Case law

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  • 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.

    Cited 2 timesPublished
  • 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.”

    Cited 17 timesPublished
  • 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

    Cited 6 timesPublished
  • State v. Johnstone, 2007ca00319 (7-7-2008)

    2008 Ohio 3495 · Ohio Court of Appeals · Jul 7, 2008

    Appellant contends this fact was never established or alleged in any testimony presented by the State. … An alleged error does not constitute plain error unless, but for the error, the outcome of the trial clearly would have been otherwise. State v.

    Cited 1 timesPublished
  • State v. Rendina, Unpublished Decision (12-23-1999)

    Ohio Court of Appeals · Dec 23, 1999

    Clearly, these are indicators of drunken driving which the court needed to hear in arriving at its verdict. However, as radio commentator Paul Harvey would say, what about the rest of the story? … Safavi, a medical doctor, for the purpose of establishing that appellant may have been driving during a bout of sleep walking.

    Cited 0 timesUnpublished
  • Hillman v. Kosnik, 07ap-942 (12-4-2008)

    2008 Ohio 6303 · Ohio Court of Appeals · Dec 4, 2008

    SHUMACHER: Clearly his involvement does not preclude him from offering expert opinions, so I guess that makes him an expert witness. *Page 10 THE COURT: I propose I can answer the questions, yes, no. MR. … Kosnik would not have qualified as an expert, but only that the jury should not be informed of that status because of the possibility that the jury would give his testimony undue additional weight.

    Cited 2 timesPublished
  • 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.

    Cited 1 timesPublished
  • State v. Jones, 21818 (10-12-2007)

    2007 Ohio 5573 · Ohio Court of Appeals · Oct 12, 2007

    . {¶ 11} In his first assignment of error, Jones claims that his conviction was based on insufficient evidence, because the state failed to establish that he was driving the vehicle. … "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

    Cited 0 timesPublished
  • Morning View v. Ohio Dept., J. F.S., Unpublished Decision (11-12-2004)

    2004 Ohio 6073 · Ohio Court of Appeals · Nov 12, 2004

    Therefore, the claim for money was not barred by sovereign immunity. Ohio Hosp. Assn., at 105. {¶ 19} Ohio Hosp. … This type of "forum-shopping" is not what was envisioned when the Court of Claims was established; rather, the exceptions to its exclusive jurisdiction should be strict and narrow."

    Cited 11 timesUnpublished
  • 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.

    Cited 1 timesPublished
  • Yoh v. Schlachter, Unpublished Decision (3-17-2000)

    Ohio Court of Appeals · Mar 17, 2000

    In that event, however, the employers do not relinquish their immunity. Very clearly, the subrogation statute imposes an unlawful and one-sided impairment upon the contract of employment." … Specifically, appellant asserts that the subrogation statute constitutes a special immunity because it allows OTC to recover one hundred percent of the workers' compensation benefits paid, yet still maintain immunity.

    Cited 0 timesUnpublished
  • 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.

    Cited 2 timesPublished
  • Thomas v. Thomas, Unpublished Decision (11-22-2000)

    Ohio Court of Appeals · Nov 22, 2000

    The probate court magistrate clearly advised Linda, in the presence of her counsel, that if she could secure the service of a different treating psychiatrist she could discontinue Dr. Pakeeree's treatment. … Because the affidavit clearly raises a genuine issue of material fact about the hospital staff's breach of confidentiality, the hospital did not meet its Dresher burden.

    Cited 0 timesUnpublished
  • State v. Love

    2011 Ohio 4147 · Ohio Court of Appeals · Jul 28, 2011

    The CI would call Appellant and establish a time and place to buy drugs from Appellant. … Jones at ¶ 20. {¶22} Moreover, the state’s alternative argument that the CI’s statements qualify as present sense impressions under Evid.R. 803(1) is without merit.

    Cited 5 timesPublished
  • In re L.S.

    2020 Ohio 5469 · Ohio Court of Appeals · Nov 30, 2020

    R.C. 2151.04(C). {¶14} To establish abuse and dependency the State presented two witnesses in its case in chief: Dr. Catherine Huber (“Dr. … (Oct. 29, 2019 Tr.). 3 Doering also happens to be a pediatric nurse at SRMC, but was not qualified as an expert witness in the instant case.

    Cited 1 timesPublished
  • State v. Delvallie

    185 N.E.3d 536 · Ohio Court of Appeals · Feb 17, 2022

    Clearly, it does. … Clearly, the presumptive minimum term is deemed to be punishment commensurate with the crime committed.

    Cited 271 timesPublished
  • State v. Alliman

    206 N.E.3d 765 · Ohio Court of Appeals · Jan 25, 2023

    After admission of Koskela’s curriculum vitae, the state sought to qualify her as an expert in the field of counseling and treatment for victims of sexual assault. … In reviewing the record, we do not find that it clearly and convincingly establishes that the trial court’s findings were unsupported.

    Cited 0 timesPublished
  • State v. Arthurs

    2013 Ohio 3138 · Ohio Court of Appeals · Jul 18, 2013

    .” {¶25} Pickle next testified that she analyzed Maddock’s MRI taken a couple days before their meeting, and he qualified for a diagnosis of vascular dementia. … There was evidence from which the trial court could reasonably conclude that the state established Arthurs’s commission of the thefts.

    Cited 0 timesPublished
  • In re X.G.

    2025 Ohio 4627 · Ohio Court of Appeals · Oct 6, 2025

    In particular, R.C. 2151.414 establishes a two-part test for courts to apply when determining whether to grant a motion for permanent custody. … It was not testimony that required the caseworker to be qualified as an expert witness and, therefore, was not objectionable on that basis. See Evid.R. 702.

    Cited 0 timesPublished
  • Guziak v. Guziak

    80 Ohio App. 3d 805 · Ohio Court of Appeals · Jul 29, 1992

    To qualify the payments must be made “in cash,” and “received by (or on behalf of) a spouse under a divorce or separation agreement.” Section 71(b)(1)(A), Title 26, U.S.Code. … Of these factors the only issue not clearly addressed in the divorce decree is whether Veronica’s interest in Stanley’s pension terminates upon her death. For the following reasons we find that it does.

    Cited 29 timesPublished

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