Case law

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.

Combs v. Combs, 2008 Ca 00169 (4-6-2009)

2009 Ohio 1683 · Ohio Court of Appeals · Apr 6, 2009

. {¶ 20} In her Third Assignment of Error, appellant contends the trial court erred in establishing the term of the parties' marriage. … Moreover, this Court has clearly expressed its reluctance to engage in piecemeal review of individual aspects of a property division taken out of the context of the entire award. See Harper v.

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.

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.

Desmond v. Mahoning Cty. Pros. Office

2019 Ohio 4089 · Ohio Court of Appeals · Oct 3, 2019

absolute immunity.” … The SPBR also expressed that it was “clearly convinced” that “[b]ut for the Employer’s persistence * * * Desmond never would have filed any additional written report to satisfy the statute regarding identifying a violation

State v. Winchester

145 Ohio App. 3d 92 · Ohio Court of Appeals · Aug 6, 2001

determination was pursuant to division (B) of this section. * * *” Clear and convincing evidence is that evidence that will provide in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established … It is doubtful that the person who prepared the report could have been qualified as an expert even if she did testify at the hearing, which she did not.

Wilmoth v. Akron Metro. Hous. Auth.

2016 Ohio 3441 · Ohio Court of Appeals · Jun 15, 2016

At the time of the incident giving rise to this matter, Ms.  2 Wilmoth qualified for residency as a senior citizen since she was 64-years-old. … “‘The meaning and interpretation of the statutory phrase “fit and habitable” will not be liberally construed to include that which does not clearly fall within the import of the statute.’” Gress v. Wechter, 6th Dist.

Chesapeake Ford, Inc. v. Ohio Motor Vehicle Dealers Board

103 Ohio App. 3d 515 · Ohio Court of Appeals · May 16, 1995

The board and the lower court also were guided by R.C. 4517.55(A), which reads: “(A) In determining whether good cause has been established by the franchisor for terminating or failing to continue or renew a franchise, the … The inferences from the evidence before the board clearly support the trial court’s finding, placing the finding in the zone of allowable discretion. The first assignment of error is overruled.

State v. Aboytes

2020 Ohio 6806 · Ohio Court of Appeals · Dec 21, 2020

Starkman was not qualified as a Spanish interpreter or that his translation was inaccurate in any way. Therefore, he has not established that defense counsel’s cross-examination of Mr. … Thus, it was eventually established at trial that D.O. was a “victim” of sexual abuse.

HSBC Mtge. Servs., Inc. v. Watson

2017 Ohio 680 · Ohio Court of Appeals · Feb 27, 2017

Clearly [the person allegedly authorized to assign the mortgage] nor Mortgage Electronic Registration Systems, Inc. sought or received permission from the Bankruptcy Trustee for Accredited Home Lenders, Inc. to execute … The resources expended in challenging this motion do not qualify as an adverse effect under R.C. 2323.51 as appellants chose to expend resources to dispute HSBC’s motion and were not compelled to expend resources in the

State v. Reynolds

2018 Ohio 40 · Ohio Court of Appeals · Jan 5, 2018

She testified that her memories of the circumstances surrounding the rape are unclear, but she clearly remembers the rape itself. … The Ohio Supreme Court has identified the requirements to establish admissibility of records under Evid.R. 803(6), the business record exception to the hearsay rule: “To qualify for admission under Rule

Hearst Corp. v. Lauerer, Markin & Gibbs, Inc.

37 Ohio App. 3d 87 · Ohio Court of Appeals · Oct 30, 1987

The trial court summarily held that Inger Interiors, supra, is the law of Ohio as it is to be applied and that Duhart, supra, is clearly distinguishable. … Inger Interiors, supra, is clearly more in line with the case sub judice than Duhart, supra.

State v. Johnson

110 N.E.3d 800 · Ohio Court of Appeals · Apr 12, 2018

The court also erred in qualifying the state’s witness as an expert and admitting his testimony as such, as his conclusions were unreliable and were not within a reasonable degree of scientific certainty … weight analysis, the reviewing court must consider all the evidence in the record, the reasonable inferences, and the credibility of the witnesses to determine “‘whether in resolving conflicts in the evidence, the jury clearly

Alexander v. Davis

2022 Ohio 2345 · Ohio Court of Appeals · Jul 6, 2022

In their sole assignment of error, they argue that the trial court erred in ruling that Q5 was immune from liability for plaintiffs’ claims for wrongful death, survivorship, and negligent hiring and retention. … Brogan, 93 Ohio App.3d 765, 771, 639 N.E.2d 1219 (10th Dist.1994) (“Although Wyckoff emphasizes the benefit to the public from the scheme for determining liability espoused therein, Wyckoff is clearly also meant to settle

Ernsberger v. Ernsberger

2014 Ohio 4470 · Ohio Court of Appeals · Oct 9, 2014

Burk admitted on cross-examination, however, that she is not qualified to testify regarding the wife’s functional ability due to medical issues because that is a medical determination. Dr. … In addition, the record clearly establishes that the wife suffers from a variety of issues that have decreased her mobility and have impeded her.

Jones v. Mellinger

2014 Ohio 722 · Ohio Court of Appeals · Feb 18, 2014

The response stated that any settlement was clearly based upon the Mellingers delivering a clear title to the disputed property and alleged that this could not be done due to the major problems outlined in the surveyor’s … Appellants qualified their acceptance with a condition regarding the cooperation of the Mellingers and the delivery of free and clear title.

State v. Roan

2020 Ohio 5179 · Ohio Court of Appeals · Nov 5, 2020

claim, the appellate court “review[s] the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly … As long as it can be shown that the rape victim’s will was overcome by fear or duress, the forcible element of rape can be established.” State v.

In re J.S.

2024 Ohio 3310 · Ohio Court of Appeals · Aug 29, 2024

The evidence clearly and convincingly supports this finding. … During the pendency of the proceedings, CCDCFS attempted to identify relatives who might qualify to serve as alternative caregivers for the children.