Case law

State v. S.R.S.

2024 Ohio 2195 · Ohio Court of Appeals · Jun 7, 2024

Had appellant pled guilty to the offense as indicted, it would have qualified as an offense of violence. … Unlike the defendant in Cargill, S.R.S. pled guilty to the charge as specified in the indictment, and nothing was deleted due to the plea agreement. {¶ 63} The law is well-established that “ ‘[a] guilty plea admits

State v. Huffman

2024 Ohio 1723 · Ohio Court of Appeals · May 6, 2024

.” {¶13} From the foregoing, the State provided evidence establishing Mr. Huffman’s presence within 500 feet of C.P. … Killing others and burning down a residence qualify as “serious physical harm to persons” and “serious physical harm to property” under R.C. 2901.01(A)(5)(b) and (A)(6)(a) and (b). C.P. expressed fear of Mr.

JP Morgan Chase Bank v. Wells Fargo Financial Leasing, Inc.

180 Ohio App. 3d 1 · Ohio Court of Appeals · Dec 8, 2008

All three elements must be established, and the test is not fulfilled if any one of these *6 requirements is not met. ABN AMRO Mtge. Group, Inc. v. … Although Civ.R. 60(B) provides that a motion made pursuant to Civ.R. 60(B)(5) shall be made within a reasonable time, it does not specify what qualifies as a reasonable time. See Zwahlen v. Brown, 1st Dist. No.

Payton v. Receivables Outsourcing, Inc.

163 Ohio App. 3d 722 · Ohio Court of Appeals · Sep 22, 2005

Clearly, this allegation that her work environment had been affected meets the third prong. {¶ 16} The employer argues that the employee complained of only one incident before she walked off the job. … The court held that this one instance was sufficiently egregious to establish an issue of fact.

State ex rel. Shriver v. Ellis

49 Ohio Law. Abs. 161 · Ohio Court of Appeals · Dec 14, 1946

Relators were discharged' by respondent, the duly appointed, qualified and acting Director of Public Service and an executive officer of the city of Martins Ferry, Ohio, a municipal corporation duly organized and existing … Sec. 9 GC, provides that ‘a deputy, when duly qualified, may perform all and singular the duties of his principal.’

Hall v. Banc One Management Corp., Unpublished Decision (2-28-2006)

2006 Ohio 913 · Ohio Court of Appeals · Feb 28, 2006

It is undisputed that Hall was a member of the protected class and was discharged from a position for which she was qualified. … For example, while recognizing the insufficiency of evidence that the employer retained younger persons in other jobs that the plaintiff was qualified to perform, the Sixth Circuit stated that a plaintiff can establish the

Gallogly v. Watson

2013 Ohio 3778 · Ohio Court of Appeals · Sep 3, 2013

The trial court thus cited recognized standards of the Ohio Supreme Court in Cowling and Ferguson to impose a constructive trust, standards which clearly contain the concept of unjust enrichment. {¶29} Following … This computation establishes that the trial court did, in fact, consider the mortgages and Priscilla’s obligation to pay her share.

Smith v. Wyandot Mem'l Hosp.

114 N.E.3d 1224 · Ohio Court of Appeals · Jun 25, 2018

The Supreme Court of Ohio stated that Ohio’s medical-claim statute of repose clearly and unambiguously bars “any action” bringing a medical claim commenced more than four years after the occurrence of the act or omission … Concepcion are “practicing as medical doctors and held themselves out to the public * * * as competent and qualified to provide safe and adequate medical care and treatment.” (Id.).

State v. Nicholson, Unpublished Decision (3-30-2006)

2006 Ohio 1569 · Ohio Court of Appeals · Mar 30, 2006

THE FAILURE OF THE COURT TO REQUIRE THE STATE TO QUALIFY DETECTIVE FREEHOFFER AS AN EXPERT AND TO ESTABLISH APPELLANT'S POSSESSION OF A WEAPON BEYOND A REASONABLE DOUBT ON A CHARGE OF AGGRAVATED ROBBERY WITH A THREE YEAR … Under Evid.R. 702, we conclude that Detective Freehoffer was properly qualified as an expert when he testified about the gun defendant used during the robbery. {¶ 44} Even if the detective failed to qualify as a expert, however

Keister v. Park Centre Lanes

3 Ohio App. 3d 19 · Ohio Court of Appeals · Dec 9, 1981

Does the defendant have the burden of negativing breach or the plaintiff the burden of establishing breach? … of the complaint, but says he wins anyway because of some meritorious defense, such as immunity, contributory negligence or assumption of risk.

