Case law

Reeves v. Healy

192 Ohio App. 3d 769 · Ohio Court of Appeals · Mar 29, 2011

Failure to establish the standard of care is fatal to a prima facie case of medical malpractice. … To establish that a physician assistant committed medical malpractice, the plaintiff must adduce testimony from an expert who is qualified to testify to (1) the standard of care applicable to physician assistants and (2)

State v. Suntoke

2014 Ohio 1431 · Ohio Court of Appeals · Apr 2, 2014

.” {¶21} This rule establishes a fairly strict standard for deciding a post-sentence motion to withdraw a guilty plea, but provides no guidelines for deciding a presentence motion. State v. … Appellant was represented by qualified appointed counsel when he Muskingum County, Case No.

Doe v. Blue cross/blue Shield of Ohio

79 Ohio App. 3d 369 · Ohio Court of Appeals · Apr 21, 1992

At the first meeting, Shwed allegedly requested that the Does deliver a copy of the policy to her so that Harding’s patient accounts manager, Anna Pfeiffer, could determine whether Jane’s insurance benefits qualified her … Appellant’s “assumption of duty” theory to establish negligence liability in this case is misplaced.

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.

In re S.G.

2016 Ohio 8403 · Ohio Court of Appeals · Dec 27, 2016

“Clear and convincing evidence” is: “[T]he measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the allegations sought to be established. … Agency representatives indicated that Kimberly Schroeder would still qualify under their standards for safety placement of [S.G.], but she would not qualify for a long term relative placement.

State v. Kelly

2024 Ohio 1864 · Ohio Court of Appeals · May 15, 2024

For a statement to qualify under this narrow exception to the hearsay rules, the witness must have made the consistent statement before the alleged fabrication, influence or motive occurred. … And the admissible evidence as a whole was sufficient to establish the elements of possession of cocaine, as will be discussed in more detail below.

State v. Ward

208 N.E.3d 143 · Ohio Court of Appeals · Feb 3, 2023

Jackson’s interview, the trial court determined that neither interview had qualified as a custodial interrogation that required Miranda warnings. … In order to prevail under a plain-error review, Ward must establish both that misconduct occurred and that but for the misconduct, the outcome of his trial clearly would have been different. State v.

State v. Reedy

2026 Ohio 1119 · Ohio Court of Appeals · Mar 27, 2026

The statute qualifies this requirement thusly: "to the extent it [the property to be forfeited] is reasonably known at the time of the filing[.]" … Caslicchhio; Lilliock. {¶ 29} Now that we have clearly established that the forfeiture at issue here is a criminal penalty, we must be respectful that the General Assembly has superior constitutional powers in this

Soley v. Soley

101 Ohio App. 3d 540 · Ohio Court of Appeals · Mar 3, 1995

We denied appellant’s writ holding that he failed to clearly establish that legal proposition; in addition, we concluded that appellant had an adequate remedy at law. State ex rel. Soley v. … There, the daughter of a decedent’s brother sought a widow’s share of the estate, contending that she and her uncle had established a common-law marriage.

In re H.B.

2025 Ohio 2159 · Ohio Court of Appeals · Jun 18, 2025

evidence sustains the issue which is to be established before them. … Some I find qualify as being related to medical diagnosis and treatment and therefore, are non-testimonial and also admissible as a hearsay exception. Others I do not so find.

Watkins v. Affinia Group

2016 Ohio 2830 · Ohio Court of Appeals · May 5, 2016

The Daubert court explained that “in order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method.” … “It is not adequate to simply establish that ‘some’ exposure occurred.

State v. Carstaphen

2022 Ohio 3129 · Ohio Court of Appeals · Sep 8, 2022

Further, proof of motive does not establish guilt. … The trial court did not err in imposing an indefinite prison sentence for appellant’s qualifying offenses. III.

State v. Hirsch

129 Ohio App. 3d 294 · Ohio Court of Appeals · Aug 7, 1998

These arguments clearly comported with the state’s strategy of painting Hirsch as the sort of violent individual who would commit aggravated murder. … The proponent of evidence allegedly falling under this exception must lay a proper foundation for its admission through the testimony of the records custodian or some other qualified individual.

Burger v. Cleveland, Unpublished Decision (3-29-2007)

2007 Ohio 1456 · Ohio Court of Appeals · Mar 29, 2007

The facts establish that Burger's injuries were sustained on the sidewalk, not the bridge. Burger's reliance on Trader v. City of Cleveland , Cuyahoga App. No. 86227, 2006-Ohio-295 is misplaced. … In Trader , this Court held that the City was not immune from suit as a *Page 8 matter of law where a traffic pole fell and injured a motorist traveling on a public road.

Mancz v. McHenry

2021 Ohio 82 · Ohio Court of Appeals · Jan 15, 2021

established prior to the McHenrys’ counsel’s own questioning. … The plain language of R.C. 1336.04 clearly provides that the claim of the creditor can arise after the transfer of the property.”

State v. Arnold

2014 Ohio 1134 · Ohio Court of Appeals · Mar 24, 2014

Nothing in the record establishes how Lester was remotely in danger of giving testimony that would incriminate himself. … The 4 Although such a statement may qualify for admission through a reading, there is no requirement that the witness be the one to read it, as the court required here.

In re R.S.

2010 Ohio 2160 · Ohio Court of Appeals · May 17, 2010

Tammy was permitted to remain with R.S. through the participation of a program which allowed mothers to provide support for nutrition and build the immunity of the child while imprisoned. … This further prevented her from being able to establish and maintain stable housing for at least three consecutive months pursuant to the case plan.

State v. C.D.S.

2021 Ohio 4492 · Ohio Court of Appeals · Dec 21, 2021

Letson is qualified to testify as to the physical examination and her statement that the examination was consistent with L.A.' … It is well-established law that an appeals court is limited to the record of the proceedings from trial. Morgan v.

Smith v. Burroughs

2010 Ohio 4806 · Ohio Court of Appeals · Oct 4, 2010

Collie (1996), 108 Ohio App.3d 580, 583, and we find the record clearly demonstrates that sufficient evidence existed to establish that Richard’s threat of death was imminent and Alysha believed it could occur at any moment … Although some evidence indicated that the children did reside at least part time in the residence with Alysha and Richard, suggesting that the children may have qualified under the definition of family or household member

Warner v. Palmer

2017 Ohio 1080 · Ohio Court of Appeals · Mar 22, 2017

We cannot answer a specific legal question, on whether title passed by will for instance, when the facts defining the scope of the legal issue have not been fully established. … Some do not qualify as written instruments under Civ.R. 10(C). This stage of the case is not conducive to these types of documentary evidence.