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.

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.

State v. Humberto

196 Ohio App. 3d 230 · Ohio Court of Appeals · Jun 23, 2011

Defendant contends that even if Sandford was properly qualified to testify as an expert witness, the trial court abdicated its role as the “gatekeeper” of evidence when it allowed Detective Sandford to testify regarding MS … The testimony supports the court’s rationale that El Gato Negro was an establishment that MS-13 members frequented.

McElrath v. Travel safe.com Vacation Ins., Unpublished Decision (12-31-2003)

2003 Ohio 7206 · Ohio Court of Appeals · Dec 31, 2003

makes clear that the juror qualification form, filled out by appellee, would be used to determine whether he was a qualified candidate for jury service. … The notification further explained that only after appellee had qualified for jury service would he be sent a notification revealing the date and time he was required to appear for jury duty. {¶ 42} Here, we have language

State v. Simpson

2013 Ohio 1696 · Ohio Court of Appeals · Apr 26, 2013

(Id. at 98-100). {¶ 13} Simpson complains that Oakley did not qualify as a “blind administrator” because Gorsuch remained in the back of the room. … This evidence tends to establish that Simpson owned the phone found in his pocket.

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.'

State v. Johnson

2025 Ohio 1009 · Ohio Court of Appeals · Mar 24, 2025

. {¶9} Anthony Tambasco (“Tambasco”), a forensic scientist and the Director of the Mansfield Police Department forensic laboratory, was qualified as an expert witness and testified regarding the analysis he performed … The defendant bears the burden of establishing he or she is entitled to the protection provided by R.C. 2941.25 against multiple punishments for a single criminal act. State v.

State v. Jacinto

155 N.E.3d 1056 · Ohio Court of Appeals · Jul 16, 2020

an expert if all of the following apply: (1) the witness’ testimony relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (2) the witness is qualified … As the Ohio Supreme Court has stated: [C]ourts have permitted lay witnesses to express their opinions in areas in which it would ordinarily be expected that an expert must be qualified under Evid.R. 702

State v. Moore

2012 Ohio 1958 · Ohio Court of Appeals · May 3, 2012

Clearly, a reasonable juror could construe the action of placing a firearm to Minoski’s head as an implicit threat to discharge the firearm if the demands were not met. … Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, the Ohio Supreme Court established the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25

Tower Realty v. Zalenski, 07 Je 24 (6-23-2008)

2008 Ohio 3244 · Ohio Court of Appeals · Jun 23, 2008

The tenants leased the space to establish a restaurant. … Furthermore, the checks do not clearly indicate the lease period that applies to each payment.

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.

Masters v. Ohio Dept. of Medicaid

2022 Ohio 3075 · Ohio Court of Appeals · Sep 2, 2022

Also like the BWC, the Department is statutorily required to pay medical expenses for persons who qualify for assistance. … Clearly, this subsection allows a medical assistance recipient to attempt to rebut the amount to be paid to the Department before paying the amount that is statutorily due.

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

In re J.M.

2010 Ohio 2700 · Ohio Court of Appeals · Jun 14, 2010

committing the offense. ¶{31} “(c) The court was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised Code or as both a juvenile offender registrant and a public registry-qualified … First, the record before this court does not establish whether J.M. was fourteen or thirteen years of age when he committed the offense.

State v. Elzey

2025 Ohio 5322 · Ohio Court of Appeals · Nov 26, 2025

evidence, 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 … Our review of the record establishes otherwise. The record establishes that Elzey’s trial counsel thoroughly questioned the stepfather about each of the felonies at issue.

State v. Smith, 1-07-67 (4-21-2008)

2008 Ohio 1900 · Ohio Court of Appeals · Apr 21, 2008

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 fact-finder "clearly … Specifically, the trial court found that the dog wardens were "qualified to identify the dog as a pit bull according to the testimony I heard and the law as written in the State of Ohio."

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”).

White v. Sheridan

2022 Ohio 2418 · Ohio Court of Appeals · Jul 14, 2022

Sparber, 612 So.2d 1378, 1380 (Fla.1993) (holding that an estate could maintain a legal malpractice action against the decedent's attorney because the estate "stands in the shoes of the testator and clearly satisfies the … As we explained above, the ability to sue turns on privity, which White has established.

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

O'Donnell v. N.E. Ohio Neighborhood Health Servs., Inc.

2020 Ohio 1609 · Ohio Court of Appeals · Apr 23, 2020

To indirectly establish discriminatory intent, the plaintiff must first establish a prima facie case of age discrimination. … In this case, there appears to be no dispute that O’Donnell established a prima facie case of age discrimination — at the time of his termination O’Donnell was 60; he was qualified for the job; and he was replaced by a