Case law

State v. Kirk

2019 Ohio 3887 · Ohio Court of Appeals · Sep 26, 2019

We note that a trial court’s findings of no discriminatory intent will not be reversed on appeal unless clearly erroneous. Hernandez at 583, citing Hernandez v. … At the first two trials, the state of Mississippi used its peremptory strikes on all of the qualified black prospective jurors.

Jones v. Unican Ohio, L.L.C.

187 N.E.3d 1093 · Ohio Court of Appeals · Mar 24, 2022

Plaintiff’s Exhibit 1 clearly states that this — first paragraph: This agreement is entered into on the 1st day of August 2012 between Lynn Jones of Chardon, Ohio, hereinafter referred to as, quote, Jones, and Industrias, … class; (2) was subject to an adverse employment decision; (3) is qualified for the position, and (4) was replaced by a substantially younger person or that a similarly situated nonprotected employee was treated more favorably

State v. Kurdi

203 N.E.3d 796 · Ohio Court of Appeals · Dec 12, 2022

The second prong requires the appellant to establish prejudice. … And only an evidentiary hearing will establish whether those claims are true.” Id.

State v. Hall

2012 Ohio 266 · Ohio Court of Appeals · Jan 26, 2012

. {¶ 11} A trial court has broad discretion in the admission and exclusion of evidence, and an appellate court must not interfere with that determination “[u]nless the trial court has clearly abused its discretion … Under these exigent circumstances, the callers are not testifying as witnesses, and their statements do not qualify as testimonial in nature. {¶ 20} Further, in Michigan v.

State v. Hubbard

2023 Ohio 3468 · Ohio Court of Appeals · Sep 28, 2023

Assignment of Error Four: As amended by the Reagan Tokes Act, the Revised Code’s sentences for first and second degree qualifying felonies violates the constitutions of the United States and the state of … The history between these parties establishes a motive that Price and Hubbard had reason to retaliate against Moore.

Legacy Real Estate Investing, L.L.C. v. Maldonado Constr., L.L.C.

2026 Ohio 953 · Ohio Court of Appeals · Mar 20, 2026

{¶ 26} R.C. 2311.14(A)(1) provides that “[w]henever because of a hearing, speech, or other impairment a party to or witness in a legal proceeding cannot readily understand or communicate, the court shall appoint a qualified … Maldonado’s written text message reflected an ability to communicate clearly in writing about the construction project.

State v. Hammond, 07ca10 (1-5-2009)

2009 Ohio 71 · Ohio Court of Appeals · Jan 5, 2009

Wyman clearly testified that some of his duties were to offer his opinions to the pathologist and "to help the pathologist to determine cause of death." … Wyman's testimony outside the scope of his expertise and the introduction of unfairly prejudicial evidence. {¶ 30} "In Ohio, a properly licensed attorney is presumed competent and the appellant bears the burden to establish

Karabogias v. Zoltanski

2023 Ohio 227 · Ohio Court of Appeals · Jan 26, 2023

The trial court subsequently issued a Qualified Domestic Relations Order (“QDRO”) regarding the pension. … It is well established that “‘[a]n issue raised during oral argument for the first time and not assigned as error in an appellate brief is waived.’” D.H. v. J.C., 8th Dist.

Chattree v. Chattree

2014 Ohio 489 · Ohio Court of Appeals · Feb 13, 2014

However, R.C. 3105.171(C) clearly provides that where an equal division would be inequitable, a trial court may not divide the marital property equally but instead must divide it in the manner that the court determines … Once non-payment has been established, the burden shifts to the alleged contemnor to establish any defense he may have for non-payment, including his inability to pay. Id. See also Pugh v.

Curley v. Wilcox

225 N.E.3d 1241 · Ohio Court of Appeals · Sep 29, 2023

Id., p. 14. {¶ 19} “The right to examine prospective jurors on their voir dire is granted to litigants in order to enable them to select a jury composed of men and women qualified and competent to judge and determine … The Supreme Court rejected this argument, holding that: if a proposed juror otherwise qualified expresses himself as being able to render a fair and impartial verdict on the evidence and under instructions

Allen Twp. Bd. of Trustees v. Chasteen

97 Ohio App. 3d 250 · Ohio Court of Appeals · Sep 23, 1994

His testimony established that he owns and operates A-l Septic Tank Cleaning Service, and that he also owns and farms a tract of land in Allen Township. … In Ohio, the determination of whether an activity qualifies as use of land for an agricultural purpose is a finding of fact. State v.

