Case law

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.

State v. Calimeno

2013 Ohio 1177 · Ohio Court of Appeals · Mar 28, 2013

review requires us to review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … or hesitation” and signed a consent form that stated, in relevant part, “I further understand that my consent is freely and voluntarily given with the right to refuse and without any threats, coercion, or promises of immunity

State v. Peters

231 N.E.3d 37 · Ohio Court of Appeals · Dec 4, 2023

Testimony also supported that the gun qualified under the statute as a “firearm” that was operable or could readily have been rendered operable at the time of the offense. … To qualify for plain- error relief, the appellant must establish: (1) occurrence of an error, i.e., a deviation from a legal rule; (2) the error was plain, i.e., it was an obvious defect in the trial proceedings; and (

State v. Williams, Ct2007-0075 (7-10-2008)

2008 Ohio 3496 · Ohio Court of Appeals · Jul 10, 2008

We disagree. {¶ 10} After a voir dire, the trial court determined Nurse Hivnor did not qualify as an expert. T. at 331. … In order to prevail under a plain error analysis, appellant bears the burden of demonstrating that the outcome of the trial clearly would have been different but for the error. Long .

State v. Halka

166 N.E.3d 707 · Ohio Court of Appeals · Jan 22, 2021

Assignment of Error Five: The maximum and consecutive sentence of 33 years is clearly and convincingly unsupported by the record. IV. … refer to one who engages in a pattern of corrupt activity relative to the individual, minimum threshold of each drug sale to satisfy R.C. 2923.31(I)(2)(c), requiring the proceeds from the sale of drugs to exceed $1,000 to qualify

Sammetinger v. Kirk Bros. Co., Inc.

2010 Ohio 1500 · Ohio Court of Appeals · Apr 5, 2010

This requires the moving party to establish: (1) that there are no genuine issues of material fact; (2) that the moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one … Co., 159 Ohio App.3d 590, 2005- Ohio-430, 824 N.E.2d 1027, ¶¶ 11-12. {¶52} In this case, the policy clearly states that Westfield has a right and duty to defend its insured (Kirk Bros.) against a suit asking for

State v. Edwards, 22648 (3-27-2009)

2009 Ohio 1408 · Ohio Court of Appeals · Mar 27, 2009

." {¶ 17} In applying R.C. 2941.25 , the supreme court has established a two-part test for determining whether multiple offenses are allied offenses of similar import. … See R.C. 2923.31 (I) (identifying a multitude of crimes that qualify as `corrupt activity').

O'Neal v. Arndt, Unpublished Decision (6-30-1999)

Ohio Court of Appeals · Jun 30, 1999

The county appellees also asserted that the county was immune, pursuant to R.C. 2744.03 (A)(5), because the maintenance of the road involved the exercise of judgment or discretion and that appellants failed to establish that … Therefore, the county cannot be immune under R.C. 2744.03 (A)(5).

Haun v. Haun

2019 Ohio 5408 · Ohio Court of Appeals · Dec 31, 2019

of a professional degree of the other party; {¶44} “(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … Summit No. 26904, 2014-Ohio-3474, 17 N.E.3d 1192, ¶ 14, “necessity clearly plays a role in the appropriateness and reasonableness of an award (as well as in its nature, amount and terms) * * *.” Humphrey v.

Furr v. State Farm Mutual Automobile Insurance

128 Ohio App. 3d 607 · Ohio Court of Appeals · Jun 26, 1998

With respect to the applicable law in this case, it is well established that an insurer has a duty to its insured to act in good faith in the handling and payment of an insured’s claims. Hoskins v. … Milwaukee also argues that Levin was not qualified to give an expert opinion regarding whether Milwaukee acted “reasonably.”

Langford v. Dean, Unpublished Decision (9-30-1999)

Ohio Court of Appeals · Sep 30, 1999

Reichsman sufficient to establish her as an expert, qualified to give expert testimony, in the area of soft tissue injury. At the trial deposition of Dr. Reichsman, the following exchange took place: Q: And, Dr. … Yet, the decision of the trial court was not clearly unreasonable given the failure of the appellee's attorney to attempt to more fully qualify Dr. Reichsman as an expert.

State v. Crozier, Sr., Unpublished Decision (2-21-2001)

Ohio Court of Appeals · Feb 21, 2001

We find the statements qualified under Evid.R. 803(4). … Based upon the facts presented, we find no violation of Dever nor any error by the trial court in permitting the complained of testimony as the record clearly establishes the hospital setting and the general trustworthiness

State v. Kamer

2022 Ohio 2070 · Ohio Court of Appeals · Jun 17, 2022

It clearly and plainly lists the essential elements of each offense in terms of each statute he is accused of violating. … establish when this abuse occurred or how many times the specific types of abuse occurred.

State v. Sherfey

2014 Ohio 1717 · Ohio Court of Appeals · Apr 21, 2014

When a number of individuals involved in the theft ring were apprehended by law enforcement, one member of the theft ring, Shane Stoughton, in exchange for immunity from prosecution, implicated Sherfey. … the issue, which is to be established before them.

State v. Brock

239 N.E.3d 454 · Ohio Court of Appeals · Mar 15, 2024

Instead, this section requires the state to establish that a defendant operated a vehicle “when his faculties where appreciably impaired * * *.” State v. Smith, 7th Dist. … However, appellant contends that the trial court failed to make a finding that appellant has never held a driver’s license as required by R.C. 4510.12(C)(1) to qualify the offense as an unclassified misdemeanor.

Rogers v. Rogers

2024 Ohio 5951 · Ohio Court of Appeals · Dec 20, 2024

Clearly, the scanner could have been attached to Stanley’s computer; it could also have been a common scanner. … , because it had already concluded that the will should be admitted under R.C. 2107.03, the will therefore  -30- automatically qualified

State v. Streeter

2026 Ohio 1668 · Ohio Court of Appeals · May 6, 2026

Alexis Kimble, with the Stark County Crime Lab, was qualified as an expert, performed the testing, and testified at trial. … The jury did not clearly lose its way or create such a manifest miscarriage of justice that the convictions cannot stand.