Case law

State v. Mitchell, Unpublished Decision (12-4-1998)

Ohio Court of Appeals · Dec 4, 1998

The witness may be qualified by establishing she has "specialized knowledge, skill, experience, training, or education regarding the subject matter of the testimony * * *." Evid.R. 702(B). … May was prejudicial because we cannot say the outcome of the trial, without the DNA evidence, would clearly have remained the same, and because our confidence in the verdict has been undermined.

State v. Baldwin, 12-08-02 (4-20-2009)

2009 Ohio 1836 · Ohio Court of Appeals · Apr 20, 2009

so, this court must review the entire record, weigh the evidence and all of the reasonable inferences, consider the credibility of witnesses, and determine whether in resolving conflicts in the evidence, the factfinder "clearly … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

State v. Cartwright

2024 Ohio 5638 · Ohio Court of Appeals · Dec 2, 2024

Standard of Review {¶8} Manifest “weight of the evidence and sufficiency of the evidence are clearly different legal concepts.” State v. Thompkins, 78 Ohio St.3d 380, 389 (1997). … The Supreme Court of Ohio has set forth the following test for determining whether a statement qualifies as an excited utterance under Evid.R. 803(2): (a) that there was some occurrence startling enough to produce

Dilley v. Dilley

2017 Ohio 8439 · Ohio Court of Appeals · Nov 6, 2017

. {¶3} On May 27, 2016, the trial court entered judgment, approving certain Qualified Domestic Relations Orders (“QDROs”) filed by appellee, Tatiana Dilley. Dilley, 2017-Ohio-4046, at ¶7. … This citation is clearly inapplicable.

Flannery v. Tessaromatis

91 Ohio App. 215 · Ohio Court of Appeals · Mar 23, 1949

The trial *222 court then reasoned from the physical evidence that by reason of the collision having occurred in the center of the intersection (although the record indicates clearly that each car was in its own lane of traffic … “The right of a motorist to use the through highway uninterruptedly is an absolute right qualified only by his duty to use it in a lawful manner.” (Emphasis supplied.)

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.”

Leonard v. City of Warren, Unpublished Decision (12-6-2002)

Ohio Court of Appeals · Dec 6, 2002

R.C. 2744.02 (B) enumerates five exceptions to the general grant of sovereign immunity. … Id. {¶ 16} At trial, appellants had the burden of establishing that a roadway condition constituted a nuisance. Randolph v. Kaestel-Hansen (Aug. 25, 1995), 11th Dist. No. 94-L-114, 1995 Ohio App. LEXIS 3492 , at 6.

State v. Brown

2012 Ohio 1848 · Ohio Court of Appeals · Apr 27, 2012

Plain error does not occur unless, but for the error, the outcome of the trial clearly would have been different. Id. at 97; Crim.R. 52(B). … . {¶ 37} We share Brown’s concern about the use of Knight’s testimony to establish his prior conviction, when other evidence had been presented to establish that fact.

State v. Pettiford

2024 Ohio 4447 · Ohio Court of Appeals · Sep 3, 2024

In Fannon, the defendants, like Pettiford here, argued that the testimony of the treating physicians who were also qualified to testify as expert witnesses in pediatric radiology and child abuse/pediatrics, did not give … We rejected this argument as contrary to well-established precedent: In State v.

State v. Woods

2024 Ohio 1053 · Ohio Court of Appeals · Mar 21, 2024

Although it is not clear if “her area” referred to her vagina or her pubic region, any area inside her underwear would qualify as an erogenous zone as defined by R.C. 2907.01(B). … Therefore, there was sufficient evidence to establish the GSI alleged in Count 27.

State v. Lautanen

217 N.E.3d 59 · Ohio Court of Appeals · Jun 12, 2023

The State established that the offenses took place in Ashtabula County and presented evidence that appellant entered a Verizon store with two phones. … Third, the appellant may argue that his sentence is clearly and convincingly otherwise contrary to law.

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.

State v. Smith

97 N.E.3d 1068 · Ohio Court of Appeals · Sep 21, 2017

At minimum, "the proponent must establish that he or she is faced with some authentic, objectively reasonable danger of incrimination." Id., citing Hoffman v. United States, 341 U.S. 479, 486-87 (1951). … Appellant essentially contends that if the affidavit was incriminating for purposes of the first assignment of error, which dealt with Chafin's assertion of his right against self-incrimination, then it also qualifies as

State v. Gilbert

96 N.E.3d 360 · Ohio Court of Appeals · Mar 9, 2018

. {¶ 14} Turning to residential restrictions, R.C. 2950.034(A) prohibits a person who pleads guilty to, or has been convicted of, a sexually oriented offense or a child- victim oriented offense from establishing … Third, the journal entry or opinion of the certifying court must clearly set forth the rule of law which the certifying court contends is in conflict with the judgment on the same question by other

In re M.B.

97 N.E.3d 17 · Ohio Court of Appeals · Aug 21, 2017

Similarly, other relatives were also considered but did not qualify due to their lack of stability. Ms. … Mother was also required to establish housing and the necessary stability for the child. According to Ms. Kasputis, appellant had made significant progress with her life and case plan.

State ex rel. Franta v. Indus. Comm.

2021 Ohio 1501 · Ohio Court of Appeals · Apr 29, 2021

Instead, relator argues, essentially, that PTD compensation is clearly warranted due to the "unlikelihood of finding 'sustained and remunerative employment' " considering those limitations in Dr. Finnerty's report. … Finnerty, and because she is qualified by age, education and work history to obtain and perform work at that level, the Staff Hearing Officer concludes the Injured Worker is capable of performing sustained remunerative employment

State v. Williams

2019 Ohio 4873 · Ohio Court of Appeals · Nov 20, 2019

but not to the extent of such certainty as is required ‘beyond a reasonable doubt’ in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … No. 19CA1090 20 response, Appellee points out that any error in the language of the court’s order is harmless error at best because Appellant is not qualified for such

Miller v. Foust

19 Ohio Law. Abs. 42 · Ohio Court of Appeals · Feb 21, 1935

Burnham’s son and his wife, we are clearly of the opinion that the record fails to disclose any evidence of undue influence exercised upon Mrs. Miller by defendant. … Miller was a woman of unusual mental attainments, of such character and mentality as to be virtually immune from undue influence.

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.

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.