Case law

State v. Crowe

2016 Ohio 1579 · Ohio Court of Appeals · Apr 18, 2016

Crowe now argues that the trial court erred in treating the HGN results as scientific proof of impairment without hearing expert testimony. {¶ 35} However, and as stated above, the Ohio Supreme Court has clearly … held that expert testimony is not necessary so long as the state lays a proper foundation that the administrating officer is qualified to give the test and that the proper testing techniques were used.

Shepard v. Griffin Services, Inc., Unpublished Decision (5-10-2002)

Ohio Court of Appeals · May 10, 2002

Additionally, while Cole clearly was a decision maker, we do not find that this statement was discriminatory on its face. … Griffin argues that even if Shepard could establish the elements of defamation, it had a qualified privilege to make the statements in question.

Weiper v. W.A. Hill & Associates

104 Ohio App. 3d 250 · Ohio Court of Appeals · May 31, 1995

Clearly there is no such evidence of record. Indeed, to the extent that the record manifests the parties’ intent, it is clear that W.A. … protected class, (2) that he or she was discharged, (3) that he or she was qualified for the position, and (4) that he or she was replaced by, or that the discharge permitted the retention of, a person not belonging to the

State v. Addiego

242 N.E.3d 909 · Ohio Court of Appeals · May 13, 2024

Packet Provided on 4-17-22’ and ‘Completed Ochs BCI CS Establishment Packet Provided on 4-17-22’” on April 17, 2022. … documented in the Confidential Source establishment packet.”

Russell v. Gallia County Local School Board

80 Ohio App. 3d 797 · Ohio Court of Appeals · Jul 28, 1992

To the contrary, the evidence supported the conclusion that appellant’s motivation for terminating busing was to cut its expenses in order to qualify for a loan. … To the extent that the court’s finding No. 5 purports to establish bad faith, we have found it to be totally unsupported by the evidence, both direct and circumstantial.

State v. Warren

2026 Ohio 1193 · Ohio Court of Appeals · Apr 2, 2026

Warren asserts that the State relied solely on A.L.’s testimony — which was neither credible nor truthful — to establish he was guilty of rape. … The third element is “‘the key inquiry’” in determining whether a defendant qualifies as a sexually violent predator under R.C. 2971.01(H)(1). Id., quoting id.

Chester Twp. Bd. of Trustees v. Bank One, N.A., 2005-G-2660 (6-29-2007)

2007 Ohio 3365 · Ohio Court of Appeals · Jun 29, 2007

The focus of this matter is the affirmative defense established by R.C. 1304.35 , which provides, in part: {¶ 26} "(A) A bank that sends or makes available to a customer a statement of account showing payment of items for … Quite simply, this matter concerned unauthorized signatures by Spellman, which are clearly governed by the UCC.

State v. Hale

2024 Ohio 5579 · Ohio Court of Appeals · Nov 27, 2024

And, while the Wilson interview does not clearly furnish evidence of the “sexual conduct” necessary to sustain the rape charges, the JACY House interview contained a recording of C.H. stating that Hale performed cunnilingus—one … Id., quoting Williams, 576 U.S. at 106 (Thomas, J., concurring in judgment only). {¶30} Under this rubric, the testifying expert in Smith had clearly offered the non-testifying analyst’s statements for their truth

Union Bank v. Car Mart Auto Group, Inc.

2012 Ohio 5944 · Ohio Court of Appeals · Dec 17, 2012

The trial court also found that the facts and circumstances necessary to establish an instrumentality claim were not present or applicable in this case. … Qualifying that obligation by requiring that the holder demonstrate his ‘good faith’ in seeking payment can have no beneficial result for either the holders or makers of demand instruments.

Shaver v. Standard Oil Co.

68 Ohio App. 3d 783 · Ohio Court of Appeals · Oct 19, 1990

Clearly, from the record before us the trial court could readily find that the prerequisite of numerosity had been met with a class of over forty individuals. Id. … As to adequacy of counsel, nothing in the record of this case indicates that counsel for appellant was not fully qualified to litigate this class action.

