Case law

Nami v. Nami

2017 Ohio 8330 · Ohio Court of Appeals · Oct 26, 2017

Very few discovery proceedings qualify as provisional remedies. Myers v. Toledo, 110 Ohio St.3d 218, 2006-Ohio-4353, ¶ 24. … Pursuant to the order, appellant clearly is entitled to commence discovery as soon as he complies with appellee's discovery requests.

State v. Bogan

2012 Ohio 3712 · Ohio Court of Appeals · Aug 17, 2012

Bogan contends his statements about these burglaries did not qualify as other-acts evidence under R.C. 2945.59  5 because the … , and after the instant offense—not just “years before” as Bogan suggests. {¶ 23} It is well settled that plain error does not exist unless the error is “obvious” and, but for the error, the outcome at trial “clearly

Earnest v. Earnest

151 Ohio App. 3d 682 · Ohio Court of Appeals · Feb 14, 2003

qualify as a marital asset “acquired by either or both spouses during the marriage.” … The fair market value of the land given to [appellant] was established at $10,000. {¶ 60} “The residence shall be sold.

Batiste v. Sheriff's Dept., Unpublished Decision (11-23-2005)

2005 Ohio 6230 · Ohio Court of Appeals · Nov 23, 2005

Thus, appellant could establish a prima facie case of discrimination by demonstrating the following: 1) she had a "disability" within the meaning of the ADA; 2) she is a "qualified individual" under the ADA; and, 3) she suffered … Nevertheless, appellant could not establish the second element of her claim. {¶ 28} A "qualified individual" is one who can both "meet the necessary prerequisites for the particular job," and also who is "able to perform

Pickering v. Peskind

43 Ohio App. 401 · Ohio Court of Appeals · Mar 17, 1930

Holding as we do that the plaintiff’s cause of action against defendant was a right of property, it clearly comes within the authorities cited by plaintiff’s counsel. … There are many everyday transactions, in commercial establishments particularly, which after a little time could not otherwise be proved.

Darby v. Ciraso, Unpublished Decision (9-19-2000)

Ohio Court of Appeals · Sep 19, 2000

Blair argued that he was entitled to sovereign immunity pursuant to R.C. Chapter 2744, and that any statements he made to Welton were either true, or were protected by a qualified privilege. … We find that Blair's statements to Welton were protected by a qualified privilege.

Hartman v. Erie Ins. Co.

2017 Ohio 668 · Ohio Court of Appeals · Feb 24, 2017

. {¶ 27} We agree with the trial court that the declarations filed in compliance with 28 U.S.C. 1746 are insufficient to establish factual evidence permitted by Civ.R. 56(E). … The affidavit was clearly filed in response to appellee’s February 19, 2016 motion to strike Hartman’s declarations.

Alan v. Andrews, 06 Ma 151 (5-22-2007)

2007 Ohio 2608 · Ohio Court of Appeals · May 22, 2007

Alan's K-Mart operations in Hawaii to qualify as "a temporary venue selling fireworks." The trial court's conclusion otherwise is not supported by the evidence. … Clearly, the non-compete agreement contemplates that Andrews would not establish a store near a location where B.J. Alan was actively planning on building a permanent retail location.

In re Pitts

2024 Ohio 1618 · Ohio Court of Appeals · Apr 26, 2024

The 20-page, single spaced document lacks any enumerated paragraphs or clearly identified claims, in violation of Civ.R. 10(B). … OT-24-011) and his motion to add “newly 2.  {¶ 4} In his affidavit, Pitts claims that M.H. was the “state’s key witness” who was offered immunity in exchange for her testimony.

State v. Jones

2011 Ohio 3275 · Ohio Court of Appeals · Jun 30, 2011

Papke provided sufficient testimony to establish that the cell phone records were business records under Evid.R. 803(6). … To establish deficiency, he must show that counsel’s representation fell below an objective standard of reasonableness. Id.

Richardson v. Clinical Computing P.L.C.

2016 Ohio 8065 · Ohio Court of Appeals · Dec 7, 2016

These courts look to the literal language used in the treaty, and find that the language used must be regarded as conclusive, absent a clearly expressed intention to the contrary. … and/or hired substantially younger candidates/employees for positions for which [he] was qualified.”

State v. Johnson

57 Ohio Law. Abs. 524 · Ohio Court of Appeals · May 5, 1950

The foundation question which is recognized by lawyers and the courts is intended to elicit an answer which will determine whether or not the witness is qualified to testify on the subject. … Sergeant Eichelberger testified that her hair was disheveled, that her face *531 was swollen, that it was difficult for her to talk clearly, and that the bedroom was bardly torn up.

State v. Carlson

2023 Ohio 372 · Ohio Court of Appeals · Feb 9, 2023

As amended by S.B. 201, the revised code’s sentences for first- and second-degree qualifying felonies violated the constitutions of the United States and the State of Ohio; accordingly, the trial court plainly … This is clearly a matter of trial strategy, and we cannot say that it was ineffective, even if it’s not necessarily as successful as trial counsel intended.

In re T.K.

2020 Ohio 3084 · Ohio Court of Appeals · May 26, 2020

Rau at 481. {¶21} T.K. next argues the weight of the evidence does not support that she violated R.C. 4511.21(C) because the State failed to prove that Trooper Gossard’s radar unit was reliable and that he was qualified … “The scientific reliability of a particular speed-measuring device can be established via expert testimony or judicial notice.” Zhovner at ¶ 16, citing State v. Everett, 3d Dist.

Severns v. Foster

2019 Ohio 909 · Ohio Court of Appeals · Mar 18, 2019

However, Foster does not clearly identify this determinative factor. … First, as discussed in detail above, the record clearly establishes that A.S. has a close relationship with her half-sister and that she and her half-sister have regular visits in Foster’s home.

Shirokey v. Marth

5 Ohio App. Unrep. 150 · Ohio Court of Appeals · Jul 19, 1990

The Sixth Circuit Court has recently held: "The rule in Parratt and Vicory, is clearly inapplicable "where the deprivation of property is caused by conduct pursuant to established state procedure, rather than random and unauthorized … In the present case, the deprivation of appellee's property interest was a result of established city procedures. Therefore, exhaustion of state remedies was not required.

State v. Poole

116 Ohio App. 3d 513 · Ohio Court of Appeals · Dec 24, 1996

Further, Kim clearly recognized appellant’s voice and came up with the name of “Marcus” herself. … The instant case is clearly distinguishable. The prosecutor clearly set forth, on the record, race-neutral reasoning for the challenge.

State v. Proffitt

2017 Ohio 1236 · Ohio Court of Appeals · Apr 3, 2017

Clearly, without the Statements, the state would have been unable to establish what occurred between appellant and Jennifer on January 11, 2016, and March 26, 2016. … Strickland – 1st Prong {¶ 66} To establish constitutionally-ineffective assistance of counsel, it must be clearly demonstrated that counsel's performance was deficient such that the defendant was deprived of a

State v. Andrews

2025 Ohio 2147 · Ohio Court of Appeals · Jun 18, 2025

Per Gardner, 2017-Ohio-7241 (8th Dist.), that is not enough to establish constructive possession of a firearm. … The CRI’s identity was not vital to establish an element of the crime or beneficial to Andrews’s defense.

State v. Motley

216 N.E.3d 761 · Ohio Court of Appeals · Jun 1, 2023

appellate courts 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 … Even if DeMeo’s version of events were established as fact, Motley would not be relieved of criminal responsibility for his intoxicated driving, which impaired his ability to control the vehicle at such excessive speeds