Case law

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  • In re B.D.

    2026 Ohio 306 · Ohio Court of Appeals · Feb 2, 2026

    Father points to statements that the children made to the caseworker and mental health professionals about Father’s physical and sexual abuse of them. {¶30} Most of the children’s statements qualified as hearsay … As emphasized already, Father’s abuse of the children was conclusively established by the trial court’s abuse adjudication.

    Cited 1 timesPublished
  • State v. Combs

    2020 Ohio 4084 · Ohio Court of Appeals · Aug 14, 2020

    . {¶ 21} Miceli testified that a one-time encounter can qualify as sexual abuse. … , the appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact “ ‘clearly

    Cited 2 timesPublished
  • State v. Hale, 2007-P-0015 (11-21-2007)

    2007 Ohio 6244 · Ohio Court of Appeals · Nov 21, 2007

    Since a .22 caliber revolver is a weapon "capable of firing a projectile by the action of an explosive propellant," regardless of whether or not it is loaded, it "qualifies as a deadly weapon as a matter of law." … Specifically, Hale argues that the jury's verdict was against the manifest weight of the evidence, *Page 6 since the evidence, as a whole, clearly established that he acted in self-defense.

    Cited 5 timesPublished
  • Toledo v. Ohio

    2016 Ohio 4906 · Ohio Court of Appeals · Jul 8, 2016

    appeals of the state, the judges shall certify the record of the case to the supreme court for review and final determination.” {¶ 40} In order to qualify for certification to the Supreme Court of Ohio pursuant … proceedings, (3) establish and operate a police department, and (4) enter into contracts.

    Cited 4 timesPublished
  • Motorists Mut. Ins. Co. v. King

    2014 Ohio 2519 · Ohio Court of Appeals · Jun 9, 2014

    We look to the plain and ordinary meaning of language used in the policy unless another meaning is clearly apparent from the contents of the policy. … BVA vehicle while he was working in the scope and course of his employment for American Tire, a business engaged in the servicing and repairing of automobiles. {¶18} As Motorists met their evidentiary burden to establish

    Cited 0 timesPublished
  • Erman v. Erman

    101 Ohio App. 245 · Ohio Court of Appeals · Jul 23, 1956

    R. headnotes: “A provision of a deed or will modifying or qualifying an apparent fee title given by it, by a limitation over, so as to reduce the title to a life estate, with power to encroach upon the corpus of the property … E., 1051 : “Those cases establish the rule that conflicting provisions of a will should be reconciled so as to conform to the manifest general intent, and it is only in cases where such provisions are wholly and absolutely

    Cited 3 timesPublished
  • Filkens v. Schwartz, 1-07-73 (3-24-2008)

    2008 Ohio 1340 · Ohio Court of Appeals · Mar 24, 2008

    that the probate court erred in determining that the monies given to Appellants were loans, not gift or advancements on Appellants' inheritance. {¶ 13} First, if these monies are determined to be loans, the money could qualify … An additional problem exists with the dating of these documents because often the entries showing when money was loaned or repaid are not specifically dated. {¶ 23} Moreover, these writings do not clearly explain when money

    Cited 0 timesPublished
  • Lozada v. Lozada

    2014 Ohio 5700 · Ohio Court of Appeals · Dec 29, 2014

    . {¶60} We acknowledge that, generally, merely submitting an attorney’s itemized bill is insufficient to establish the reasonableness of the amount of work billed. … The General Assembly created several sections which entitle victims to a domestic violence advocate, as well as creating a qualified immunity against reprisal by a perpetrator, a court, or any other system partner.

    Cited 13 timesPublished
  • 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.

    Cited 0 timesPublished
  • Olentangy Commons Owner, L.L.C. v. Fawley

    228 N.E.3d 621 · Ohio Court of Appeals · Nov 7, 2023

    of the exception, an appellant must establish more than a theoretical possibility that the same action will arise again. … The statute only applies if a tenant’s unit qualifies as a “covered dwelling.” Id.