State v. Smith

102 N.E.3d 1111 · Ohio Court of Appeals · Dec 28, 2017

TRIAL COURT ERRED WHEN IT ALLOWED THE CITY TO PRESENT EVIDENCE IN ITS CASE IN CHIEF, OVER OBJECTION, THAT THE DEFENDANT HAD SPENT TIME IN PRISON AS EVIDENCE OF THE DEFENDANT'S CHARACTER AND PROPENSITY TO COMMIT CRIME AND TO ESTABLISH … After "reviewing the entire record," the appellate court " 'weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly

Odjfs v. Pete F., Unpublished Decision (11-10-2005)

2005 Ohio 6006 · Ohio Court of Appeals · Nov 10, 2005

This statutory confidentiality is qualified and can be modified with the consent of the court. … In support, appellant argues that Carol F. was not qualified to tender the disputed testimony.

State v. Industrial Commission of Ohio, Unpublished Decision (8-31-2006)

2006 Ohio 4628 · Ohio Court of Appeals · Aug 31, 2006

The Hearing Officer finds that the drug test provided for by the employer was not a qualifying drug test as that term is used under ORC 4123.54 (C). … Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus.

Fisher v. Archdiocese of Cincinnati

2014 Ohio 944 · Ohio Court of Appeals · Mar 14, 2014

The Ministerial Exception {¶17} The Free Exercise and Establishment Clauses provide that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” … As set forth earlier in paragraphs 3 through 7, and 30 through 34, the manner in which the Archdiocese chooses to carry out its funeral rites clearly falls within the realm of ecclesiastical decision-making.

State v. Emerick

2011 Ohio 5543 · Ohio Court of Appeals · Oct 28, 2011

Under this scenario, DNA analysis of the requested evidentiary items would clearly be outcome determinative with respect to the question of Emerick’s guilt. … Thus, the 2006 changes establish “a lower standard for determining whether a reasonable fact-finder would have found guilt.” Ayers at ¶34.

Gillespie v. Waterwheel Farms, Inc.

110 N.E.3d 1012 · Ohio Court of Appeals · Apr 20, 2018

Defendant’s building was clearly delineated and moreover, it was secured when Plaintiff began searching for a door to gain access. His first attempt to access the building found a “locked door.” … Under R.C. 2911.21(A)(1), a criminal trespass occurs when a person, without privilege, knowingly enters or remains on the land or premises of another.2 Under R.C. 2901.01(A)(12), “privilege” is defined as “an immunity,

State v. Davis

2021 Ohio 237 · Ohio Court of Appeals · Jan 29, 2021

Reardon were qualified to testify as experts for the defense, and Dr. … The jury heard extensive testimony from defense and prosecution witnesses qualified to give opinions as to mental illness, psychosis, and its effect on one’s ability to appreciate right from wrong, and the pharmacological

State v. Watson

2023 Ohio 3137 · Ohio Court of Appeals · Sep 6, 2023

Strickland, 466 U.S. at 689, 104 S.Ct. 2052, 80 L.Ed.2d 674. {¶36} Nothing in the record establishes that the coroner is qualified to testify that violent behavior increases during periods of drug use. … The Ohio Supreme Court recognized that the right to present a witness to establish a defense is a fundamental element of due process of law. Lakewood v.

Robinson v. Whitman

47 Ohio App. 2d 43 · Ohio Court of Appeals · Jan 28, 1975

, duties, privileges, benefits or legal relationships of a specified person. ’ ’ If the complaining citizen in this case is indeed “a specified person,” and a member of that select group of persons entitled to notice by qualifying … The findings clearly indicate the technical and economic problems facing the offending Anheuser-Busch plant and leave no doubt as to the almost impossible technical task which confronts any complainant who would attempt to

Scott v. Marckel, 4-07-27 (6-9-2008)

2008 Ohio 2743 · Ohio Court of Appeals · Jun 9, 2008

In their motion, the Marckels pointed to the uncontroverted sworn statements of the eye-witness to the accident, Shook, who clearly stated that at least one child, if not more, grabbed and spun around and around on the pillar … all of the following apply: *Page 13 (A) The witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified