Case law

West v. American Telephone & Telegraph Co.

54 Ohio App. 369 · Ohio Court of Appeals · Nov 9, 1936

The widow was named as executrix, without bond, qualified as such in the Probate Court of Cuyahoga County paid all the debts of the estate and the costs of administration. … These papers clearly show that Grace C. West had only a life estate in the property and that these appellees had an interest therein as remaindermen.

Bates v. Firestone

20 Ohio App. 51 · Ohio Court of Appeals · May 9, 1923

The plaintiff is the duly elected, qualified and acting trustee in bankruptcy of the property and assets of the Portage Rubber Company, a corpora *52 tion organized and existing under the laws of the state of Ohio,'with its … The plaintiff has cited several cases in support of his claim that the proof in this case ought to have been established by clear and convincing evidence. The cases of Jones v. Pickle, 7 Ohio App., 33 , 27 O. C.

State v. Glover

2014 Ohio 3228 · Ohio Court of Appeals · Jul 24, 2014

It is “a discretion exercised to an end or purpose not justified by, and clearly against, reason and evidence.” State v. … Id. at 1316.  {¶27} For this reason, the Supreme Court qualified Coleman and held that “[i]nadequate assistance of counsel at initial-review collateral proceedings may establish cause for a prisoner’s procedural

State v. McMurray

2025 Ohio 196 · Ohio Court of Appeals · Jan 24, 2025

Substantial compliance, however,  -5- only excuses errors that are “clearly de minimis,” meaning mistakes that are “minor procedural … The trial court agreed with the State, noting “[y]ou can’t say the State of Ohio failed to establish at the exact moment the Defendant was operating a vehicle that his blood alcohol was (inaudible).

Hunley v. Hunley

2020 Ohio 5053 · Ohio Court of Appeals · Oct 26, 2020

degree of the other party; (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 … Clearly, it is improper for counsel to advance arguments in closing that are not supported by the evidence. Premier Therapy, LLC. v. Childs, 7th Dist. Columbiana Nos. 14 CO 008 and 15 CO 0028, 2016-Ohio-7934, ¶ 154.

State v. Neu

2013 Ohio 616 · Ohio Court of Appeals · Feb 8, 2013

The mere fact that, if not for the alleged ineffective assistance of counsel, the defendant would not have entered a guilty plea is not sufficient to establish the necessary connection … No. 12CA942 10 According to Neu’s appellate counsel, the stipulation “clearly provided that no one, even the court could challenge the polygraph examiner

State Ex Rel. Love v. Industrial Commission of Ohio, 08ap-147 (3-24-2009)

2009 Ohio 1326 · Ohio Court of Appeals · Mar 24, 2009

This court explained: * * * Relator has argued in response only that he presented evidence before the commission establishing the chronology of his discharge and his pending TTD claim. … In the memorandum to the SHO, counsel cited Roddy to support relator's position that the "timing" of the discharge is suspect and, thus, pretext must be addressed. {¶ 56} Here, relator also argues that the failure to qualify

Young v. Dept. Rehab. & Corr.

116 N.E.3d 781 · Ohio Court of Appeals · Jun 29, 2018

Id. at ¶ 25. {¶ 42} Thus, in contrast to the majority's conclusion, the concurrence determined "there is no ambiguity in the sentences, even though they are clearly in contravention of the law. … on the apparent disagreement between the panel members in Young in order to reverse the judgment of the Court of Claims in this case, particularly where the unappealed judgment of the trial court on remand conclusively established

State v. Williams

2012 Ohio 5344 · Ohio Court of Appeals · Nov 14, 2012

Appellant claims that the witness should not have been allowed to render an opinion on the cause of the breakage without having been qualified as an expert on the subject. … the issue which is to be established before them.

McCulloch v. Janney Montgomery Scott L.L.C.

2014 Ohio 4002 · Ohio Court of Appeals · Sep 8, 2014

At this point in the proceedings, the award has been confirmed and clearly is a judgment. … Rather, the decision must fly in the face of clearly established legal precedent.

