Case law

State v. Butler

2023 Ohio 1716 · Ohio Court of Appeals · May 22, 2023

An appellate court may increase, modify, or vacate and remand a judgment only if it clearly and convincingly finds either “(a) the record does not support the sentencing court's findings under division (B) or (D) of section … The appellant’s presentence investigation established that he had a significant criminal history. The sentence imposed by the trial court achieves the aforesaid statutory purposes, as it Muskingum County, Case No.

Schulte v. Steingraber

136 Ohio App. 3d 624 · Ohio Court of Appeals · Feb 18, 2000

In that opinion, the Ohio Attorney General recognized that R.C. 505.06 authorized a township to procure health insurance for qualified personnel. 1990 Ohio Atty.Gen.Ops. No. 90-053. … Although it is not clearly reflected in the record, we infer that both appellees held four-year terms pursuant to R.C. 505.01 beginning in 1994. Consequently, their terms began in 1994.

State v. Wilson

2016 Ohio 5895 · Ohio Court of Appeals · Sep 19, 2016

the issue, which is to be established before them. … That video clearly shows Wilson “touching” Melissa’s buttocks.

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.

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.

State v. Worrell, Unpublished Decision (12-28-2007)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.

Hartford Accident & Indemnity Co. v. Zurich Ins.

37 Ohio App. 2d 132 · Ohio Court of Appeals · Nov 23, 1973

However, the law of Ohio is clearly established that in determining coverage under similar “use” provisions, “a person is not an insured unless it is established 1 hat he is using the vehicle for purposes other than merely … Buckeye Union Casualty Company, 3 we do not think that the Supreme Court intended the Bobier test to be controlling in cases such as the instant one where the issue is whether the alleged tortfeasor’s activities qualified

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

State v. Shepard

2019 Ohio 3995 · Ohio Court of Appeals · Sep 30, 2019

Shepard has not established that the record clearly and convincingly fails to support the trial court’s imposition of a 12-year prison sentence. {¶4} Thus, we affirm the judgment of the Ashtabula County Court … Shepard’s conduct qualified as a less serious offense and it was unlikely that he would commit future crimes; (5) based on an analysis of 27 sentences in Ashtabula County following convictions where the victim died, six

State v. Brown, Unpublished Decision (1-13-2006)

2006 Ohio 129 · Ohio Court of Appeals · Jan 13, 2006

Falk's affidavit does not qualify as foundational testimony. … Namely, the testimony of Foreman, Cantor, and Chilson, in conjunction with the prison's ITMS phone records, clearly showed that Dawson was speaking with appellant during the taped phone conversations.

State Ex Rel Smith v. City of Bay Village, Unpublished Decision (3-6-2000)

Ohio Court of Appeals · Mar 6, 2000

In the case sub judice, the relator has failed to establish that he possesses a legal right to sit as a member of the Bay Village Council. … In addition, a party seeking a writ of quo warranto must establish the right to the public office at issue.

State v. Anglen

2015 Ohio 4070 · Ohio Court of Appeals · Oct 1, 2015

. {¶14} Anglen further argues the trial court failed to clearly articulate its authority to impose restitution following her no contest pleas. … It is well established, however, that “[a] defendant does not have an absolute right to withdraw a guilty plea prior to sentencing.

Kovacic v. City of Eastlake, Unpublished Decision (12-29-2006)

2006 Ohio 7016 · Ohio Court of Appeals · Dec 29, 2006

Dispatcher Holcomb clearly did not do this. … However, the 9-1-1 audio recording clearly shows that Dispatcher Holcomb did inform Kovacic that she was going to send an ambulance.

R.G. v. R.M.

2017 Ohio 8918 · Ohio Court of Appeals · Nov 30, 2017

An inability to sleep or concentrate on work can qualify as a temporary substantial incapacity and can also constitute a condition that would normally require mental health services. See Horsley, 10th Dist. … No. 104393, 2016-Ohio-8307, ¶ 15 (“the testimony of the victims themselves as to their fear is sufficient to establish mental distress”).

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.

State Ex Rel. Davis v. Public Employees Retirement Board

174 Ohio App. 3d 135 · Ohio Court of Appeals · Dec 11, 2007

Beyond the more clearly articulated standards of res judicata and collateral estoppel, there is also the due process protection guaranteed by the Fourteenth *161 Amendment. See PruneYard Shopping Center v. … a preponderance of the evidence the employee establishes he or she qualifies as a public employee as defined in R.C.

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: • “*!.

State v. Hairston

2016 Ohio 8495 · Ohio Court of Appeals · Dec 29, 2016

The court noted that an excited utterance can occur even a day after the startling event and that the foundation can be established through the statements themselves and that no specific time limit applies. (Tr. Vol. … No. 06AP-96, 2006-Ohio-6224, ¶ 22. {¶ 35} While statements to a police officer can qualify as "testimonial" under the line of cases beginning with Crawford, such statements can also be nontestimonial in regard to ongoing

Groswirt v. Glavas, Unpublished Decision (8-9-2000)

Ohio Court of Appeals · Aug 9, 2000

The trial court granted the motion stating that Groswirt had "failed to meet the criteria imposed by Civil Rule 27," that Judge Glavas and Assistant Prosecutor Rosenbaum "are absolutely immune and not amenable to this type … RELIEF, AND WHERE THE LAW CLEARLY STATES "A person who desires to perpetuate testimony of another person regarding any matter in any court of any adverse party", and; [ sic ] b) SIMULTANEOUSLY DISMISSING A CIVIL RULE 65

S.S. v. T.M.

2025 Ohio 1827 · Ohio Court of Appeals · May 22, 2025

His suggestion included waiting until the safety trials on the vaccine concluded, having the child tested to see if he already had COVID-19 and has natural immunity, talk to experts on each side or take … a residence, or is planning to establish a residence, outside this state.