Case law

State v. Bew

2022 Ohio 753 · Ohio Court of Appeals · Mar 14, 2022

Clearly, from this bush, you can see where the traffic stop is?” {¶30} These questions, if they even are questions, are inappropriate for direct examination. … the issue which is to be established before them.”

Lumberman's Mutual Insurance v. F. Z. Cikra, Inc.

58 Ohio Law. Abs. 66 · Ohio Court of Appeals · Apr 10, 1950

Upon this subject the court expressed the view that there was evidence tending to establish a subsequent and separate contract for repairs. … It seems unlikely that contemporary business men would take advantage of the immunity clause by careless treatment of their customers’ property.

State v. Green

2022 Ohio 101 · Ohio Court of Appeals · Jan 18, 2022

Barker, 2016-Ohio-2708 at ¶ 24. {¶ 29} The record clearly documents there is little difference between Green and a juvenile. … Defense counsel attempted to establish at the motion to suppress that Green was not competent to understand his rights and the consequence of waiving such rights.

Knott v. Revolution Software, Inc.

181 Ohio App. 3d 519 · Ohio Court of Appeals · Mar 16, 2009

. {¶ 17} It was undisputed by the parties that Knott met the established targets for three years: 1999, 2000, and 2002. … The status of RevSoft as a subchapter S corporation was clearly established at all pertinent times.

State v. Wallace

256 N.E.3d 733 · Ohio Court of Appeals · Oct 14, 2024

We give words their plain, ordinary meaning—unless the legislature has clearly expressed a contrary intention. … As is well established, the word "shall" is not always mandatory. See, e.g., Lovejoy v. Deil, 2021-Ohio-1124, ¶ 33 (12th Dist.)

Ocwen Loan Servicing L.L.C. v. Hamilton

2017 Ohio 8749 · Ohio Court of Appeals · Nov 30, 2017

prohibition on hearsay evidence for records of "regularly conducted business activity * * * if it was the regular practice of that business activity to make the [record] as shown by the testimony of the custodian or other qualified … L-01-1332 (Feb. 22, 2002) ("Clearly appellant, who by her own admission stopped making payments on the loan, was in default and the trial court did not err by granting summary judgment on the foreclosure action.").

State ex rel. Waste Mgt. of Ohio, Inc. v. Indus. Comm.

2021 Ohio 2478 · Ohio Court of Appeals · Jul 20, 2021

Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as factfinder. State ex rel. Teece v. Indus. … Borrillo as establishing that decedent had sustained a total loss of use of his eyes, ears, arms and legs.

Leskovac v. Ohio Department of Transportation

71 Ohio App. 3d 22 · Ohio Court of Appeals · Dec 31, 1990

Qualified engineers are needed to exercise the engineering judgment inherent in a selection of traffic control devices, just as they are needed to locate and design the roads and streets which the devices complement. * * … Since the stop ahead sign located at eleven hundred feet from the stop sign is clearly within the seven hundred fifty foot minimum, the mandatory provision in Table S-l was met.

State v. Recinos

2014 Ohio 3021 · Ohio Court of Appeals · Jul 7, 2014

THE TRIAL COURT ERRED IN DISMISSING THE FORFEITURE SPECIFICATION IN THIS CASE WHEN THE PREPONDERANCE OF THE EVIDENCE ESTABLISHED THAT THE MONEY WAS SUBJECT TO FORFEITURE. {¶16} “III. … (B)(1)(a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying

State v. Blankenship

2017 Ohio 7267 · Ohio Court of Appeals · Aug 16, 2017

the issue, which is to be established before them. … By February 18, 2015, sixteen such establishments had been broken into in sixteen different counties in the state.

Hess v. Norfolk Southern Railway Co.

153 Ohio App. 3d 565 · Ohio Court of Appeals · Aug 7, 2003

the following apply: {¶ 91} “(A) The witness’ testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; {¶ 92} “(B) The witness is qualified … Dikman, the trial court determined that he was a qualified expert witness and that his procedures and techniques were reliable.

Calabrese v. Calabrese, 88520 (6-7-2007)

2007 Ohio 2760 · Ohio Court of Appeals · Jun 7, 2007

. {¶ 20} Once jurisdiction is established, the court must assess whether the circumstances of either party have changed. R.C. 3105.18 (E). … Flos were clearly intertwined.

Petras v. 3G Operating Co.

2021 Ohio 473 · Ohio Court of Appeals · Feb 22, 2021

No written policy regarding contacting the unit manager was established. … (“the public policy against the alleged conduct of [the defendant] is not manifested clearly enough to warrant abrogating the at-will-employment doctrine”).

Garfield Heights City School District v. State Board of Education

62 Ohio App. 3d 308 · Ohio Court of Appeals · Dec 20, 1990

Appellant insists that as there exists substantial discrepancy between the map and the legal description of the transfer area on the face of the petition, reversal is warranted since such error would tend to mislead qualified … Clearly, the proposed transfer will indeed promote a sense of unity between these communities which is a major purpose behind such statutes.

State v. Gervin

2016 Ohio 8399 · Ohio Court of Appeals · Dec 27, 2016

Also get her qualified, make sure we’re in agreement on that? Trial Tr., p. 312-313. … up the car, the statements of the other individuals were clearly hearsay.

Hultberg v. Ohio Edison Co.

116 Ohio App. 3d 130 · Ohio Court of Appeals · Dec 5, 1996

Count number four alleged that the appellant was a qualified handicapped person and, as such, was wrongfully discharged without just cause when she was terminated without first being afforded any reasonable accommodation … It was clearly established in the deposition of the appellant that, following her discharge, the appellant filed with the Ohio Civil Rights Commission a charge of discrimination on July 24, 1991.

State v. Gay

2013 Ohio 4169 · Ohio Court of Appeals · Sep 25, 2013

Gay must establish that the result of his trial would clearly have been different but for the exclusion of the testimony about the reason Mr. Coleman was in jail. Id. … (“This Court may not reverse the judgment of the trial court on the basis of plain error, unless [the defendant] has established that the outcome of the trial clearly would have been different but for the alleged error”

State v. Jones

2014 Ohio 382 · Ohio Court of Appeals · Feb 6, 2014

II {¶10} We next consider Jones’s argument that her guilty plea was involuntary because she was not clearly advised of the elements of proof required for aggravated arson, it being her belief that the structure … A fair reading of the sentencing transcript tends to show that the court was not ambivalent about Jones going into the programs, just that it was unsure whether she qualified for the programs, stating: “I don’t oppose her

Goodman v. Cleland

2012 Ohio 5044 · Ohio Court of Appeals · Oct 25, 2012

No. 12CA4 7 evidence clearly demonstrates that Cleland did not do so. … Essentially, Cleland argues that he “does not qualify as an employer for the issue of overtime in the wage case.” Corrected Brief of Appellant at 7.

Frankenstein v. Leonard

27 Ohio Law. Abs. 335 · Ohio Court of Appeals · Jul 6, 1937

Plaintiff again asserts that he disputes and denies the position of the defendants, and but for the filing of this action for a declaratory judgment, to determine the invalidity of said sections and his rights and immunities … There is no basis for holding that it may prohibit, or so limit importation only if it establishes monopoly on the liquor trade.”