Case law

Myers v. Myers

153 Ohio App. 3d 243 · Ohio Court of Appeals · Jun 30, 2003

R.C. 3119.961 presents a ground for relief that qualifies under the catchall provision of Civ.R. 60(B)(5). … The record clearly shows that Father was ordered to pay child support for Brooke.

State v. Johnson

2013 Ohio 4113 · Ohio Court of Appeals · Sep 23, 2013

Unless the offense qualifies the offender for automatic sexual predator status under R.C. 2950.09(A), the trial court must hold a hearing to determine if the offender is a sexual predator. … “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 allegations sought to be established.

Krakora v. Gold, Unpublished Decision (9-28-1999)

Ohio Court of Appeals · Sep 28, 1999

Appellant sets forth three assignments of error, the first of which contends: "The court erred if it's [sic] basis for granting appellees' Summary Motion was based on judicial immunity or judicial privilege." … Reckless disregard is established by clear and convincing evidence that the defendant published the statements despite a high degree of awareness of probable falsity. Id. at 118.

State v. Farmer

2024 Ohio 2930 · Ohio Court of Appeals · Aug 1, 2024

T. at 19. {¶36} Again, Farmer failed to file a motion to suppress claiming either the trooper was not qualified or the device was not properly calibrated. … T. at 30. {¶37} Farmer cannot establish plain error with respect to the Trooper’s testimony.

State v. Darr

2018 Ohio 2548 · Ohio Court of Appeals · Jun 29, 2018

“We will not reverse for plain error unless the appellant established that the outcome of the trial clearly would have been different but for the alleged error.” State v. Kobelka, 9th Dist. … Under Gonzales II, this was sufficient to demonstrate that Darr’s convictions for possession of cocaine and trafficking in cocaine qualified as first-degree felonies pursuant to R.C. 2925.11(A),(C)(4)(e) and 2925.03(A)

State v. Adams, 88791 (8-2-2007)

2007 Ohio 3918 · Ohio Court of Appeals · Aug 2, 2007

claim that a verdict is against the manifest weight of the evidence, we weigh all the reasonable inferences, consider the credibility of witnesses and, in considering conflicts in the evidence, determine whether the jury clearly … She again insisted that she had not been convicted, but then qualified her answer by "I thought you meant like getting put in jail. I mean I — I don't know. I wasn't sent to jail or nothing." *Page 1

In Re Adoption of Yoder

62 Ohio App. 3d 820 · Ohio Court of Appeals · May 15, 1989

Ill “The manifest weight of the evidence clearly established that the petition of William and Mary Yoder should have been granted to permit them to adopt Ashlee Rae Jackson and William Michael Jackson.” … R.C. 3107.05 and 3107.10, are to be considered, in conjunction with all other evidence adduced in the proceeding, by the court in deciding the issues presented by R.C. 3107.09, viz. (1) whether the petitioner is suitably qualified

Skerness v. Skerness

2015 Ohio 3467 · Ohio Court of Appeals · Aug 24, 2015

circumstances was not taken into account by the parties or the court as a basis for the existing Coshocton County, Case No. 2015CA0002 8 award when it was established … It is the understanding of the parties that an order to allocate these benefits may not be honored unless it is a Qualified Domestic Relations Order (QDRO) as defined under Section

BM-Clarence Cardwell, Inc. v. Cocca Dev., Ltd.

2016 Ohio 7751 · Ohio Court of Appeals · Nov 14, 2016

In said Fairfield County, Case No. 16 CA 3 5 Entry, the trial court determined that DG did not qualify as a bona fide purchaser under Ohio’s recording statute and, … Although the use of such terminology as “personal representatives, assigns, heirs, or successors” is not essential to create a restrictive covenant which runs with the land, use of these words clearly reflects upon and

In Re Buck, Unpublished Decision (3-22-2007)

2007 Ohio 1491 · Ohio Court of Appeals · Mar 22, 2007

Mother does not contest either of these findings and the record clearly supports them. While not expressly characterizing it as such, the court also clearly considered the interaction of the children with their mother. … And the court's determination that an award of permanent custody is in the children's best interest is also clearly justified by the facts.

