Case law

State v. Tillman, Unpublished Decision (11-22-2004)

2004 Ohio 6240 · Ohio Court of Appeals · Nov 22, 2004

Appellant argues that "allowing the `expert' testimony of the State's unlicensed psychological assistant caused unfair prejudice, confused the issues, and clearly mislead the jury regarding the weight that should be assigned … It is further well-established that "any communication between judge and jury that takes place outside the presence of the defendant * * * is error which may warrant the ordering of a new trial." Bostic v.

Washek v. Washek

2019 Ohio 1504 · Ohio Court of Appeals · Apr 18, 2019

Clearly, Civ.R. 53(D)(3)(b)(iv) provides that except for a claim of plain error, a party shall not assign as error on appeal the trial court's adoption of any factual finding or legal conclusion “unless the party has objected … 12 (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

State ex rel. Byard v. Park

2020 Ohio 3062 · Ohio Court of Appeals · May 21, 2020

. {¶17} In reaching this conclusion, the Goldberg court first noted the Rules of Civil Procedure do not apply “ ‘to the extent they would be clearly inapplicable.’ Civ.R.1(C)(7).” Id. at ¶ 12. … This statutory confidentiality is qualified and can be modified with the consent of the court.” Id. at ¶ 13.

State v. Farndon

22 Ohio App. 3d 31 · Ohio Court of Appeals · Nov 5, 1984

‘[W]e conclude that it is wiser to abandon the “two-pronged test” established by our decisions in Aguilar and Spinelli. … He gave his opinion as to their guilt; however, he then qualified it by stating that it was a jury’s decision and he was not trying the case.

Hicks v. State Farm Mut. Auto. Ins. Co.

95 N.E.3d 852 · Ohio Court of Appeals · Aug 4, 2017

Crackle qualifies as an insured party under the Policy" and that State Farm was entitled to judgment as a matter of law. Doc. # 19, p. 7. {¶ 12} Hicks appeals from the trial court's judgment. II. … Id. at *2. {¶ 58} Bish did not involve a second permittee situation; instead, the owner clearly gave the driver permission to move the car.

In re S.F.

2026 Ohio 1502 · Ohio Court of Appeals · Apr 27, 2026

s placement in a qualified residential treatment program. The juvenile court also appointed S.F. with a special advocate and, later, her own attorney. … We must then determine whether, in resolving conflicts in the evidence, if any, the juvenile court clearly lost its way and created a manifest miscarriage of justice warranting reversal of the judgment granting permanent

State v. French

2024 Ohio 1256 · Ohio Court of Appeals · Apr 3, 2024

Though not qualified as an expert witness, she testified that, based on her experience, she believed the shell casing came from a handgun. {¶11} Detective Charles Zopfi was an additional witness for the state at … To disprove self-defense, the state must establish “beyond a reasonable doubt that the defendant: (1) was at fault in creating the situation giving rise to the affray; (2) did not have reasonable grounds to believe or an

State v. Schmoll

163 Ohio App. 3d 677 · Ohio Court of Appeals · Oct 7, 2005

The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: {¶ 11} “(a) That the record does not support the sentencing court’s findings under division … You thought this process through, and as far as I’m concerned it qualifies as an organized crime; I so find.” {¶ 39} In its judgment entry of January 24, 2005, the trial court listed these factors plus the fact that appellant

Pengelly v. Thomas

79 Ohio App. 53 · Ohio Court of Appeals · Mar 8, 1946

Goddard, the defendant- herein, as executrix, who qualified and performed her duties as such. She elected to take under the will as the widow of Arthur J. … Justice Field, who. delivered the opinion of the Court at p. 93 says: “It is well established that a settlement of an administrator’s account, by the decree of a Probate Court, does not conclude as to property accidentally

MCM Home Builders, L.L.C. v. Sheehan

2019 Ohio 3899 · Ohio Court of Appeals · Sep 25, 2019

The question of what may lay a foundation for the admissibility of business records as a custodian or other qualified witness must be answered broadly. Carrington Mtge. Services, LLC v. Shepherd, 5th Dist. … MCM responded that pursuant to the case law regarding a cost-plus contract, MCM must establish it was invoiced and paid those amounts, but it was not its burden to establish the contents of the invoices.