    Cited 15 timesPublished
  • State v. Norris

    2025 Ohio 1976 · Ohio Court of Appeals · May 29, 2025

    No. 24CA1 18 abrasion from a scuffle does not establish that she was not at fault for creating the situation. … (“statements made by a defendant in a jail call may qualify as an admission of a party opponent under Evid.R. 801(D)(2)(a)”).

    Cited 2 timesPublished
  • Moore v. Grismer Tire Co.

    2012 Ohio 1775 · Ohio Court of Appeals · Apr 20, 2012

    After being qualified as an expert witness for the defense, Banks testified about the procedure he uses when he performs oil changes. … The Magistrate appears to have determined that the Plaintiff failed to establish that the doctrine of res ipsa loquitur applied in this case.

    Cited 1 timesPublished
  • State v. Yavorcik

    113 N.E.3d 100 · Ohio Court of Appeals · May 10, 2018

    Also, Over a century of well-established jurisprudence clearly mandates that a motion for judgment of acquittal must be granted when the evidence is insufficient for reasonable minds to find that venue … The witnesses referenced in the amended indictment, though not indicted in the instant case, testified with transactional immunity and an agreement to cooperate with the prosecution.

    Cited 11 timesPublished
  • State, Ex Rel. Dean v. Huddle

    45 Ohio App. 2d 163 · Ohio Court of Appeals · Jun 12, 1975

    Those affected by the bumping shall have bumping rights against lesser seniority employees in á lower-rated' class within the same job family for which he is qualified,, at his option. “3. … The Rules of Civil Procedure apply in a mandamus action, except where clearly inapplicable. Civ. R. 1(C). In addition, R. C. 2731.09 provides, in part, as follows: • “*!.

    Reversed in part by State ex rel. Dean v. Huddle, 45 Ohio St. 2d 234 (1976)Cited 2 timesPublished
  • State v. Dillon

    2016 Ohio 1561 · Ohio Court of Appeals · Apr 15, 2016

    Burks’ 2009 letter to establish that Dillon acted with prior calculation and design when he killed her. … -21- An error qualifies as “plain error” only if it is obvious and but for the error, the outcome of the proceeding clearly

    Cited 13 timesPublished
  • Turner v. the Cleveland Clinic Found., Unpublished Decision (9-12-2002)

    Ohio Court of Appeals · Sep 12, 2002

    Accordingly, appellants failed to establish that Dr. Chyatte was qualified to render expert testimony. {¶ 44} Moreover, Dr. Chyatte failed to render any opinion regarding Mr. … Such testimony clearly does not satisfy the requirement that an expert must state his or her opinion in terms of probability. Indeed, it is not clear from the transcript whether Dr.

    Cited 0 timesUnpublished
  • Stanley v. Stanley, 23427 (6-6-2007)

    2007 Ohio 2740 · Ohio Court of Appeals · Jun 6, 2007

    Mother's disregard of the shared parenting plan and unilateral change to the visitation schedule clearly shows she is not willing to honor or facilitate Father's rights or companionship. "7. … s immunization records and the names of T.S.'s new physicians in Avon *Page 11 Lake. Appellant refused to provide him with T.S.'

    Cited 3 timesPublished
  • Coppess v. Clark Cty. Bd. of Zoning Appeals

    2019 Ohio 4179 · Ohio Court of Appeals · Oct 11, 2019

    The proposed structure qualified as an “accessory building,” and it violated each of the foregoing limitations. … Clearly, Mr. Coppess is of a different opinion than the board and urges this court to adopt his view. However, do so would require the court to reweigh the evidence and substitute Mr.

    Cited 0 timesPublished
  • State v. Newberry

    2023 Ohio 3623 · Ohio Court of Appeals · Oct 5, 2023

    Hartman then notified his supervisors and began to “establish the crime scene.” 2. … Taken together, their testimony established the following facts and conclusions relevant to this investigation.

    Cited 3 timesPublished
  • State v. Worrell, Unpublished Decision (12-28-2007)

    2007 Ohio 7058 · Ohio Court of Appeals · Dec 28, 2007

    This statute prohibits persons who are not legally qualified from voting in Ohio elections. … To establish the constitutional predicate for a claim of ineffective assistance of counsel, a defendant must show that his counsel actively represented conflicting interests. Id.

    Cited 9 timesUnpublished

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