Case law

In re Z.S.

2021 Ohio 2022 · Ohio Court of Appeals · Jun 16, 2021

assistant prosecutor asked him about the effects of  6 a certain diagnosis on parenting abilities, Mother’s attorney objected on the ground that the witness had not been qualified … Clear and convincing evidence is that which will “produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” (Internal quotations omitted.)

State v. Agee

2016 Ohio 7183 · Ohio Court of Appeals · Sep 30, 2016

Thus, the petitioner receives only those rights established by statute. … The doctrine is inapplicable where Appellant fails to establish multiple instances of error. See Id.

Deibel v. Wilson

77 Ohio Law. Abs. 471 · Ohio Court of Appeals · Dec 13, 1957

Obviously, the members were qualified to read and interpret the blueprints of the proposed building which all say were before them. They knew the number and size of the rooms in the office. … McNeil et al, 46 Abs 244 , or that it exercised its discretion to an end or purpose not justified by, and clearly against, reason and evidence. State v. Ferranto, 112 Oh St 667, 148 N. E. 362 .

State ex rel. Cincinnati v. Indus. Comm.

2024 Ohio 5010 · Ohio Court of Appeals · Oct 17, 2024

Furthermore, 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. … To establish the right to participate in the worker’s compensation fund a claimant must show by a preponderance of the evidence both that (1) the injury arose out of and in the course of employment and (2) that a proximate

State v. Clark

2022 Ohio 2539 · Ohio Court of Appeals · Jul 25, 2022

“An error qualifies as ‘plain error’ only if it is obvious and but for the error, the outcome of the proceeding clearly would have been otherwise.” State v. Barnhart, 3d Dist. … Legal Analysis {¶18} To establish his ineffective-assistance-of-counsel claims, Clark must show both deficient performance, that his defense counsel’s performance fell below an objective standard of reasonable representation

Ohio Roundtable v. Taft, Unpublished Decision (6-26-2003)

Ohio Court of Appeals · Jun 26, 2003

." {¶ 70} An agency of the state of Ohio is clearly not conducting the multi-state lottery commonly known as "Mega Millions." … A lottery conducted by an agency of the government is more immune to such corrupting influences. {¶ 75} The legislature also clearly flouted the intention of the voters of Ohio when it made provisions for distribution of

State v. Brewer

2012 Ohio 2097 · Ohio Court of Appeals · May 11, 2012

Contrastingly, the decision as to which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified, by reason and … further conclude, after viewing the evidence in a light most favorable to the State, that any rational juror could have found the elements of having weapons while under disability and the firearm enhancement specification established

Fed. Nat'l Mortg. Ass'n v. Herren

99 N.E.3d 1071 · Ohio Court of Appeals · Nov 2, 2017

It goes on to assert that the affidavit of Nathan Abeln, attached to its motion for summary judgment, “clearly establishes Fannie Mae’s possession of the original Note and has obtained the right of a holder by virtue of … Fannie Mae’s attempt to cure these defects requires more explanation to ensure they comply with the applicable rules and qualify as proper remedies for defective negotiations and assignments.

Hopping v. Erie Ins.

2 Ohio App. Unrep. 49 · Ohio Court of Appeals · Mar 20, 1990

However, appellant claims that because she is beneficiary under the Ohio Wrongful Death Statute, she qualifies as an insured under the third category listed above. … In the instantcase,theparent-childrelationship was not established during the lifetime of *52 Estep.

Schalk v. Schalk, 13-07-13 (3-3-2008)

2008 Ohio 829 · Ohio Court of Appeals · Mar 3, 2008

Thomas clearly contributed labor to the corporation during the parties' marriage. {¶ 17} However, since there is no evidence as to the value of the business at the time the parties' were married or evidence as to value of … 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

Dailey v. Miller

2024 Ohio 1340 · Ohio Court of Appeals · Apr 9, 2024

The department’s first motion was based on sovereign immunity. Id. The department’s second motion contained “a more detailed argument” based on subject matter jurisdiction. Id. … Therefore, “[w]hen the rights of parties are clearly defined and established by law (especially when the source of such definition is through constitutional or statutory provision) the maxim ‘equity follows the law’ is

Geesaman v. St. Rita's Med. Ctr.

2014 Ohio 1480 · Ohio Court of Appeals · Apr 7, 2014

This description of our original opinion is clearly erroneous since we explicitly stated that “the judgment in favor of Dr. Cox * * * is reversed.” Geesaman I at ¶ 63. … We did not qualify this reversal in any way.

Entenman v. Auto-Owners Insurance

136 Ohio App. 3d 541 · Ohio Court of Appeals · Jan 28, 2000

This concept of interpretation applies with “greater force to language that purports to limit or to qualify coverage.” Watkins v. Brown (1994), 97 Ohio App.3d 160, 164 , 646 N.E.2d 485, 486-487 . … That which is not clearly excluded from coverage is included. Prudential Property & Cas. Co. v. Koby (1997), 124 Ohio App.3d 174, 177 , 705 N.E.2d 748, 749-750 , quoting DeMatteis v. Am. Community Mut. Ins.

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

State v. Spaulding, Unpublished Decision (12-9-2002)

Ohio Court of Appeals · Dec 9, 2002

." {¶ 6} A "junk yard" is defined as: "an establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk." … The state introduced a series of photographs which clearly depict appellant's property being used as a repository for a hodgepodge of various materials, many of which clearly meet the statutory definition of, and qualify

State v. Schmidt

2022 Ohio 4138 · Ohio Court of Appeals · Nov 21, 2022

Clearly the jury followed the trial court's instructions of law as to the limited use of other-acts evidence and did not use the evidence as proof of character trait. … "Motive evidence establishes that the accused had a specific reason to commit a crime." Id.

Ballard v. Beverly Enterprises, Inc.

107 Ohio App. 3d 5 · Ohio Court of Appeals · Oct 13, 1995

Clearly, “subject to the exemptions of’ modifies “section 13.” It is less clear what the “manner and methods” clause is intended to modify. … Ohio case law offers no guidance as to whether such a poster qualifies as “an administrative construction of the statute,” as contemplated by R.C. 1.49.

State v. Burrell, Unpublished Decision (5-25-2006)

2006 Ohio 2593 · Ohio Court of Appeals · May 25, 2006

The report must contain an attestation that the laboratory tests were conducted with due caution and in accordance with established and accepted procedures. Id. … A review of the record, however, does not establish this fact. The lab report does not prescribe the date the substance was tested.

Rolsen v. Lazarus, Inc., Unpublished Decision (9-29-2000)

Ohio Court of Appeals · Sep 29, 2000

been given sufficient evidence to have wished that Lazarus had treated Rolsen more leniently and open-mindedly in light of the obvious mitigating factors involved, there was simply no evidence by which the jury could have clearly … Although she testified that she did not personally feel that borrowing the watch was wrong, Meier did not convey any sort of promise to Rolsen that she was immune from punishment should she get caught by other company personnel

State v. Sanchez-Garza

2017 Ohio 1234 · Ohio Court of Appeals · Apr 3, 2017

appellate court must look at 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 … To qualify as hearsay, an out-of-court statement must be offered to prove the truth of the matter asserted. Evid.R. 801(C). In this case, the victim had earlier testified about her statements to H.