that the offender will be released at the end of the minimum term. R.C. 2967.271(B). … R.C. 2967.271 establishes a presumptive release date upon completion of the minimum term.

State v. Watson, 06ca000025 (6-4-2007)

2007 Ohio 2804 · Ohio Court of Appeals · Jun 4, 2007

The director shall approve satisfactory techniques or methods, ascertain the qualifications of individuals to conduct such analyses, and issue permits to qualified persons authorizing them to perform such analyses. … reviewing court is to examine the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses and determine whether in resolving conflicts in the evidence, the trier of fact clearly

State v. Powlette

162 N.E.3d 172 · Ohio Court of Appeals · Nov 6, 2020

Powlette’s intent to advertise and operate as a bed and breakfast is clearly demonstrated by the evidence. At the BZA appeal hearing, Mr. … But that provision merely delineates various requirements that a “bed and breakfast” must satisfy to qualify for a conditional-use certificate.

State v. Taylor

2025 Ohio 353 · Ohio Court of Appeals · Feb 4, 2025

And counsel’s questions to Doersam were justified by his follow-up questions at the time of trial, as an attempt to establish that there was no evidence Taylor was involved in gang activity, to establish that Doersam had … trier of fact, but must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly

Caldwell v. Petersburgh Stone Co., Unpublished Decision (12-16-2005)

2005 Ohio 6793 · Ohio Court of Appeals · Dec 16, 2005

Under Pennsylvania law employers are immune from intentional torts. See Poyser v. Newman Co., Inc. (1987), 514 Pa. 32 , 522 A.2d 548 . … Thus, the Pennsylvania Supreme Court requires that courts be hesitant before affording people with the "shield" of statutory employer immunity.

State v. Armstrong-Carter

2021 Ohio 1110 · Ohio Court of Appeals · Apr 2, 2021

Also, after weighing all the evidence and reasonable inferences, we do not find that the jury clearly lost its way and created a manifest miscarriage of justice in finding Armstrong- Carter guilty of failure to comply … The evidence further established that a third officer, Off.

State v. Ajumu

2011 Ohio 2520 · Ohio Court of Appeals · May 26, 2011

.2d 1035, vacated on other grounds (1978), 438 U.S. 911, 98 S.Ct. 3135, 57 L.Ed.2d 1155. {¶ 17} We have serious reservations with applying the harmless error rule in a case like this where the state uses it to immunize … review requires us to review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly

Columbus v. Bishop, 08ap-300 (12-31-2008)

2008 Ohio 6964 · Ohio Court of Appeals · Dec 31, 2008

In order for a statement to qualify as an excited utterance, the "statement must concern `some occurrence startling enough to produce a nervous excitement in the declarant,' which occurrence the declarant had an opportunity … The state must establish that the defendant took some role in causing the offense. Id. at ¶ 27; Buelow . {¶ 43} Officer Wilkinson testified that he was initially called to the house for a domestic dispute.