Case law

State v. Carroll, Ca2007-02-030 (12-28-2007)

2007 Ohio 7075 · Ohio Court of Appeals · Dec 28, 2007

Appellant maintains that the state's case relied heavily upon the testimony of a witness who was offered immunity from prosecution in return for her testimony. … However, contrary to appellant's claim, the accomplice in Jones was not a witness who was promised immunity from prosecution in *Page 25 return for testifying against the defendant at trial.

State v. Barron

183 N.E.3d 470 · Ohio Court of Appeals · Jan 18, 2022

The element 'compelled' has been established if the state 8. … Clearly, the jury believed Amy's testimony, which was corroborated by other evidence uncovered by police.

Weber v. Troy Twp. Bd. of Zoning Appeals, 07 Cah 04 0017 (3-13-2008)

2008 Ohio 1163 · Ohio Court of Appeals · Mar 13, 2008

. {¶ 16} To qualify as a prior nonconforming use, the land use must have been in existence before enactment of prohibitory land use regulation or extension of regulation to newly annexed territory and must have been "lawful … The evidence was sufficient to establish that use of the property as such was in conformance with the 1971 Resolution.

State v. Deacey

2017 Ohio 8102 · Ohio Court of Appeals · Oct 6, 2017

The court noted that the interpretation of “at a stop bar” had not been clearly established; thus, any mistake by the officer was reasonable and did not justify exclusion of evidence. {¶ 47} In its decision, the … The court stressed that, logically, the General Assembly would not want to establish a range of stopping points. Id. at ¶ 21.

Hudson v. Cleveland (City)

76 Ohio Law. Abs. 360 · Ohio Court of Appeals · May 8, 1957

It is clearly the law that a trial court should not inform the jury which party requested the written charges submitted to them. … The City of Cleveland itself caused such condition to exist, and whether in so doing it created a qualified nuisance in violation of §723.01 R.

Hannibal Dev., L.L.C. v. Monroe Water Sys.

2021 Ohio 2338 · Ohio Court of Appeals · Jun 28, 2021

The third count requests declaratory judgment to establish that Hannibal did not owe the amount paid. … However, we note that the specific issue in both Buckeye and Mauldin involves an immunity analysis, thus these cases are not directly on point. See Buckeye, supra; Mauldin v. Youngstown Water, Dept., 7th Dist.

Marder v. Marder, Ca2007-06-069 (5-27-2008)

2008 Ohio 2500 · Ohio Court of Appeals · May 27, 2008

A review of the voluminous record clearly shows that Taylor has extraordinary needs and expenses which are always changing as Taylor grows up and faces new challenges. … It is not clear whether this 2005 statement qualifies as "receipt and expense vouchers related to self-generated income" under R.C. 3119 . 05(A).

State v. Singo

2014 Ohio 5335 · Ohio Court of Appeals · Dec 3, 2014

That statute was clearly inapplicable to Mr. Singo, as he was convicted as a result of pleading guilty. Nevertheless, when Mr. … Singo was “qualified [for expungement] based on the modifications made by the statute and the legislative action back in September of 2011.” Moreover, in considering Mr.

State v. Luckett

144 Ohio App. 3d 648 · Ohio Court of Appeals · Jul 17, 2001

A review of the transcript from the original trial in this case clearly demon-states that the state’s case was premised on eyewitness identification. … Identity was established exclusively through eyewitness identification by both of the victims, including voice identification.

Bland v. Graves

99 Ohio App. 3d 123 · Ohio Court of Appeals · Nov 23, 1994

Attorney Waterman clearly represented to the court nearly three months before trial that it was unlikely Attorney Thomas would be acting as trial counsel. … Rules may be adopted to provide for the hearing of disqualification matters involving judges of courts established by law.”

State v. Monahan

2018 Ohio 4633 · Ohio Court of Appeals · Nov 16, 2018

The first is that trial counsel was ineffective because he failed to qualify a proper expert for the defense of impossibility. … Because Monahan failed to establish either of the first two elements of the test for self-defense, his trial counsel did not render ineffective assistance by failing to argue this as an affirmative defense. {¶ 41

State v. Hollis, 16-08-10 (1-26-2009)

2009 Ohio 302 · Ohio Court of Appeals · Jan 26, 2009

issue which is to be established before them. … Hollis was charged with unlawful restraint, and his own testimony established the grounds for the amendment.

State v. Zuravel

2017 Ohio 1540 · Ohio Court of Appeals · Apr 26, 2017

R.C. 2901.01(A)(12) defines “privilege” as “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.” … Zuravel in the parking lot of city hall. {¶37} The evidence, if believed, established that Mr.

State v. Jones

2021 Ohio 1050 · Ohio Court of Appeals · Mar 31, 2021

He notes that the State never moved to qualify her as an expert witness. While she described her qualifications in general, Mr. … He argues that it was error for the court to admit her testimony absent any showing that she was qualified to speak to the results of K.B.’s autopsy.

State v. Stanley, Unpublished Decision (6-14-2002)

Ohio Court of Appeals · Jun 14, 2002

The well-established rule is that the prosecutor has the sole discretion in determining whether to initiate criminal charges. … Not only did the assigned juvenile division prosecutor change, but clearly there was no cooperation in this matter during or after such administrative changes.

Covington v. Butcher

171 N.E.3d 488 · Ohio Court of Appeals · May 6, 2021

We agree. 2 Appellant's merit brief does not present a clearly expressed assignment of error for our review as required by App.R. 16(A)(3). … Appellant did not present testimony of a law enforcement officer or accident reconstruction expert qualified to opine on the speed of appellee's vehicle at the time of the collision.

State v. Eytcheson

2018 Ohio 2036 · Ohio Court of Appeals · May 25, 2018

Therefore, I was not allowed to present the well settled Supreme Court decisions which clearly establish said differentiation.” Eytcheson argues that since “Mr. … The elements of the traffic offenses were established through the direct testimony of Officer Colon.

State v. Ramos

2026 Ohio 2258 · Ohio Court of Appeals · Jun 15, 2026

The definition of “occupied structure” governs the nature of the target—it identifies what qualifies as the structure at or into which the firearm must be discharged. … Ramos’ actions were clearly problematic, they simply do not meet the elements of R.C. 2923.161(A)(1) under these facts.

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.

In Re D.W., Unpublished Decision (10-3-2002)

Ohio Court of Appeals · Oct 3, 2002

While [the witness] was not the custodian of the particular records at issue, he was a qualified witness. … issue which is to be established before them.