Case law

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. Greene

2026 Ohio 1551 · Ohio Court of Appeals · Apr 30, 2026

More specifically, Greene asserts that the interviews that were produced served no medical purpose and were clearly testimonial. … However Greene contends that his performance did not appeal to the prurient interests of juveniles in sex and it fails to qualify as obscene.

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

Cook v. Toledo Hospital

169 Ohio App. 3d 180 · Ohio Court of Appeals · Oct 6, 2006

As such, they were clearly privileged under R.C. 2305.253. {¶ 29} R.C. 2305.252, which addresses the confidentiality of peer-review-committee proceedings and records, additionally provides: {¶ 30} “Proceedings and records … As Cook points out, the hospital initially cited R.C. 2305.251 (dealing with peer-review-committee immunity) as the basis for its objection.

State v. Allen

2011 Ohio 4821 · Ohio Court of Appeals · Sep 22, 2011

The court may reverse the judgment of conviction if it appears that the factfinder “‘clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.’ … Expert Witness {¶ 26} In his third assignment of error, Allen argues that he was denied his right to a fair trial when the trial court allowed expert testimony from a witness who was not qualified as an expert.

State v. Roberts

139 Ohio App. 3d 757 · Ohio Court of Appeals · Aug 4, 2000

It informed the jury that Roberts had to establish the following: (1) that he was “not at fault in creating the situation giving rise to the assault” on McGee; (2) that he “had reasonable grounds to believe and an honest … But an alleged error does not constitute plain error unless the outcome of the trial would clearly have been different if the error had not occurred.

Roth v. Tokar Tower Office Condominiums Unit Owners' Assn. Inc.

207 N.E.3d 884 · Ohio Court of Appeals · Jan 31, 2023

Further, to qualify as a an “act of God,” such disaster “could not have been reasonably anticipated, guarded against or resisted.” Anderson v. Schar, 9th Dist. Wayne No. 97CA0004, 1997 WL 823970, *3. … Breach of Contract Claim {¶24} In order to establish an actionable claim for breach of contract, a party must establish the following elements of a breach of contract: the existence of an agreement, that the non-breaching

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.

State v. Williams

197 Ohio App. 3d 505 · Ohio Court of Appeals · Dec 9, 2011

We note that, effective September 30, 2011, R.C. 2923.13(A)(3) now requires that a prior drug conviction be a felony offense to qualify as a disability. {¶ 9} At the beginning of this trial, the parties stipulated … constitute constructive possession * * *.” 190 Ohio App.3d 676, 2010-Ohio-5430, 943 N.E.2d 1072, ¶ 5. {¶ 17} Our review of the entire record fails to persuade us that the trial court, acting as the trier of fact, clearly

State v. Molen, 21941 (11-26-2008)

2008 Ohio 6237 · Ohio Court of Appeals · Nov 26, 2008

An error qualifies as plain error only if the error is obvious and but for the error the outcome of the proceeding clearly would have been otherwise. State v. Alexander , Montgomery App. … At least six appellate districts have recognized that a deficiency in questioning during a competence hearing may be cured if a child's subsequent trial testimony establishes competence. State v.

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.

Elbert v. Bexley Planning Commission

108 Ohio App. 3d 59 · Ohio Court of Appeals · Nov 2, 1995

construed and their scope cannot be extended to include limitations not therein clearly prescribed.” … Clearly, any development of the site at issue will result in increased traffic in the area.

State v. Patton

2020 Ohio 937 · Ohio Court of Appeals · Mar 3, 2020

I just have trouble escaping that.* * * *** But to characterize this guy as just a prior misdemeanor offender, I probably have to qualify that somewhat. … In fact, the history of Ohio law establishes that it is within the sentencing judge’s discretion to consider such factors.

State v. Peoples

28 Ohio App. 2d 162 · Ohio Court of Appeals · Jun 15, 1971

Alvis, 103 Ohio App. 324 , is as follows: “A lawyer admitted to practice by the Ohio Supreme Court is presumed to be qualified to defend a client in a criminal prosecution, and, unless it clearly appears that a lawyer is … Defendants have offered nothing specific to establish how their trial counsel could effectively overcome the evidence presented against them at the trial, or what additional questions could have been asked of the state’s

Christie v. McNeely

2024 Ohio 4523 · Ohio Court of Appeals · Sep 16, 2024

The affidavits filed on behalf of Defendant McNeely clearly and unequivocally establish that Plaintiff's decedent walked directly into the path of Defendant McNeely's vehicle. … A CV is generally proffered to assist the trial court in determining whether a witness may be qualified as an expert pursuant to Evid.R. 702.

In re Adoption of P.S.

2022 Ohio 1657 · Ohio Court of Appeals · May 17, 2022

Id. {¶37} The Ohio Supreme Court qualified different child support orders in In re Adoption of B.I. … “Mother stated that the gifts were always clearly from Paternal Grandmother and not from Father.

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

In re W.Z.

194 Ohio App. 3d 610 · Ohio Court of Appeals · Jun 30, 2011

SORNA established a national system for sex-offender registration and required any individuals convicted of specified crimes, including aggravated sexual abuse, to register. 42 U.S.C. 16911(4)(A)(i). … the other things I’m going to ask you to do while going through your juvenile portion of the sentence, but it also serves as a potential punishment should you not be able to be rehabilitated, which given the factors, is clearly

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.

Artz v. Elizabeth Twp.

2014 Ohio 854 · Ohio Court of Appeals · Mar 7, 2014

The Artzs assert that “the erection and operation of the animal crematorium is incidental to the kennel, which has clearly been established as an agricultural use.” … The trial court merely indicated that if “an animal crematory does not fall within the operation of a cemetery as defined under the resolution, then plaintiffs would not qualify for a conditional use permit and cannot