Pagels v. Beaman

35 Ohio C.C. Dec. 568 · Ohio Court of Appeals · Nov 29, 1918

An exception is made in this section as to pawnbrokers, showing that in such a business where the qualified title passes to the bailee such provision might be allowable. … It is not necessary therefore to establish all of the elements of a case in equity. Tone v. Columbus, 39 Ohio St. 281 , 301-302 [ 48 Am. Rep. 438 ]; Stephan v. Daniels, 27 Ohio St. 526 , 536; Steese v.

State v. Mounts

227 N.E.3d 357 · Ohio Court of Appeals · Oct 25, 2023

And Casteel’s testimony as to these details did not qualify him as an expert. … To prevail under the plain-error doctrine, [the appellant] must establish that an error occurred, that the error was obvious, and that there is a reasonable probability that the error resulted in prejudice

State v. Houston

92 N.E.3d 176 · Ohio Court of Appeals · Jun 8, 2017

. {¶31} “Simple and direct” evidence means the evidence of each crime is “so clearly separate and distinct as to prevent the jury from considering evidence of [one crime] as corroborative as the other.” … Taylor, 66 Ohio St.3d 295, 300, 612 N.E.2d 316 (1993).  {¶50} To qualify as an “excited utterance” the following four factors must be established: (1) there was an event startling enough to produce a nervous

State v. Bentley

218 N.E.3d 989 · Ohio Court of Appeals · May 30, 2023

R.C. 2901.05(B)(1). {¶24} Here, two opposing versions of events were established by the State and the defense. … “[T]he Double Jeopardy Clause affords the defendant who obtains 10 Case Nos. 2022-L-076 and 2022-L-080 a judgment of acquittal at the trial level absolute immunity from further

Qaqa v. Cintron

2024 Ohio 2970 · Ohio Court of Appeals · Aug 5, 2024

. {¶ 7} Father moved the Warren County domestic relations court to establish a shared parenting schedule while the divorce was pending. … We do not find that Williams establishes that the domestic relations court abused its discretion in arriving at its decision in this case. III.

King v. Ohio Dept. of Job & Family Servs.

2019 Ohio 2989 · Ohio Court of Appeals · Jul 24, 2019

Loc.R. 19.04”), which ODJFS opposed because ODJFS alleged the evidence failed to qualify as newly discovered evidence under R.C. 119.12(K). … of the Ohio Constitution at issue and concluded that the clause provides that “an individual has an inalienable right to seek and obtain happiness and safety without undue state interference, but the Ohio Constitution clearly

State v. Gilbert

2025 Ohio 4623 · Ohio Court of Appeals · Oct 6, 2025

Gilbert has not established a claim of ineffective assistance of counsel. … He argues that most of the detective’s testimony constituted inadmissible hearsay because he was not qualified to testify as an expert.

Reppl v. Jones, Unpublished Decision (5-7-2003)

Ohio Court of Appeals · May 7, 2003

According to Kemper, despite the 1997 legislative amendment to R.C. 3937.18 , to establish a valid offer of UIM coverage, an insurer still must meet the requirements to establish a valid offer of UM/UIM coverage as set forth … As we indicated in the discussion of Reppl's first assignment of error, Cincinnati failed to establish that Reppl did not qualify as an insured under the UIM coverage of the automobile policy.

Eannottie v. Carriage Inn of Steubenville

155 Ohio App. 3d 57 · Ohio Court of Appeals · Sep 29, 2003

Moreover, Eannottie was not required to prove who placed the sponge inside her wound because that clearly would be a question for the trier of fact. … expert if all of the following apply: “(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

Quester v. Quester

2024 Ohio 1456 · Ohio Court of Appeals · Apr 17, 2024

Clearly, if one spouse has substantial earning ability and the other does not, then this disparity will be a factor to be considered along with the other statutory factors when arriving at reasonable spousal … The parties’ separation agreement allowed Wife to present testimony from a vocational expert that would establish Husband’s relative earning ability in addition to any testimony of his actual income.