Case law

In re C.E

2010 Ohio 4410 · Ohio Court of Appeals · Sep 20, 2010

ASSIGNMENT OF ERROR I THE RECORD CONTAINS INSUFFICIENT EVIDENCE TO PROVE CLEARLY AND CONVINCINGLY THAT THE AGENCY MADE DILIGENT EFFORTS TO ASSIST MOTHER TO REMEDY THE PROBLEMS THAT CAUSED THE … To that end, case plans establish individualized concerns and goals, along with the steps that the parties and the agency can take to achieve reunification. Id.

State v. Blankenburg

197 Ohio App. 3d 201 · Ohio Court of Appeals · Mar 26, 2012

An alleged error is plain error only if the error is obvious and but for the error, the outcome of the trial clearly would have been otherwise. State v. … Cooper’s testimony was required with regard to child erotica, but qualified her as a doctor of pediatrics. It ruled that Dr.

State v. Steckel

2026 Ohio 979 · Ohio Court of Appeals · Mar 23, 2026

For example, an accomplice may be offered immunity in exchange for testimony and never be indicted for the crime. … Id. at ¶ 81. {¶ 96} Steckel's argument regarding the import of Vasquez is not clearly explained in his appellate brief.

Angerman v. Burick, Unpublished Decision (3-26-2003)

Ohio Court of Appeals · Mar 26, 2003

Despite the label that each court attached to the potential nuisance (absolute, qualified, etc.), each case clearly recognized that noise generated by a race track or drag strip can constitute a nuisance and that a trial … In fact, none of these cases even mentioned the concept of negligence, despite the fact that one of the courts claimed to conduct a qualified nuisance analysis and found that a qualified nuisance had been established by the

Higgins v. Ranasinghe

2014 Ohio 4674 · Ohio Court of Appeals · Oct 23, 2014

Expert testimony is generally required both to establish that a physician was negligent, i.e., that the physician breached a standard of care in the medical community, and to establish a causal link between the alleged … sustains the issue which is to be established before them.

Mayer v. Bristow, Unpublished Decision (11-24-1999)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. Schultz v. Cuyahoga County Board of Elections

50 Ohio App. 2d 1 · Ohio Court of Appeals · Mar 9, 1976

“We, the undersigned, qualified voters residing in the unincorporated area of the Township, being not less than eight percent of the total vote cast for all candidates, for governor in this area at the last general election … This was an incorrect representation] If the relators chose to include the paragraph in question ’anywhere in the petitions, they were required -to clearly and unambiguously indicate on the face of the petition that the specific

State v. Brown

2013 Ohio 2220 · Ohio Court of Appeals · May 28, 2013

thirteenth juror,” and after “reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly … Despite the qualified statistical terminology, the evidence of appellant’s guilt is substantial. {¶31} Stepping back from the DNA evidence, it is impossible for us to overlook the strong circumstantial evidence

Kundtz v. at T Solutions, Inc., Unpublished Decision (3-29-2007)

2007 Ohio 1462 · Ohio Court of Appeals · Mar 29, 2007

Appellees contend the evidence it submitted established that appellant was not qualified to hold the position of senior data sales executive after the RIF. {¶ 28} Appellant, on the other hand, argues that this element of … Appellant contends that the type of skill assessment form utilized by AT T is clearly subjective, and that the assessors could readily manipulate the results.

State v. M.H.

2020 Ohio 4477 · Ohio Court of Appeals · Sep 17, 2020

Central to its determination was a finding that only spanking qualified as corporal punishment; slaps to the face or head did not so qualify. … The court noted there was evidence presented at trial establishing "a progression of types or forms of discipline had occurred."

State v. Kitto

2025 Ohio 5301 · Ohio Court of Appeals · Nov 25, 2025

In the alternative, the state argued that Professor Findley was not qualified to offer an expert opinion on Dr. … Pandey agreed with the coroner as to the cause of death, but also clearly disagreed as to the manner of death. Dr.

Peddler's Junction, L.L.C. v. Washington Square, L.L.C.

2025 Ohio 3054 · Ohio Court of Appeals · Aug 21, 2025

A clear and unambiguous promise is one that is “definite in the sense of being clearly a promise and not just a statement of intentions.” Garwood Packaging, Inc. v. … Id. at 30. {¶38} The trial court concluded that the State was immune from liability and dismissed the complaint.

State v. Henderson

2017 Ohio 412 · Ohio Court of Appeals · Feb 3, 2017

The evidence I reviewed showed me clearly what happened to this child. Q: This child clearly had a collision with something with its head, correct? A: Yes. … The state also argues that Hutchinson and Henderson failed to meet their burden to establish the need for expert testimony.

Foulke v. Beogher

166 Ohio App. 3d 435 · Ohio Court of Appeals · Mar 27, 2006

. {¶ 11} This court qualified that heightened duty of ordinary care as being proportional to the child’s age, experience, and inability to foresee and avoid perils. Franks, supra, 2000 WL 924807 at *5. … and controls her vehicle at all times to go to such lengths as to ignore customary traffic rules, and perhaps, even the safety of other motorists, in order to keep perpetual guard over children on the sidewalk when it is clearly

Brads v. First Baptist Church

89 Ohio App. 3d 328 · Ohio Court of Appeals · Jun 18, 1993

Because actual life remaining to a person cannot reasonably be determined, qualified mortality tables may be employed to arrive at a life expectancy for the person that is reasonably probable. … While the jury clearly found a breach of contract, it is unclear how it apportioned its award of damages between the several claims.

Bethel Oil & Gas, L.L.C. v. Redbird Dev., L.L.C.

258 N.E.3d 470 · Ohio Court of Appeals · Oct 23, 2024

See generally Maternal Grandmother, 2021-Ohio- 4096, at ¶ 11 (“when a complaint invokes the exception to a government employee’s immunity under R.C. 2744.03(A)(6)(b), notice pleading suffices and the plaintiff may not … WASHINGTON, 23CA5 65 {¶93} In their complaint, appellants have alleged a “qualified nuisance.”

Stewart v. Stewart

2025 Ohio 1635 · Ohio Court of Appeals · May 7, 2025

that he valued the home using the structure itself plus eleven acres of real estate; due to the rural nature of the build site, significant tax breaks are available to individuals owning land in excess of ten acres (qualifying … However, the court in Winkler held that the appeal was frivolous where “all assignments of error [were] clearly without merit under settled principles of law.” Id. at *20.

Medick v. Bulkley

16 Ohio Law. Abs. 640 · Ohio Court of Appeals · Dec 29, 1933

The testimony clearly was competent. The credibility of the witnesses, the weight of the testimony was for the jury. … Now, I will show you legions of authority that if the jury may legitimately draw an inference from an established fact you have a right to establish that fact.

Department of Taxation v. Argus

93 Ohio App. 221 · Ohio Court of Appeals · Jun 30, 1952

Of this estate, there are five beneficiaries receiving a total of $23,133, clearly subject to inheritance tax, and so charged by the Probate Court. … It seems to be agreed that if this purpose establishes an exemption under Section 5334, General Code, it must be under the provision exempting successions to “public charity” only.

State v. Miyamoto, Unpublished Decision (4-10-2006)

2006 Ohio 1776 · Ohio Court of Appeals · Apr 10, 2006

Child endangerment, as a first degree misdemeanor, is punishable by up to 180 days in jail, and therefore clearly qualifies as a "petty offense." R.C. 2919.24 (A)(1). … The record clearly establishes that the proceedings before the trial court were continued twice so that Miyamoto could obtain counsel, and he was given a Public Defender Application which was never completed and submitted