Case law

Dimora v. Cleveland Clinic Foundation

114 Ohio App. 3d 711 · Ohio Court of Appeals · Oct 28, 1996

The conduct complained of here is clearly within the common knowledge and experience of jurors, not requiring knowledge beyond the ken of' the layperson, and, therefore, expert testimony is not required. See Jones v. … From the record before us, we find that the following was established.

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.

In re T.J.

2021 Ohio 4085 · Ohio Court of Appeals · Nov 17, 2021

Rather, she argues that the evidence established that the children have “positive relationship[s]” with all of the people in their lives, including mother. {¶ 46} Upon review, we agree that the evidence clearly … That is exactly what happened here. {¶ 51} On appeal, mother mainly takes issue with the GAL’s recommendation, arguing that the evidence established that “J.C. clearly prefer[s] to live with her mother.”

State v. Silvas

2021 Ohio 4473 · Ohio Court of Appeals · Dec 20, 2021

‘The standard for plain error is whether, but for the error, the outcome of the proceeding clearly would have been otherwise.’ State v. … Thus, Silvas has demonstrated that this portion of his sentence is clearly and convincingly contrary to law.

State ex rel. Welsh Ents., Inc. v. Indus. Comm.

2020 Ohio 2801 · Ohio Court of Appeals · May 5, 2020

established that claimant was not entitled to the requested TTD compensation. … Questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. Teece.

State v. Secessions

196 Ohio App. 3d 741 · Ohio Court of Appeals · Nov 23, 2011

Although many crimes qualify as “[t]heft offense[s],” the state alleged that Secessions violated R.C. 2913.02(A)(1). See R.C. 2913.01(E) (defining theft offense). … Upon review of the record, we are unable to say that it clearly lost its way. Secessions’s fourth assignment of error is overruled.

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.

In re M.K.

2023 Ohio 97 · Ohio Court of Appeals · Jan 12, 2023

Clearly, these children have many problems as the result of the parenting, or the lack of parenting of the Mother and Father. … GCCS has established a safe, stable and secure environment for M.K., A.K., and E.K.

State v. Wampler

2016 Ohio 4756 · Ohio Court of Appeals · Jun 30, 2016

. {¶ 29} With respect to Ch.L. and P.L.’s testimony, the state insists that the children’s statements to law enforcement officers qualify as excited utterances under 12. Evid.R. 803(2). … He also claims that the events as established at trial are not credible. {¶ 56} According to Wampler, the evidence at trial established that the family’s home was small.

Carr v. Carr

2021 Ohio 2530 · Ohio Court of Appeals · Jul 23, 2021

, the manifest-weight standard requires us to weigh the evidence and all reasonable inferences, to consider the credibility of witnesses and determine whether in resolving conflicts in the evidence, the finder of fact clearly … acquisition of a professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified

Galloway v. Galloway

2023 Ohio 29 · Ohio Court of Appeals · Jan 6, 2023

This was clearly important to the trial court’s decision. The trial court was free to make credibility determinations and weigh the evidence as it deemed appropriate. … He contends that Jennifer offered no qualified opinions of their worth, nor did she offer qualified opinions of the worth of 28. other personal property such as his guns or tools.

State v. Clark

256 N.E.3d 239 · Ohio Court of Appeals · Oct 15, 2024

The nurse practitioner, qualified as an expert in child sexual abuse, testified that these findings were not unexpected, as only a small percentage of boys who have experienced sexual abuse through anal penetration display … This testimony was sufficient to establish sexual contact for purposes of the gross sexual imposition charge. {¶34} In further arguing that his convictions should be reversed for failure to establish sexual conduct

Grove v. Fresh Mark, Inc.

156 Ohio App. 3d 620 · Ohio Court of Appeals · Mar 30, 2004

Form I-9 lists the types of documents that are acceptable to establish their identity and employment authorization. … Nor could she establish that any of the employees there were not authorized to work in the United States.

Ohio N. Univ. v. Charles Constr. Servs., Inc.

2017 Ohio 258 · Ohio Court of Appeals · Jan 23, 2017

However, the record clearly establishes, and it is uncontested by the parties, that ONU’s claims arose after construction on The Inn was complete. … -24- Case No. 5-16-01 products-completed operations segment of the policy together with exclusions j(6) and [L] and their corresponding exceptions in the CGL that it issued to CCS, without a qualifying

Smith v. Emery-Smith

190 Ohio App. 3d 335 · Ohio Court of Appeals · Oct 29, 2010

They agreed that the marital portion of William’s pension would be divided by a qualified domestic relations order. … However, the totality of the circumstances and [Gloria’s] conduct clearly establish that she intended that [William] be a co-owner of the property.

State ex rel. Huber v. Indus. Comm.

2025 Ohio 1029 · Ohio Court of Appeals · Mar 25, 2025

Questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus. … (Stip. at 488.) {¶ 15} Moreover, it is well-settled that questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder.

State v. Cassano

2012 Ohio 3073 · Ohio Court of Appeals · Jul 5, 2012

review requires us to 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 … That testimony alone was sufficient to establish the prerequisites for admitting the text messages as business records. {¶24} The court did sustain a defense objection to the representative’s statement that the

State v. Nicholson

2022 Ohio 2037 · Ohio Court of Appeals · Jun 16, 2022

The evidence presented at a probable cause hearing ‘“does not have to be unassailable’ to qualify as credible.” … She indicated that Onaje qualified for special education services due to his disruptive behaviors. Dr.

State v. Willard

175 N.E.3d 989 · Ohio Court of Appeals · Jul 26, 2021

Willard has not established that he was prejudiced by the trial court’s error. {¶105} Mr. Willard’s second assignment is without merit. … Id. {¶118} In In re M.A., 2016-Ohio-1161, 61 N.E.3d 630 (11th Dist.), we determined police and fire departments did not qualify as “victims” pursuant to R.C. 2152.20(A)(3), which governs restitution following a

State v. Taylor

2019 Ohio 142 · Ohio Court of Appeals · Jan 18, 2019

It’s my understanding he may be willing to stipulate to those prior convictions, which do qualify as offenses of violence. … The court qualified Williams as an expert witness in the area of forensic science involving ballistics and tool mark examination.