Perkins v. Ohio Department of Transportation

65 Ohio App. 3d 487 · Ohio Court of Appeals · Dec 5, 1989

However, the minimum distance required for a warning sign requiring deceleration is clearly mandatory in nature. … As we approach the junction of 105 in this incident the junction sign is clearly shown to be first in view to the motorist and then the stop ahead second.

State v. Dixon

2013 Ohio 4149 · Ohio Court of Appeals · Sep 23, 2013

In order to find plain error under Crim.R. 52(B), it must be determined, but for the error, the outcome of the trial clearly would have been otherwise. Long, supra, paragraph two of the syllabus. … testimony and were well within the parameters of laypersons’ knowledge of basic fire safety and the common use and handling of automotive gasoline and household lighter fluid products; as such, we find appellant has not established

Huebner v. Miles

92 Ohio App. 3d 493 · Ohio Court of Appeals · Dec 13, 1993

The Court so declares * * The boundary line of West Jefferson was established in 1882 when the annexation was found to be valid. … Thompson was qualified as an expert by virtue of his many years of experience as a surveyor.

State v. Gaines

171 N.E.3d 883 · Ohio Court of Appeals · Apr 23, 2021

Appellant stated that he qualified to have his conviction record sealed under R.C. 2953.32, the matter was his only felony conviction, and that he had led a law- abiding life since the incident. … Id. at ¶ 11. {¶ 23} Reversing the trial court and ordering that the record be sealed, the appellate court noted that the defendant established her rehabilitation.

State v. Boyd

198 N.E.3d 514 · Ohio Court of Appeals · Sep 30, 2022

Rape can be established when the two participants start the encounter on a consensual basis, “but the consent is revoked by words, actions or conduct that clearly communicates non-consent, the defendant … tactics do not establish ineffective assistance of counsel.”

Houston v. State

2012 Ohio 4404 · Ohio Court of Appeals · Sep 27, 2012

The State contend[ed] that Dunbar’s initial guilty plea to the abduction charge precludes him from qualifying as a ‘wrongfully imprisoned individual.’” Id. at ¶ 8. … Thus, when the trial court decided to deviate from the plea agreement, it should have clearly advised Dunbar of its intention, and allowed him to reconsider his plea. Dunbar I, at ¶ 140.

Climaco, Seminatore, Delligatti & Hollenbaugh v. Carter

100 Ohio App. 3d 313 · Ohio Court of Appeals · Jan 19, 1995

It begins with a balance, preferably at zero, or with a sum recited that can qualify as an account stated, but at least the balance should be a provable sum. … After the fiduciary relationship is established, the attorney has the burden of establishing the reasonableness and fairness of fees. Id.

Hunter v. Rhino Shield

237 N.E.3d 254 · Ohio Court of Appeals · Jan 25, 2024

upon the record of evidence heard by the trial court, or otherwise offered to support or rebut the adjudicative facts determined by the trial court.”4 {¶ 40} Publicly available decisions of another court in no way qualify … Ayer, 108 Ohio App.3d 47, 57 (1st Dist.1995) (awarding sanctions under App.R. 23 against appellant for an appeal that was “clearly a ‘rehashing’ of issues already argued” in two previous appeals).

Ohio Dominican College v. Krone

54 Ohio App. 3d 29 · Ohio Court of Appeals · Jan 11, 1990

In 1982, O.D.C. received a Federal Title III Challenge Grant to provide funding for establishing a computer science degree program at O.D.C. … Clearly, O.D.C. was not experiencing an extraordinary financial emergency which would serve as a basis for terminating appellant's employment.

State v. Hudson, Unpublished Decision (5-17-1999)

Ohio Court of Appeals · May 17, 1999

Regarding appellant's argument, Boben was unqualified to discuss the test, we find an expert may be qualified to discuss the results of a test even if the witness is not qualified to perform the test. … Boben was clearly qualified to testify regarding arson in general and about his investigation in this case, including the results of the test. Finally, appellant argues Boben's testimony violated Evid.