Case law

Kamposek v. Johnson, Unpublished Decision (1-28-2005)

2005 Ohio 344 · Ohio Court of Appeals · Jan 28, 2005

This statement suggests the lack of a "business establishment." Moreover, if the Johnsons had an office in their home, this would probably not qualify as a "business establishment." 8 {¶ 19} Pursuant to Dresher v. … as a "business establishment."

State v. Williams

2019 Ohio 2734 · Ohio Court of Appeals · Jul 3, 2019

“‘Under the plain-error analysis’” a party is required to “‘establish that the outcome of the trial would clearly have been different but for the trial court’s allegedly improper actions.’” State v. … Evid.R. 701 and 704 qualify the officer’s testimony as lay opinion.

State v. Fewerwerker

24 Ohio App. 3d 27 · Ohio Court of Appeals · Apr 25, 1985

Once it is established Mrs. Mowery is competent to testify as to the second, fourth and fifth shots fired by the appellee, it would be ludicrous to fabricate a justification for excluding Mrs. … Fewerwerker’s testimony, since she was the only witness to the murder except for her ten-month-old son who is clearly not qualified to testify.

State v. Bates, 08 Ca 15 (1-22-2009)

2009 Ohio 275 · Ohio Court of Appeals · Jan 22, 2009

THE TRIAL COURT ERRED AS A MATTER OF LAW IN OVERRULING APPELLANT'S MOTION TO SUPPRESS WHERE THE SEARCH WARRANT WAS INVALID BECAUSE THE AFFIDAVIT UPON WHICH THE SEARCH WARRANT WAS BASED DID NOT ESTABLISH PROBABLE CAUSE AND … Johnson (10th Cir. 1972), 461 F.2d 285 *Page 13 "it should be noted that the validity of probable cause should not be qualified by simply counting the number of days between the occurrence of the facts relied upon and the

State v. Sheldon

2019 Ohio 4123 · Ohio Court of Appeals · Oct 7, 2019

“An example of such a case might be when the accomplice is offered immunity in exchange for testimony and thus may never be indicted for the crime.” … For example, an accomplice may be offered immunity in exchange for testimony and never be indicted for the crime.

State v. Jackson

36 Ohio App. 2d 164 · Ohio Court of Appeals · Sep 18, 1973

C. 2945.40 does provide for commitment of a defendant to either the Lima State Hospital, a local hospital for the mentally ill, or disinterested qualified physicians, to investigate and examine into the mental condition of … While defendant did indicate that he would like to subpoena ten people and that he had the names and addresses of them, and the trial court stated “the court has already handled this part of the case,” this does not establish

Ciavarella v. Ciavarella, Unpublished Decision (10-20-1999)

Ohio Court of Appeals · Oct 20, 1999

CIAVARELLA'S PENSION ACCOUNT BY ISSUANCE OF A QUALIFIED DOMESTIC RELATIONS ORDER, OR IN THE ALTERNATIVE, A QUALIFIED COURT ORDER." … The QDRO issued by the trial court in the case at bar was clearly contrary to law.

State ex rel. Smith v. Indus. Comm.

2024 Ohio 1226 · Ohio Court of Appeals · Mar 29, 2024

Once a prerequisite to invoking continuing jurisdiction is established, there is no need for further determination of other criteria. … 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.

Bradley v. Ohio Dept. of Transp.

2014 Ohio 3205 · Ohio Court of Appeals · Jul 22, 2014

Finally, ODOT submitted a record of a comprehensive psychological examination conducted by a licensed psychologist which found that there was "clearly insufficient evidence to diagnose major depressive disorder, single episode … Ellinger at ¶ 75. {¶ 25} Accordingly, we overrule appellant's second assignment of error. 2 We note ODOT's argument in its brief that the reports of the medical examinations submitted in support of summary judgment qualify

Jaylin Investments Inc. v. Village of Moreland Hills

157 Ohio App. 3d 277 · Ohio Court of Appeals · May 27, 2004

Ambler [Realty Co. (1926), 272 U.S. 365 , 47 S.Ct. 114 , 71 L.Ed. 303 ] and hold that a zoning regulation is presumed to be constitutional unless determined by a court to be clearly arbitrary and unreasonable and without … To be sure, such an argument may withstand a constitutional challenge as pertains to a taking of *284 the property, where economic viability is critical in establishing whether a taking has occurred.