State v. Kyle

2020 Ohio 3281 · Ohio Court of Appeals · Jun 11, 2020

Although Ciula qualified that he could not be certain given the limitations of the video footage, he agreed with the prosecution’s suggestion that Kyle “possibl[y]” entered the black vehicle a second time during the altercation … A reviewing 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 lost its way and created such

State v. Baumgartner, 89190 (2-12-2009)

2009 Ohio 624 · Ohio Court of Appeals · Feb 12, 2009

However, the transcript clearly states, and the State of Ohio concedes, that the trial court found Baumgartner not guilty of Counts 3 and 11 of Case No. … Appellants conviction on all 15 counts must be reversed because the State's proffers were insufficient to establish the offense." "II.

Russell Twp. Bd. of Trustees v. 7722 Fairmount, L.L.C.

258 N.E.3d 1232 · Ohio Court of Appeals · Dec 16, 2024

Restrictions on the use of real property by ordinance, resolution or statute must be strictly construed, and the scope of the restrictions cannot be extended to include limitations not clearly … Marra remains in the home does not qualify as ‘single-family dwelling’ use.” Id. at ¶ 33. That “decision,” however, “was reached by applying the definitions of ‘family’ and ‘dwelling’ in the [Zoning] Resolution.” Id.

Lentz v. Schnippel

71 Ohio App. 3d 206 · Ohio Court of Appeals · Feb 26, 1991

Without reaching a decision on this, we note that a reading of R.C. 4735.21 together with R.C. 4735.16(C) does not clearly reveal that such proof is required. … In that case the defendant appealed from a bench trial judgment on the basis that plaintiff had not established that he was a licensed broker at the time of the transaction.

State v. Allen

2023 Ohio 340 · Ohio Court of Appeals · Feb 6, 2023

In other words, can data that was never generated and that never existed qualify as a “record, document, or thing” within 6 In my analysis, I will also briefly examine the reasons why the data that was generated before … Clearly, if the evidence is destroyed, recovery is impossible.

State ex rel. Anderson v. State Teachers Retirement Sys. Bd.

2021 Ohio 1378 · Ohio Court of Appeals · Apr 20, 2021

Department of Education (e.g., Ohio CORE, CCIP, SAFE, eTEPS, Ohio testing portal, No. 19AP-293 12 Department of Health Immunization … Anderson qualified for one (1.00) year of STRS service credit for the 2013-2014 school year and one (1.00) year of STRS service credit for the 2014-2015 school year; and WHEREAS

State v. Grove

2016 Ohio 2721 · Ohio Court of Appeals · Apr 28, 2016

Fabian reported that “[w]hile he likely qualifies for ADHD by history and borderline intellectual functioning, I cannot say with a reasonable degree of psychological and neuropsychological certainty that he qualifies for … He concedes that this alleged information is not in the record but it “reinforces the lack of voluntariness” of his plea, and therefore, he received ineffective assistance of counsel. {¶25} In order to establish

State v. Thompson

2020 Ohio 723 · Ohio Court of Appeals · Mar 2, 2020

Thus, read in context, the trial court’s comments and finding under division (B)(7) were qualified and given little weight. … Accordingly, based on the foregoing, Thompson’s sentence is not clearly and convincingly contrary to law.

State v. Nash

2025 Ohio 796 · Ohio Court of Appeals · Mar 10, 2025

Simply stated, the evidence in the record clearly supports the discretionary transfer, and did not violate any provisions of the U.S. or Ohio Constitutions. … Strickland 689; Studer, at ¶¶ 58-61. {¶31} Thus, to prevail on an ineffective assistance of counsel argument, Nash must establish two prongs: first, that his trial counsel’s performance fell below an objective

State v. Linkous

2013 Ohio 5853 · Ohio Court of Appeals · Dec 19, 2013

“The state need only establish that it is reasonably certain that substitution, alteration or tampering did not occur. … The prolonged deception over several hours was not incidental to Martin’s murder and clearly constituted a separate and distinct act.”).