Case law

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.

State v. Iseman

2013 Ohio 460 · Ohio Court of Appeals · Feb 8, 2013

In order to prevail under a plain error analysis, appellant bears the burden of demonstrating that the outcome of the trial clearly would have been different but for the error. Long. … Appellant must establish the following: Richland County, Case No. 12CA26 11 2.

State v. Burrell, Unpublished Decision (5-25-2006)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Rolsen v. Lazarus, Inc., Unpublished Decision (9-29-2000)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. Deckard

213 N.E.3d 800 · Ohio Court of Appeals · Apr 28, 2023

Warrantless searches and seizures violate this prohibition unless conducted pursuant to one of the “few specifically established and well-delineated exceptions.” (Citations omitted.) Katz v. … Subsection (A)(2) would not apply because use of the parking lot was not clearly restricted to certain persons, purposes, modes, or hours.

State v. Prade

139 Ohio App. 3d 676 · Ohio Court of Appeals · Aug 23, 2000

However, on rebuttal the state presented testimony that showed that all Akron Police Officers are required to qualify in firearm proficiency once a year using both their dominant and nondominant hands. … Marshall established that the bite mark left on Margo was made by defendant.

State v. Rydarowicz

210 N.E.3d 1133 · Ohio Court of Appeals · Mar 16, 2023

Just because a fact witness could qualify as an expert on certain medical topics does not mean every opinion they give on a wound becomes an expert opinion. … The question is merely whether “any” rational trier of fact could have found the contested elements were adequately established. State v.

State v. Lindsey

2012 Ohio 804 · Ohio Court of Appeals · Mar 1, 2012

. {¶11} The Ohio Supreme Court established the proper analysis for determining  6 whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25 … Appellate courts must first “examine the sentencing court’s compliance with all applicable rules and statutes in imposing the sentence to determine whether the sentence is clearly and convincingly contrary to law.”

State v. Johnson

208 N.E.3d 949 · Ohio Court of Appeals · Feb 16, 2023

establish or prove past events * * * for the purpose of prosecuting William Johnson.” … elements of the offenses of which Johnson was convicted, the trial court’s error was clearly prejudicial and constitutes reversible error.

State v. Johnson

2022 Ohio 4344 · Ohio Court of Appeals · Dec 5, 2022

Custodian of the Record or Any Other Qualified Witness under Evid.R. 803(6) Stark County, Case No. 2021 CA 00116 37 {¶101} A “qualified witness” for purposes of … Milli he was clearly not ineffective with respect to Detective Volpe’s testimony. {¶153} In State v.

State v. Powell

2018 Ohio 3944 · Ohio Court of Appeals · Sep 27, 2018

amount of credible evidence sustains the issue which is to be established before them. … "Privilege" is "an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity."

Mayer v. Bristow, Unpublished Decision (11-24-1999)

Ohio Court of Appeals · Nov 24, 1999

Interestingly, speaking on immunity, that case cited Judge Learned Hand in Gregoire v. … Thus the public policy for R.C. 2323.52 parallels the reasoning for the R.C. 2743.02 immunity statute.

State ex rel. Yost, Atty. Gen. v. Anthony

2022 Ohio 3188 · Ohio Court of Appeals · Sep 7, 2022

Once again we note that appellant clearly informed the court that appellant had contacted a private attorney and that this attorney had agreed to represent appellant. … A contemnor’s “[u]nsubstantiated claims of financial difficulties do not establish an impossibility defense to a contempt charge.” Wagshul v. Wagshul, 2d Dist.

State ex rel. Banks v. Indus. Comm.

2023 Ohio 4672 · Ohio Court of Appeals · Dec 21, 2023

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. … As explained previously, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as factfinder.

State v. Alexander

2012 Ohio 2041 · Ohio Court of Appeals · May 3, 2012

Regarding the third limitation, “reversal is warranted only when the outcome of the trial clearly would have been different without the error.” Beebe, at ¶10, citing State v. … (Tr. at 45.) {¶24} Given these facts, a finding that Appellant stole the items necessitates a finding he also used some effort to open the door, which qualifies as “force.”

In re Estate of Klie

2017 Ohio 487 · Ohio Court of Appeals · Feb 9, 2017

(Emphasis added.) {¶ 16} In the present case, the magistrate concluded that the testimony from Murphy and Morrow established that the itemized fee statement included in appellee's exhibit 1 was recorded as part of … attorney fees request and determined the necessity and reasonableness of the fees. {¶ 24} In reviewing appellant's objections to the magistrate's decision, the probate court concluded that "[t]he record in this matter clearly

Allen v. Allen

196 N.E.3d 368 · Ohio Court of Appeals · Sep 12, 2022

Four of the plans were to be divided pursuant to qualified domestic relations orders (“QDROs”),1 the terms of which were attached as joint exhibits. … Allen sought to establish Ms. Allen’s alleged propensity for deceitfulness, which is precisely the type of evidence that Evid.R. 404(B) prohibits. See Graham at ¶ 76. Accordingly, Mr.

Petty v. Wal-Mart Stores, Inc.

148 Ohio App. 3d 348 · Ohio Court of Appeals · Mar 15, 2002

These records clearly do not tell the Court whether an employee missed a break because she was required or permitted to by Wal-Mart. {¶ 15} “In addition, time clock records only show the hours of work for which the employee … This Court is left with the burden of a highly individualized adjudication to determine which of the 174,000 employees qualify as class members.

State v. Emonds

26 Ohio Law. Abs. 410 · Ohio Court of Appeals · Mar 25, 1938

The evidence seems to establish that the victim, Beebe and his three companions had been aggressor's in annoying and worrying the defendant. … Clearly this defendant must be distinguished from one who without provocation and of his own spontaneous conduct engages in a crime of violence.

State v. Tebelman

2010 Ohio 481 · Ohio Court of Appeals · Feb 16, 2010

Thus, they are not pertinent enough to detract from the trial court’s overall competency determination. {¶24} G.B.’s testimony clearly established that she satisfied the standards in Frazier and as such we cannot … Clearly, G.B. was still under the stress of excitement when she made these comments to Robin. {¶34} Furthermore, even if G.B.’s statements to Kim and Robin did not qualify as excited utterances, the admission of