Case law

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

State v. Thomas

2024 Ohio 2611 · Ohio Court of Appeals · Jul 8, 2024

He did qualify for court- appointed counsel. … It’s clearly marked that a prison term would be imposed.

Powell v. Warren Cty. Bd. of Commrs.

163 N.E.3d 1135 · Ohio Court of Appeals · Dec 7, 2020

In particular, R.C. 303.022 provides counties the authority to establish and modify planned-unit developments through its zoning resolution. … It is undisputed that the planned-unit development sub judice qualifies as a "new base district." {¶20} While ZC 2.504.2(B) provides that a "new base district" completely displaces

Pavlides v. Niles Gun Show, Inc.

112 Ohio App. 3d 609 · Ohio Court of Appeals · Jun 10, 1996

However, appellant argues that the trial court should nonetheless have directed a verdict, because the law has changed, and the because our first opinion was clearly erroneous. … Appellant argues that Goodman was not properly qualified as an expert.

PNC Bank Natl. Assn. v. Whitaker

2025 Ohio 1078 · Ohio Court of Appeals · Mar 27, 2025

It is well established that party who fails to raise an argument in the trial court waives the right to raise it on appeal. … Whitaker alleged that he made a “qualified written request” (“QWR”) in February 2019 and that PNC Bank did not acknowledge the QWR within five days as required by statute.

Bangor v. Amato

2014 Ohio 5503 · Ohio Court of Appeals · Dec 8, 2014

The trial court concluded that Christine’s expert did not qualify as an expert under Evid.R. 702 and excluded his testimony. … The marital indebtedness is clearly a factor which a Court is to consider in making an award. However, Mr.

State v. Dumas

159 N.E.3d 349 · Ohio Court of Appeals · Sep 22, 2020

On appeal, the court determined that because the defendant's driver's license had been suspended, she did not qualify as a "licensed operator" for purposes of compliance with the restrictions on her son's temporary instruction … If the General Assembly wished to establish that violating the restrictions on a temporary instruction permit also invalidated the permit, it could have clearly done so.

Bruno v. State

15 Ohio Law. Abs. 693 · Ohio Court of Appeals · Jan 5, 1934

The Supreme Court of this state, in the opinion in State v Hoffman, 86 Oh St, 235, says: “The object of the examinations of persons called to act as jurors is to determixxe whether or not they are qualified to sit in the … It clearly appears from all the evidence that the criminal transaction occurred in the State of Ohio.” It appears from the record that John A.

Price v. Daugherty

5 Ohio App. 3d 157 · Ohio Court of Appeals · Feb 16, 1982

It is prejudicial error to admit a record into evidence when the record contains an opinion of a person who has not been properly qualified as an expert and which was made through practices and procedures which are of such … Clearly, there was no direct testimony, consistent with the requirements of Ackerman, supra, that Price had a psychiatric disorder on October 11, 1973.

State v. Zhovner

2013 Ohio 749 · Ohio Court of Appeals · Mar 4, 2013

Zhovner’s four paragraph-long assignments of error are clearly not concise and provide an extended outline of argument, which is neither appropriate nor suggested. … The scientific reliability of a particular speed measurement device may be established via expert testimony or judicial notice.

State v. Pampley

2024 Ohio 251 · Ohio Court of Appeals · Jan 25, 2024

It was clearly placed on the record that Mr. Pampley would be serving a prison sentence. And so that was explained to him clearly. … It is well established, however, that “[a] defendant does not have an absolute right to withdraw a guilty plea prior to sentencing.

Thomason v. AT&T

2018 Ohio 4914 · Ohio Court of Appeals · Dec 10, 2018

malicious prosecution and abuse of process against AT&T and the Belmont County defendants were remanded after summary judgment was entered in favor of the Belmont County defendants on the excessive force claims on the basis of qualified … immunity. {¶26} On remand, Appellant voluntarily dismissed the state claims against the Belmont County defendants.

State v. Jackson

2025 Ohio 109 · Ohio Court of Appeals · Jan 16, 2025

The State, however, must prove the elements of the qualifying predicate offense — including any mens rea element specific to that criminal act. Id. … Finally, it has long been held that “[m]otive is not an element of the crime of murder and need not be established to warrant a conviction; proof of motive does not establish guilt, nor does want of proof thereof establish

State v. Roby

2010 Ohio 1498 · Ohio Court of Appeals · Apr 5, 2010

An alleged error constitutes plain error only if the error is obvious and, but for the error, the outcome of the trial clearly would have been different. State v. … Our review of the record finds that there was sufficient evidence to support Roby’s conviction for burglary as a matter of law. {¶25} The testimony at trial clearly established that the semi-truck was an “occupied

In re V.J.P.

2021 Ohio 1779 · Ohio Court of Appeals · May 24, 2021

To apply this standard, the appellate court weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether in resolving conflicts in the evidence, the finder of fact clearly … However, he has established a bond with his caregivers, with whom he has resided since his release from the hospital.

Fleming v. Aas Service, Inc.

177 Ohio App. 3d 778 · Ohio Court of Appeals · Aug 1, 2008

Brady at paragraph two of the syllabus. {¶ 28} In relation to Section 34, the court held that the statute acted to confer a functional immunity to employers and, consequently, was “totally repugnant to Section 34, Article … In Fyffe , the court stated: *795 {¶ 66} “To establish an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established.

State v. Carnes, 2006-T-0055 (5-4-2007)

2007 Ohio 2166 · Ohio Court of Appeals · May 4, 2007

The reviewing court must consider all the evidence in the record, the reasonable inferences, the credibility of the witnesses, and whether, "in resolving conflicts in the evidence, the [trier of fact] clearly lost its way … Bognaird offered no opinion as to whether Matusky qualified as a sexual predator. {¶ 23} In order to properly classify Matusky as sexual predator, the court must find that Matusky "is likely to engage in the future in one

Total Office Prods. v. Dept. of Adm. Servs., 2007-T-0035 (9-28-2007)

2007 Ohio 5211 · Ohio Court of Appeals · Sep 28, 2007

Finally, the notice states that Total Office Products "has not established control of the funds deposited in the `Lockbox.'" … These were clearly identified in the notice as the day-to-day control of Total Office Products' operations.

In re G.M.

2022 Ohio 3687 · Ohio Court of Appeals · Oct 17, 2022

after Mother and the children resumed living with Father, the Agency filed a complaint alleging that the three children, G.M., M.M., and J.M., were dependent based upon the above facts and that G.M. was behind on her immunizations … In analyzing the best interest factors, the magistrate found that, although Mother clearly loves her children, the children consider the foster parents to be their parents.

Katz v. Ohio National Bank

21 Ohio Law. Abs. 18 · Ohio Court of Appeals · Jun 10, 1935

The doctrine of the cases just cited is supported by numerous authorities, and may be regarded as well established.” … As to the personal estate there was the absolute un *27 qualified duty to liquidate, whereas no such duty applied to the 99 year lease.