Upper Arlington City School Dist. Bd. of Edn. v. Upper Arlington Bldg. Dept.

2021 Ohio 3718 · Ohio Court of Appeals · Oct 19, 2021

The School Board argues that any interest Jane Doe has in the proceeding is not legally protectable, that she lacks standing to "appeal or participate in the administrative appeal, and that she does not qualify as a party … Because "it was the School [Board], not Jane Doe, that sought affirmative legal relief from the decision of the BBA," she argues that she does not have "the obligation to establish standing to appeal" the BBA's decision.

Ellsworth v. Streetsboro City School Dist. Bd. of Edn.

2019 Ohio 4731 · Ohio Court of Appeals · Nov 18, 2019

“An abuse of discretion may be found when the trial court ‘applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.’” Denvir v. Blewitt, 11th Dist. … Furthermore, as one student had asked for and was granted “immunity” from participation in these events, and there were other complaints from students or parents in the past, which tends to show that appellants were on

State v. Crosky, 06ap-816 (12-4-2007)

2007 Ohio 6533 · Ohio Court of Appeals · Dec 4, 2007

We cannot say that but for the admission of this testimony, the outcome of the trial would clearly have been different. Appellant has failed to establish plain error in the admission of Glove's hearsay testimony. … The jury obviously believed J.S., and we cannot say that the jury clearly lost its way when it decided to believe J.S.'s testimony.

Conley v. Faurecia Exhaust Sys., Inc.

2011 Ohio 4452 · Ohio Court of Appeals · Sep 2, 2011

has developed interstitial changes in his lungs consistent with this exposure, and further that he has obstructive airway disease consistent with this exposure, and as a result, he will require medical monitoring by a qualified … The MSDS clearly noted the inhalation warnings and safe handling recommendations.

Caldwell v. Custom Craft Builders, Inc.

2026 Ohio 115 · Ohio Court of Appeals · Jan 15, 2026

Q: How do we make sure people are qualified when licensed contractors let people that aren’t licensed work under their permit? A: The licensed contractor is responsible for the job. … Otherwise, an individual is generally immune for the wrongful acts of a corporate entity. See Belvedere Condominium Unit Owners’ Assn. v. Roark Cos. Inc., 67 Ohio St.3d 274, 287 (1993).

State v. Howard-Ross

2015 Ohio 4810 · Ohio Court of Appeals · Nov 17, 2015

Finally, well-established law provides a trial court judge with great discretion in handling a disruptive defendant. … Even so, the trial court disagreed with counsel’s contention that the incidents qualified as prior bad acts.

Good v. Robinson

85 Ohio App. 91 · Ohio Court of Appeals · Feb 25, 1949

Defendant further, by way of answer, says: After William Fostnaught was appointed and qualified as executor of the last will and testament of Wellington N. … This testimony therefore established two complete defenses to the enforcement of the written agreement, *122 neither of the conditions precedent to its taking effect and becoming operative having been complied with.

State v. Hupp, 1-08-21 (4-27-2009)

2009 Ohio 1912 · Ohio Court of Appeals · Apr 27, 2009

When these jurors appeared, the deputy director of the Allen County Board of Elections testified that all twelve of the potential jurors were qualified to serve. TR. 585. … issue which is to be established before them.

Shaneyfelt v. Byram

2020 Ohio 1406 · Ohio Court of Appeals · Apr 10, 2020

Clearly, this late disclosure of new material clearly violated the Court’s Scheduling Order filed June 26, 2018 which set a deadline of April 12, 2019 for the disclosure of discoverable materials. … (Id. at 231, 247, 391-393.) {¶ 17} The record further establishes that Byram did not pull out immediately in front of Shaneyfelt. We know this for at least two reasons.

Waldron v. Edinger

2022 Ohio 4296 · Ohio Court of Appeals · Dec 1, 2022

In other words, appellant's estimate of the deviation between the two concrete slabs is in conflict with the established physical facts in the case. … Tr. at 31-32.) {¶ 32} Our review of the evidence shows that a portion of the concrete slab is partially obscured by vegetation to the very left edge, but the deviation in height between the concrete slabs are clearly