State ex rel. Henry v. Indus. Comm.

2025 Ohio 658 · Ohio Court of Appeals · Feb 27, 2025

Henry “failed to establish that she is unable to work as a result of an impairment arising from this injury.” (Stip. Evid. at 131.) … 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.

State v. Richter

2026 Ohio 2386 · Ohio Court of Appeals · Jun 23, 2026

Appellant Uses Blowtorch Against D.T.’s Person {¶ 6} As clearly shown in the gas station surveillance camera video footage of the incident, appellant next positioned himself inside the gas station entry door, blocking … R.C. 2909.02(A)(1), Ohio’s aggravated arson, substantial risk of serious physical harm to person, statute, establishes, in relevant part, “No person, by means of fire or explosion, shall knowingly. . .

State v. Soto

2025 Ohio 1788 · Ohio Court of Appeals · May 16, 2025

Soto’s sole argument on appeal is that N.W. did not qualify as a “family or household member” under R.C. 2919.25(C), regardless of the nature of his relationship with her. See Appellant’s brief at 10. … Soto argues that the evidence was insufficient to establish that he used force or acted recklessly in resisting arrest.

State v. Stevens

2021 Ohio 2643 · Ohio Court of Appeals · Aug 2, 2021

Stevens has not clearly and convincingly established that his 2 Case No. 2020-P-0043 consecutive sentences are unsupported by the record or contrary to law. {¶9} … Stevens has not clearly and convincingly established that his consecutive sentences are not supported by the record or are contrary to law. {¶185} Mr.

State v. Ingram, 1-08-53 (3-23-2009)

2009 Ohio 1302 · Ohio Court of Appeals · Mar 23, 2009

issue which is to be established before them. … Rose was qualified as an expert witness and testified that she found gunshot residue on both the right and *Page 9 left hand samples. (Id. at 312).

Kushner v. Stubhub, Inc., 07 Ma 15 (6-26-2008)

2008 Ohio 3241 · Ohio Court of Appeals · Jun 26, 2008

StubHub admits that Appellee had cancelled his original order and that this clearly was a second transaction that stands on its own. … Again, this argument is based entirely on the circular definition of "services" found in the agreement and overlooks the qualifying language that limits StubHub's proposed, broad definition: the agreement applies to only

State v. McCray, Unpublished Decision (6-21-2000)

Ohio Court of Appeals · Jun 21, 2000

We also cannot say that the trier of fact clearly lost its way and created a miscarriage of justice as the evidence introduced at trial clearly established that the appellant had, on two occasions, knowingly permitted the … Therefore, the evidence clearly established the appellant's guilt as to each charge beyond a reasonable doubt.

State v. Thomann

2022 Ohio 4264 · Ohio Court of Appeals · Nov 30, 2022

Next, Thomann alleges that Edens was able to view the photos while Blohm was reviewing them due to his proximity to her during the lineup, so he no longer qualified as a blinded administrator. … We cannot say that the trier of fact clearly lost its way and created such a manifest miscarriage of justice as to warrant reversal. We overrule the third assignment of error.

State v. Mason

2026 Ohio 2039 · Ohio Court of Appeals · Jun 1, 2026

Massien, 2010-Ohio-1864, ¶ 9, establish that when a trial court orders an ILC assessment, the court "should" not accept a guilty plea before holding an ILC hearing. … agency, and establish an intervention plan for the offender.

In re A.T.

2021 Ohio 4306 · Ohio Court of Appeals · Dec 9, 2021

The juvenile court’s finding under R.C. 2151.414(B)(1)(d) is clearly and convincingly supported by the record. … (b) The child has been in the agency’s custody for two years or longer, and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Ohio Revised Code.