Case law

In re L.M.

2011 Ohio 3285 · Ohio Court of Appeals · Jun 30, 2011

The facts of that case, however, are clearly distinguishable from this one. … qualify as “residential parents.” Although P.C. and D.C. had legal custody, neither they nor M.M. and M.M. are the children’s parents.

State v. Converse

170 N.E.3d 72 · Ohio Court of Appeals · Apr 14, 2021

Plain error is established where the error is plain or obvious, the outcome of the proceedings would have been different but for the error, and reversal is necessary to correct a manifest miscarriage of justice. … The inclusion of a 36-month sentence in the sentencing entry was clearly a clerical error. {¶30} We accordingly overrule Converse’s third assignment of error as the trial court did not err in the imposition of sentence

State v. Echols

128 Ohio App. 3d 677 · Ohio Court of Appeals · Jun 26, 1998

The deposition transcript clearly establishes that Dr. Fulero has a Ph.D. in psychology and is a licensed attorney. … Fulero’s testimony clearly met these requirements. C.

Mitchell v. Mid-Ohio Emergency Serv L.L.C., Unpublished Decision (9-30-2004)

2004 Ohio 5264 · Ohio Court of Appeals · Sep 30, 2004

However, the right of noninterference is limited by the applicability of a qualified privilege. Id. … To state a claim for civil conspiracy, Mitchell must establish four elements.

Jones v. Jones

48 Ohio App. 138 · Ohio Court of Appeals · Jun 26, 1933

A long list of cases is cited in the opinion, starting with Parish’s Heirs v Ferris, 6 Oh St, 563, and show this rule to be thoroughly established. … It will be noted that the rule is qualified by this language, “unless a contrary intention and purpose of the testator is clearly manifested.”

State v. Reye

2016 Ohio 3495 · Ohio Court of Appeals · Jun 20, 2016

This testimony was sufficient to establish that the seized substance was marijuana. … We disagree. {¶25} R.C. 2925.51(A) provides that a laboratory report from a qualified agency “is prima-facie evidence of the content, identity, and weight or the existence and number of unit dosages of the substance

State v. Lindsey, Unpublished Decision (2-24-2003)

Ohio Court of Appeals · Feb 24, 2003

However, to so qualify, the evidence outside the record must demonstrate that appellant could not have appealed the claim based upon information in the original trial record. State v. … Kerr's belief that she would be reimbursed for lost wages has not been established as fact, and in any event, would not arise to the level of prosecutorial misconduct.

Pierron v. Pierron, 07ca3153 (3-13-2008)

2008 Ohio 1286 · Ohio Court of Appeals · Mar 13, 2008

Pierron presented the trial court with proposed Qualified Domestic Relations Orders ("QDROs"), which were similar. However, Ms. … However, the distribution of the savings plan clearly does not contain any provision for the allocation of investment performance. While the parties could have provided for that anticipated event, they did not do so.

State v. Dixon

152 Ohio App. 3d 760 · Ohio Court of Appeals · May 19, 2003

However, the court determined that this statement qualified as an excited utterance, one of the exceptions to the hearsay rule. See Evid.R. 803(2). … As previously noted, “[a]n alleged error ‘does not constitute a plain error * * * unless, but for the error, the outcome of the trial clearly would have been otherwise.’ ” State v.

Fordyce v. Fordyce

2013 Ohio 536 · Ohio Court of Appeals · Feb 14, 2013

which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) The standard of living of the parties established … professional degree of the other party; (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

State v. Nichols, 22596 (12-19-2008)

2008 Ohio 6729 · Ohio Court of Appeals · Dec 19, 2008

Plain error does not exist unless but for the error, the outcome of the trial clearly would have been otherwise." State v. Powell , Montgomery App. … The State emphasized her most recent injury, which was established beyond a reasonable doubt. Plain error is not demonstrated. Nichols' second assignment of error is overruled.

State v. Gifford

2022 Ohio 1620 · Ohio Court of Appeals · May 13, 2022

. {¶ 4} Because the offenses were qualifying offenses of the second degree, Gifford was sentenced under the Reagan Tokes Law to indefinite sentences. … The Law establishes a presumptive release date from prison at the end of the minimum term, but the Ohio Department of Rehabilitation and Correction (“ODRC”) may rebut the presumption if it determines, after a hearing,

State v. Smith

2011 Ohio 3051 · Ohio Court of Appeals · Jun 23, 2011

Defendant has not established that he was denied a fair sentencing hearing and assignment of error VI is overruled. … All other convictions were merged as set forth above. {¶ 74} In Johnson, the Ohio Supreme Court established the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant

State Ex Rel. Rogers v. Elbert

180 Ohio App. 3d 284 · Ohio Court of Appeals · Dec 22, 2008

Used oil qualifies as hazardous waste if its content of certain chemicals exceeds specified levels. … The contents of several other drums qualified as hazardous waste because the flash points of the liquid were below 140 *296 degrees.

Spillane v. Spillane

2020 Ohio 5052 · Ohio Court of Appeals · Oct 26, 2020

marriage, the parties' standard of living during the marriage, and "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 … Furthermore, it is well established that a court speaks only through its journal entries and not by oral pronouncement or through decisions. Holbrook v. Holbrook, 12th Dist. Warren No.

Ashtabula Cty. Technical & Career Ctr. v. Thompson

2017 Ohio 618 · Ohio Court of Appeals · Feb 21, 2017

. {¶15} “‘A court’s purpose in interpreting a trust is to effectuate, within the legal parameters established by a court or by statute, the settlor’s intent.’ Domo v. … Rather, the Trust clearly states that the farm property shall be distributed to appellee.

Ohio Veterans Home v. Taylor

121 N.E.3d 768 · Ohio Court of Appeals · Sep 25, 2018

This interpretation of the relevant statutory language was "firmly established" by the Supreme Court of Ohio in Katz v. Dept. of Liquor Control , 166 Ohio St. 229 , 141 N.E.2d 294 (1957). … This was clearly a determination concerning the facts, not a question of law.

Di v. Cleveland Clinic Found.

2016 Ohio 686 · Ohio Court of Appeals · Feb 25, 2016

Esposito was competent and qualified to make the surgical recommendation and perform the surgery. … The record established that Dr. Di was monocular and lacked vision in his left eye for depth perception. The record further established the incredibly delicate and precise nature of Dr.

State v. Ellison

2013 Ohio 4909 · Ohio Court of Appeals · Nov 7, 2013

Nevertheless, given the circumstances of the log, we find that it was proper for the trial court to find that the computer log qualified as a recorded recollection under the hearsay exception. … The testimony presented at trial established that at the time the sexual conduct occurred, C.L. was 14 years old and appellant was 22 years old.

City of Columbus v. Bickel

77 Ohio App. 3d 26 · Ohio Court of Appeals · Sep 3, 1991

“Fourth assignment of error “The trial court erred in revoking appellant's probation for engaging in ‘an offensive course of conduct’ as the phrase fails to clearly state the prohibited conduct. … A court’s journal entry does not qualify as a written statement. The judge must issue a decision which states his findings and reasons for revoking appellant’s probation.