Case law

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

State v. Askew

2012 Ohio 585 · Ohio Court of Appeals · Feb 16, 2012

. {¶15} The record reflects that the identification of the anonymous caller as L.S.’s uncle qualifies as a present sense impression. … evidence sustains the issue which is to be established before them.

Cleveland v. Watson

2020 Ohio 2721 · Ohio Court of Appeals · Apr 30, 2020

Thus, the city had to establish beyond a reasonable doubt that Watson knowingly restrained M.D.’s liberty without privilege to do so. … The duration of the restraint does not have to be prolonged; momentary restraint is sufficient to qualify as restraint. State v. Alghamdi, 9th Dist. Summit No. 28837, 2018-Ohio-3158, ¶ 5; State v.

State v. Morgan

156 N.E.3d 989 · Ohio Court of Appeals · Aug 5, 2020

Accordingly, we determine that Morgan qualifies as a violent offender pursuant to R.C. 2903.41(A)(2). … Supreme Court simply determined that, while previous  10 enactments contained portions that “suggested” the scheme was punitive, the new enactment removed all doubt and was clearly

Lacy v. Uganda Investment Corp.

7 Ohio App. 2d 237 · Ohio Court of Appeals · Jan 2, 1964

evidence to us from a close examination of the record that these bills were not incorporated as a part of the hospital records; that neither the assistant medical librarian nor the attache of the controller’s office was qualified … In our view, this instruction is tantamount to instructing the jury to assume that the defendant was negligent in the premises and is clearly prejudicially erroneous.

Stackhouse Oldsmobile, Inc. v. Petry

12 Ohio App. 2d 68 · Ohio Court of Appeals · Oct 31, 1967

The court in its opinion (Matthias, J.) on page 549 states as follow's: *75 “Those cases clearly and firmly establish the rule in Ohio that where endorsement and delivery of a certificate of title for an automobile are made … Plaintiff has clearly failed to sustain its burden of proof to establish that it has a legal claim or interest in this automobile, which entitles it to a superior right of possession of this automobile to that of defendant

State v. Brooker

170 Ohio App. 3d 570 · Ohio Court of Appeals · Feb 5, 2007

This qualifies as “forging” and the checks constitute a “writing.” … Once the reviewing court finishes its examination, the court may reverse the judgment of conviction only if it appears that the fact-finder, in resolving conflicts in evidence, “ ‘clearly lost its way and created such a manifest

Dayton Street Transit Co. v. Dayton Power & Light Co.

57 Ohio App. 299 · Ohio Court of Appeals · Dec 18, 1937

We summarize the petition as follows: It is alleged that the Dayton Street Car Company is a corporation qualified as a public carrier and that the defendant. … The statutes above referred to and others in the public utility chapter clearly demonstrate that the Public Utility Commission has full plenary and, we believe, exclusive jurisdiction of all questions relating to the matters

State v. Fonseca

2016 Ohio 7348 · Ohio Court of Appeals · Oct 17, 2016

The trial court’s conclusion that Fonseca is likely to commit future crimes is clearly and convincingly supported by the record. … (PSI at 19-20). {¶31} Therefore, the record clearly and convincingly supports the trial court’s conclusion that Fonseca is likely to commit future crimes.

City of Findlay v. Gardner, Unpublished Decision (3-18-1999)

Ohio Court of Appeals · Mar 18, 1999

Further, the judgment entry clearly and unequivocally establishes that the State had met its burden of proof on each element of the offense charged. … The evidence adduced at trial establishes that Officer Branson visually estimated Appellant's speed to be in excess of the lawful limit.

Harbor Island Assn., Inc. v. Stecks Buckeye Storage Units, L.L.C.

2021 Ohio 2969 · Ohio Court of Appeals · Aug 27, 2021

benefit from the use of the real estate of improvements in common with other owners have an equitable obligation to pay for their fair share of the maintenance and replacement of [the bridge]” and that “[t]he bridge is clearly … Jeffrey Yoder, PE of Poggemeyer Design Group, Inc. is qualified to design the bridge and provide general oversight of the construction of the new Bridge. 7.

State v. Smith

2021 Ohio 3997 · Ohio Court of Appeals · Nov 10, 2021

. 702, a witness may testify as an expert if (A) his or her testimony either relates to matters beyond the knowledge or experience of a lay person or dispels a misconception common among lay persons; (B) he or she “is qualified … Bike Athletic Co., 80 Ohio St.3d 607, 687 N.E.2d 735, established standards that Ohio courts generally use in 18. evaluating the reliability of scientific evidence.

Kiser v. United Dairy Farmers

219 N.E.3d 465 · Ohio Court of Appeals · Jun 27, 2023

of other competent evidence and conclusory statements of law.”). {¶ 22} In fact, we have previously noted that “there may be aspects to the facts of any given case upon which the nonmoving party may be uniquely qualified … Ratkowski acknowledged having this conversation in her own deposition and the video evidence in the record clearly shows Ms. Kiser and Ms. Ratkowski exchanged words at the cash register.

State v. Albanese, Unpublished Decision (9-15-2006)

2006 Ohio 4819 · Ohio Court of Appeals · Sep 15, 2006

Thus, there is no question that Officer Sackett was testifying as an expert with not even a minimal attempt by anyone to qualify him as such. … He cannot testify as an expert unless and until he has been established as an expert by the court. 6 The record clearly demonstrates that the officer was NOT an expert on the NHTSA Standards.

State ex rel. Donahue v. Allen Cty. Bd. of Elections

2021 Ohio 3292 · Ohio Court of Appeals · Sep 20, 2021

Assignment of Error The Trial Court erred in finding that Elizabeth Hardesty was a resident of the City of Lima for six months before the filing deadline for the 2021 primary election, and therefore qualified … Likewise, there was substantial evidence from which the board could conclude that Hardesty did not establish residence in another state, which she entered for the temporary purpose of employment, without the intention

Burns v. Daily

114 Ohio App. 3d 693 · Ohio Court of Appeals · Oct 28, 1996

Rudy as “incompetent” in its orders establishing the guardianship and appointing the guardian, its finding that Mrs. … At the close of Burns and Strawder’s case-in-chief, Daily moved for dismissal under Civ.R. 41 for failure to establish all the elements of a prima facie case and for failure to establish facts necessary to prove subject-matter

Rollins v. Rollins

2014 Ohio 5441 · Ohio Court of Appeals · Dec 10, 2014

“during the marriage” means the period of time between those dates selected and specified by the court. {¶24} Courts should be reluctant to use a de facto termination of marriage date unless the evidence clearly … 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

Shesler v. Consolidated Rail Corp.

151 Ohio App. 3d 462 · Ohio Court of Appeals · Jan 24, 2003

Clearly, there is a marked difference in the testimony of the appellees based on personal knowledge which specifically referred to asbestos as opposed to the situation in Goldman , which was based largely on speculation and … admission of expert testimony during the course of trial, provides, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Hosler v. Hosler

2016 Ohio 5777 · Ohio Court of Appeals · Sep 12, 2016

Husband therefore had to pay less to Wife to equalize her half of the business, which was clearly a marital asset. {¶ 19} As such, Husband received the benefit of Wife's debt because it reduced the marital value … the 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