Case law

State v. Moreland

2024 Ohio 22 · Ohio Court of Appeals · Jan 5, 2024

Moreover, the fact that the agency performed few muzzle-to-target distance determinations did not establish that the process for doing so was unreliable or invalid. … The jury also did not clearly lose its way and create a manifest miscarriage of justice. This was not an exceptional case in which the evidence weighed heavily against conviction.

State v. McKnight

185 N.E.3d 1148 · Ohio Court of Appeals · Mar 1, 2022

"Privilege," as the trial court further instructed, "means an immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing … McKnight's arguments in the context of the full record of this case, we cannot say that the jury clearly lost its way and created a manifest miscarriage of justice.

State v. Magana

115 Ohio App. 106 · Ohio Court of Appeals · Nov 21, 1961

The affidavit in this case, which was filed February 28, 1961, alleged that the offense occurred on the day prior thereto, i. e., February 27, 1961, at a liquor establishment, located on East Livingston Avenue, Columbus, … This court has no right to go outside the record, and therefore must conclude either that the defendant never was arraigned, in which case a reversal clearly would be required, or that, as stated by the trial court, defendant

BND Rentals, Inc. v. Dayton Power & Light Co.

158 N.E.3d 993 · Ohio Court of Appeals · Sep 18, 2020

As a party who furnished equipment used to complete the contract, BND have could potentially qualified to file a lien under R.C. 1311.02. … For the purposes of classification of annexed property as realty or personalty, the Ohio cases, herein cited, have clearly drawn a fundamental

Tulloh v. Goodyear Atomic Corporation

93 Ohio App. 3d 740 · Ohio Court of Appeals · Mar 23, 1994

“To establish an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established. … The record clearly contains evidence which, if the jury believed it, would establish that appellants knew or should have known of both appellee’s ongoing problems and the recommendation of Kelly that appellee not be required

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

Dolan v. Dolan

2011 Ohio 5195 · Ohio Court of Appeals · Sep 29, 2011

It is reversible error for a trial court to include only a partial or incomplete worksheet in the record or to fail to clearly adopt a worksheet. M.A.H. v. … of a professional degree of the other party; {¶37} “(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

In re R.G.

2020 Ohio 381 · Ohio Court of Appeals · Feb 6, 2020

Clear and convincing evidence is that which will produce in the trier of fact “‘a firm belief or conviction as to the facts sought to be established.’” … But the record reflects that this placement was necessary because R.G. needed to be placed with medically qualified foster parents who were able to care for his extensive medical needs.

Shaver v. Wolske & Blue

138 Ohio App. 3d 653 · Ohio Court of Appeals · Jul 13, 2000

To establish a prima facie case of handicap discrimination under R.C. 4112.02, a plaintiff must show (1) that he or she was handicapped, (2) that an adverse employment action was taken by an employer, at least in part, due … This condition clearly qualifies as a mental impairment under R.C. 4112.01(A)(16)(ii), which indicates that a physical or mental impairment includes any mental or psychological disorder.

State Ex Rel. Northeast Property Owners Civic Ass'n, Inc. v. Kennedy

117 Ohio App. 79 · Ohio Court of Appeals · Dec 21, 1961

The relators, therefore, must establish a clear right to the issuance of the writ, which obviously, for the reasons herein stated, they have failed to do. … The evidence clearly shows that this card was sent out by the board and that the meeting was intended to *Page 88 be the regular June 1960 monthly meeting.

State v. Reeder

2020 Ohio 5107 · Ohio Court of Appeals · Oct 30, 2020

State responds that Reeder violated “both the original terms of his bond as set forth at the time of his arraignments and the additional condition prescribed by the court at the plea hearing.” {¶ 23} It is well established … Therefore, because the trial court ordered a PSI to be completed, I believe Reeder’s attendance at the PSI interview qualified as a matter set by the trial court.

Silver v. Jewish Home of Cincinnati

190 Ohio App. 3d 549 · Ohio Court of Appeals · Nov 1, 2010

Further, we find that the reference does not qualify as the type of egregious misconduct or behavior warranting a new trial. … Payne’s foregoing testimony qualifies as an alternative explanation for appellant’s acute renal failure following his fall, or an opinion that Dr.

State, Ex Rel. Basista v. Melcher

118 Ohio App. 37 · Ohio Court of Appeals · Feb 21, 1963

The stipulations contain photographs of the lots and the surrounding territory which clearly disclose that the lots are available for the uses for which they are zoned. … The case law of Ohio is clearly against such right unless authority is provided therefor by ordinance or statutes.

Ferguson v. Univ. Hosp. Health Sys., Inc.

2022 Ohio 3133 · Ohio Court of Appeals · Sep 8, 2022

Here, Ferguson has not established his prima facie case because he has not shown that he is otherwise qualified for the staff-nurse position with, or without, a reasonable accommodation. … Retaliation To establish a prima facie case for Ohio Civil Rights Act retaliation, Ferguson must establish that (1) he engaged in protected activity; (2) his employer knew of his participation in the protected

Burris v. Lerner

139 Ohio App. 3d 664 · Ohio Court of Appeals · Aug 14, 2000

Pryce, which clearly indicated the presence of ischemia: “ * *. * Abnormal exercise thallium scans with fixed basal interior defect, partially redistributing anterolateral and septal defects and redistributing anteri- or, … No. 81AP-68, unreported, 1981 WL 3388 (admitting evidence of habit and routine practice to explain notations made on file by insurance company’s employee); In re Swine Flu Immunization Products Liab.

State v. Hartfield

2022 Ohio 2243 · Ohio Court of Appeals · Jun 29, 2022

on weighing the evidence in their minds, they shall find the greater amount of credible evidence sustains the issue which is to be established before them. … Appellant must establish the following: 2.

V.K. v. K.K.

2022 Ohio 1661 · Ohio Court of Appeals · May 19, 2022

Clearly, [Father] was not receptive to reunification with [Mother] and [A.K.] … Clearly, [Father] understood his obligations under the “Family Compromise.”

State v. Scott

2025 Ohio 419 · Ohio Court of Appeals · Feb 10, 2025

Further, in the security camera footage admitted at trial, Scott can be seen driving his vehicle at a speed that clearly exceeded the pace of the flow of traffic. … However, the challenged testimony was not used for impeachment purposes, and no other testimony establishes whether Scott had been Mirandized or arrested.

State v. Quinones

2024 Ohio 2552 · Ohio Court of Appeals · Jul 3, 2024

of a vehicle * * * approaching a stop sign shall stop at a clearly marked stop line * * * before entering the crosswalk on the near side of the intersection * * * .” … The cruiser camera video and Miniard’s testimony established that Quinones failed to stop until he was inside the crosswalk and past the stop line at a red light.

State v. R.W.

2022 Ohio 2771 · Ohio Court of Appeals · Aug 11, 2022

She was not presented, qualified, or received as an expert. … Based on the authority established by this district’s en banc holding in State v.