Case law

Norwell v. City of Cincinnati, Unpublished Decision (5-28-1999)

Ohio Court of Appeals · May 28, 1999

Additionally, there are important analytic differences between official- and personal-capacity suits regarding both the degree of proof and the availability of immunity defenses (e.g., qualified immunity). … Obviously, if there was probable cause to make these arrests, the defense of privilege was established.

Salem Twp. Bd. of Trustees v. Fazekas

2023 Ohio 2984 · Ohio Court of Appeals · Aug 24, 2023

R.C. 505.173(E). {¶29} Appellants contest whether the evidence established the third element, relying on the Eleventh District’s Keen case. … In any event, the board states a court could reasonably find all motor vehicles qualified as junk motor vehicles and points out R.C. 505.173(E)(3) “does not limit the damage to the listed items.” LePage v.

State v. Carter

100 N.E.3d 1215 · Ohio Court of Appeals · Dec 7, 2017

Standard of Review {¶10} “It is well established that, pursuant to Evid.R. 104, the introduction of evidence at trial falls within the sound discretion of the trial court.” Caruso v. … We find that Hennessey’s role was pertinent to medical treatment or diagnosis, and thus her testimony falls clearly within the exception to the hearsay rule under Evid.R. 803(4).

State v. Coffman

2016 Ohio 4781 · Ohio Court of Appeals · Jun 30, 2016

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 … As far as the record in a domestic violence type scenario goes, the State's opinion that would constitute the worst form of that offense and honestly if there is a worst form of a tampering, he qualifies for

State v. Johnson

2021 Ohio 1974 · Ohio Court of Appeals · Jun 11, 2021

The court granted the motion, set aside Johnson’s previous bond, and established a new bond of $25,000. {¶ 5} On May 28, 2020, the court tolled Johnson’s speedy trial time due to the COVID-19 pandemic. … The jury clearly credited the testimony of Lauren, Aidan, and Jennifer over the testimony of Johnson, and we defer to the jury’s assessment of credibility.

Castle Mnd. Homes v. Tegtmeier, Unpublished Decision (9-29-1999)

Ohio Court of Appeals · Sep 29, 1999

granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficult [sic] so great as to warrant a variation from the zoning plan as established … Some defendants to a Section 1983 action are entitled to assert an immunity to suit. One such immunity is an absolute immunity for judges. Butz v. Economou (1978), 438 U.S. 478 , 512 , 57 L.Ed.2d 895 , 919 .

State v. Brock

2019 Ohio 3116 · Ohio Court of Appeals · Aug 2, 2019

1997). {¶ 20} “Contrastingly, the decision as to which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified … In Tolliver, that meant that the State was required to meet the culpability burden established by the predicate theft offense. Tolliver at ¶ 23.

State v. Scott

2021 Ohio 3427 · Ohio Court of Appeals · Sep 29, 2021

Because the neighbor and Bryant were relaying Luper’s statements and their perceptions of the event as it was unfolding, their statements qualify as present sense impressions.1 {¶19} Scott contends that the statements … R.C. 2901.01(A)(5). {¶25} The degree of harm required to establish serious physical harm “is not an exact science, particularly when the definition includes terms such as ‘substantial,’ ‘temporary,’ ‘acute,’ and

Michaels v. Saunders

2015 Ohio 3172 · Ohio Court of Appeals · Aug 10, 2015

a residence, or is planning to establish a residence, outside Ohio. … Mother confirmed that she routinely took A.L. to the doctor and that she was up to date on all of her immunizations.

State v. Mills

2019 Ohio 706 · Ohio Court of Appeals · Feb 28, 2019

home at the time of the burglary and that the ‘mere possibility’ [was] insufficient to establish the ‘likely to be present’ element.” … and review[s] the entire record, weighs the evidence and all reasonable inferences, considers the credibility of the witnesses and determines whether in resolving conflicts in evidence, the jury clearly

State Ex Rel. Pitz v. City of Columbus

56 Ohio App. 3d 37 · Ohio Court of Appeals · Nov 22, 1988

The trial court did not properly take the stipulations (which clearly show that the city had sufficient information to change the map) into account in making that finding of fact. … It was not the intent of Congress for these flood zoning regulations to apply to land clearly not within the established floodways.

In re J.C.

2016 Ohio 3369 · Ohio Court of Appeals · Jun 10, 2016

She is a forensic scientist in the D.N.A. unit of the Ohio Bureau of Criminal Investigation and Identification, and was qualified by the court without objection as an expert in the field of forensic science. … where the trier of fact clearly lost her way.

Yearling v. State Farm Insurance

76 Ohio App. 3d 559 · Ohio Court of Appeals · Apr 16, 1992

Afterward, it was discovered that he qualified as an insured under two policies of insurance issued by State Farm to Thomas and Carol Gillespie. … After review, the court concluded that the subject policy language clearly and unambiguously set forth the policy limitation and tracked the corresponding limitations on general liability coverage.

State v. Dodson

2019 Ohio 2084 · Ohio Court of Appeals · May 28, 2019

As appellant's previous felony drug abuse conviction was a qualifying disability, the evidence was legally sufficient to support appellant's conviction for having a weapon while under disability. {¶ 27} Based on the … McKelton, 148 Ohio St.3d 261, 2016-Ohio- 5735, ¶ 314 (noting the appellant's "assertion that the juror was a holdout [was] purely speculative, so he [could not] establish prejudice"). {¶ 45} Appellant fails to establish

Baraby v. Swords

166 Ohio App. 3d 527 · Ohio Court of Appeals · Apr 24, 2006

Clearly, there is no privity of contract between the tenant and the vendor. … Mitchem clearly allows a vendee to bring a cause of action against a builder/vendor.

Holeski v. Lawrence

85 Ohio App. 3d 824 · Ohio Court of Appeals · Apr 2, 1993

Thus, the logical inference stemming from section (H) is that any activity not qualifying as either a rule, resolution or formal action does not have to be adopted at an open meeting in order to be valid. … The Barbeck court noted that any references to specific notification methods were conspicuously absent from R.C. 121.22(A), and that R.C. 121.22(A) merely required establishment of “reasonable methods” by which to determine

State v. Hawkins

2012 Ohio 4622 · Ohio Court of Appeals · Oct 5, 2012

Me and his mother had established a relationship also.” … “The burden of establishing cohabitation is not substantial.” State v.

State v. Allen

2022 Ohio 3599 · Ohio Court of Appeals · Oct 11, 2022

This establishes that Allen did not maintain his innocence throughout the plea process, particularly when compounded with the written plea agreement, which said nothing about innocence. {¶15} The only time that … “An error qualifies as ‘plain error’ only if it is obvious and but for the error, the outcome of the proceeding clearly would have been otherwise.” State v. Barnhart, 3d Dist.

State v. Gatliff

2013 Ohio 2862 · Ohio Court of Appeals · Jul 1, 2013

that the injuries Christina suffered qualified as "serious physical harm." … Appellant has failed to establish the video would be materially exculpatory. It is undisputed that the altercation occurred completely outside.

State v. Kidd

2021 Ohio 3838 · Ohio Court of Appeals · Oct 29, 2021

. {¶8} Cecilia Friehofer, a social worker and forensic interviewer at the Mayerson Center, was qualified as an expert in forensic interviewing, suspected child abuse victims, and delayed disclosures. … Kinney, Kidd argues that A.O.’s competency was clearly called into question due solely to his low IQ.