State v. Garrett

2019 Ohio 750 · Ohio Court of Appeals · Mar 4, 2019

The established facts in the record do not support such an inference. … In other words, an inference must logically follow from facts established in the record. 3.

Farmers State Bank & Trust Co. v. Mikesell

51 Ohio App. 3d 69 · Ohio Court of Appeals · Jun 10, 1988

“The immunization purpose is assisted and emphasized by the definition in R.C. 1775.25, of an individual partner’s interest. … We do not believe that these acts, standing alone, establish ill will or a conscious disregard of Farmers State’s rights.

Duffy v. Bonnell

28 Ohio Law. Abs. 88 · Ohio Court of Appeals · Oct 21, 1938

That is, in and of itself, if it is the proximate and direct cause of injury if it has been established by the greater weight of the *90 evidence. … In my opinion a proper charge on this question should be double barreled and and (1) be first qualified to the effect that it the jury found the defendant’s conduct unlawful in any other respect under proper charges heretofore

In re K.K.

2023 Ohio 400 · Ohio Court of Appeals · Feb 13, 2023

Id. {¶50} Father cannot establish any error, plain or otherwise, when the juvenile court did not sua sponte grant a six-month continuance of the permanent custody proceedings. … However, the testimony shows that Mother and Father did not qualify for that program due to their inability to clean and maintain a safe home.

Shamrock Restoration, L.L.C. v. Muncy

2024 Ohio 1002 · Ohio Court of Appeals · Mar 18, 2024

Middletown, 133 Ohio St.3d 55, 2012-Ohio-3897, the trial court found that the contract was "clearly between Shamrock Restoration, LLC. and [appellant]. … Appellant briefly noted his lack of equal access to courts as a pro se litigant in his February 2023 Filing of Newly Acquired Evidence (Estimate for Demolition of Defective Workmanship and Cost of Repair by Qualified Contractor

End the Noise Inc. v. Kirtland Country Club Co.

179 N.E.3d 192 · Ohio Court of Appeals · Sep 30, 2021

Taylor concluded the following: “My inspection of the range and review of the above materials, along with my background, training and experience, clearly establish in my opinion that the Kirtland Country Club fully complied … discretion is not the same as an affirmative holding that a trial court was required to make the determination that it did. {¶56} We find no abuse of discretion in the lower court’s determination that Taylor was qualified

Wallace v. Mantych Metalworking

189 Ohio App. 3d 25 · Ohio Court of Appeals · Aug 13, 2010

Examiners (C.A.6, 2000), 225 F.3d 620, 627, fn. 12 . {¶ 20} Having reviewed the relevant law, we turn now to the evidence. {¶ 21} First, we have little difficulty finding that the evidence establishes a qualifying physical … We agree that such a public policy clearly exists and is manifest in HIPAA, among other places. {¶ 42} The Ohio Supreme Court has expressly recognized this public policy.

Large v. Heartland-Lansing of Bridgeport Ohio, L.L.C.

2013 Ohio 2877 · Ohio Court of Appeals · Jun 24, 2013

The statute clearly provides that such information is “available only from the original sources and cannot be obtained from the peer review committee's proceedings or records.” … More importantly, the affidavit offered by Appellant also clearly indicates that the material was not generated by or at the request of the committee.

State ex rel. Morrison v. Beck Energy Corp.

2013 Ohio 356 · Ohio Court of Appeals · Feb 6, 2013

But our role is not to make policy decisions and re-write either state law and regulations or local zoning ordinances; we are compelled to follow the established law in our application of the constitutional home-rule analysis … If the statute qualifies as a “general law,” it trumps the local ordinance, if the local ordinance conflicts with the state statute.