Case law

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.

State v. Jones

201 N.E.3d 1003 · Ohio Court of Appeals · Nov 23, 2022

The state also posits that the juvenile commitment qualifies as a sentence of imprisonment for purposes of consecutive sentences under R.C. 2929.41 and 2929.14(C): (A) Except as provided in division (B) of this section … Based on the record before this court, we clearly and convincingly find that the imposition of consecutive sentences is contrary to law in this case.

Fiorini v. Whiston

92 Ohio App. 3d 419 · Ohio Court of Appeals · Dec 8, 1993

The record clearly evidences that Dr. … From our review of the record and in light of the fact that liability, while not stipulated, was not contested, we hold that the trial court did not abuse its discretion in concluding that Fiorini met his burden of establishing

Barrow v. New Miami

2016 Ohio 340 · Ohio Court of Appeals · Feb 1, 2016

Here, the trial court found that the action qualified for certification under Civ.R. 23(B)(2). … Whether or not the administrative procedure established by Ordinance 1917 in fact satisfies procedural due process is not yet before us.

State v. Johnson

2016 Ohio 7937 · Ohio Court of Appeals · Nov 23, 2016

Tr. 287, 288-289, 292. {¶51} However, even if Evid.R. 801(D)(1)(c) was inapplicable, Jeff Jones’ statements to the officers would qualify as admissible hearsay under the excited utterance or present sense impression … This evidence was sufficient to establish identity.

State v. Higgins

183 Ohio App. 3d 465 · Ohio Court of Appeals · Aug 6, 2009

The first sign, which was clearly posted in the parking lot of the prison, stated, “NOTICE. ANY PERSON ENTERING THESE PREMISES SHALL BE SUBJECT TO SEARCH AT ANY TIME.” … New York (1962), 370 U.S. 139, 143 , 82 S.Ct. 1218 , 8 L.Ed.2d 384 , stated: {¶ 43} “(T)o say that a public jail is the equivalent of a man’s ‘house’ or that it is a place where he can claim constitutional immunity from search

State v. Melson

2022 Ohio 2709 · Ohio Court of Appeals · Aug 5, 2022

According to the State, Melson had violated a terms of his bond by committing another offense, which the Logan County indictment sufficiently established, and a conviction in that Logan County case was not necessary for … Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the

Crum & Forster Indemnity Co. v. Ameritemps, Inc.

2013 Ohio 5419 · Ohio Court of Appeals · Dec 12, 2013

policy to be applicable because we found Crosby to be an employee who was injured arising out of and in the course of his employment by Ameritemps.1 Id. at ¶ 21. {¶18} The doctrine of the law of the case establishes … Therefore, Crosby qualifies as an “insured” under the National Union general liability policy and the “Aircraft, Auto or Watercraft” exclusion applies to bar coverage. {¶20} Appellant next argues that the general

State v. Good

110 Ohio App. 415 · Ohio Court of Appeals · Feb 23, 1960

The defendant does not clearly disclose the places in the record to which he refers. … His readiness to return the money (if he could get any) clearly supports this position.

State v. Ross, 22096 (4-11-2008)

2008 Ohio 1760 · Ohio Court of Appeals · Apr 11, 2008

evidence, an appellate court "must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact `clearly … In that case, we held: {¶ 22} "It is well-established by courts in Ohio that `a finding of guilty on a principal charge but not guilty on a specification attached to the charge does not render the verdict inconsistent and

State v. Carter

96 N.E.3d 1046 · Ohio Court of Appeals · Aug 30, 2017

Both prongs must be established; if the performance was not deficient, then there is no need to review for prejudice and vice versa. State v. … A claim of ineffective assistance of counsel in a direct appeal must be established by the evidence in the record. See, e.g., State v.

Lewis v. Lewis, 06 Je 49 (6-24-2008)

2008 Ohio 3342 · Ohio Court of Appeals · Jun 24, 2008

It does not appear that any of the testimony referred to this fact and it is not established by any of the exhibits. … This is clearly an insufficient amount of income to maintain anything close to an upper-middle class lifestyle.

Sims v. Dibler

172 Ohio App. 3d 486 · Ohio Court of Appeals · Jun 13, 2007

Appellant also argues that the trial judge should have sustained a motion for a new trial, but a review of the record clearly supports the jury verdict. … Appellee’s counsel also established numerous credibility problems with appellant’s testimony, and it was primarily his testimony that was used to prove proximate cause and damages.

Andes v. Winland

2017 Ohio 766 · Ohio Court of Appeals · Mar 3, 2017

He was qualified as an expert in aerial maps by the trial court. … And although both Andes and Betty claimed that vehicles and building materials were continuously stored on the disputed area, the 2001 aerial photograph presented by Appellees does not clearly support that. {¶40} The

State v. McLoyd

230 N.E.3d 524 · Ohio Court of Appeals · Nov 30, 2023

. {¶22} The trial court clearly explained the reasonable doubt standard to the jury and stated that defendants are presumed innocent. … “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 lost its

State v. Arnold

2017 Ohio 209 · Ohio Court of Appeals · Jan 20, 2017

his report dated September 25, 2013, that appellant was guilty of conduct unbecoming a city employee, gross misconduct, theft of city benefits, falsification of city records and failure to properly notify the city of a qualifying … The affirmative defense of entrapment “is established where the criminal design originates with the officials of the government, and they implant in the mind of an innocent person the disposition to commit the alleged

State v. Susany, 07 Ma 7 (3-20-2008)

2008 Ohio 1543 · Ohio Court of Appeals · Mar 20, 2008

Appellant, his counsel, and the assistant prosecuting attorney signed this plea agreement, which also clearly provided that the charged offense was a violation of R.C. 2921.02 (C). … No. 05CA008639, 2005-Ohio-3793 , the court of appeals held that the defendant failed to establish manifest injustice.

Stancourt v. Worthington City School District Board of Education

164 Ohio App. 3d 184 · Ohio Court of Appeals · Oct 27, 2005

. {¶ 3} “To qualify for federal assistance, states must enact policies and procedures which are consistent with IDEA requirements. * * * Ohio has done so through R.C. Chapter 3323. … Neither can we conclude that the common pleas court’s determination is clearly erroneous.

Law Office of Josh Brown, L.L.C. v. Ohio Secy. of State

2025 Ohio 2130 · Ohio Court of Appeals · Jun 17, 2025

Lawrence, established that the statutory exemption applied. … Brown’s request were insufficiently precise, we cannot conclude that a request for emails during one eight-month period containing a single keyword (“Blystone”) of one public office qualifies as overly broad. Mr.

State v. Bartholomew

2020 Ohio 4611 · Ohio Court of Appeals · Sep 17, 2020

As explained in Grimmette, R.C. 2953.08(G)(2) specifically provides as follows: an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and … (ii) If the offense is a qualifying assault offense, the offender caused serious physical harm to another person while committing the offense, and, if the offense is not a qualifying assault offense, the