Case law

State v. Beauford

2011 Ohio 5379 · Ohio Court of Appeals · Oct 6, 2011

An alleged error does not constitute plain error unless, but for the error, the outcome of the trial clearly would have been otherwise. State v. … Under these exigent circumstances, the callers are not testifying as witnesses, and their statements do not qualify as testimonial in nature.

Hoiles v. Fidelity & Deposit Co.

18 Ohio App. 332 · Ohio Court of Appeals · Nov 2, 1923

These facts so admitted, if unaffected by other facts, would clearly entitle plaintiffs to a judgment against the defendant surety company, who was regularly served with process in this action, for the amount claimed,. which … United States District Court of Maryland, in the United States of America, an involuntary petition in bankruptcy, and on that day that court appointed certain, receivers of the property and assets of Philip Cohn, who duly qualified

State v. Watson

132 Ohio App. 3d 57 · Ohio Court of Appeals · Dec 28, 1998

You have two well-qualified counsel. “DEFENDANT: Your Honor, how can I accept counsel on those terms? It’s an order interposed between me and my defense, I do not accept it. “THE COURT: Mr. Watson, have a seat. … have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so *64 that the record will establish

In Re Stuck, Unpublished Decision (11-3-2000)

Ohio Court of Appeals · Nov 3, 2000

We find the statements qualified under Evid.R. 803(4). … Appellant must establish the following: 2.

Weiss v. Target Stamped Products, Unpublished Decision (12-30-2004)

2004 Ohio 7226 · Ohio Court of Appeals · Dec 30, 2004

The record is replete with conduct, which, if believed, would clearly establish sexual harassment by supervisors, without regard to the status of the intended victim. {¶ 40} As stated by the Tenth District Court of Appeals … Such actions could certainly qualify as sexual harassment.

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.

In re Adoption of A.M.Z.

2024 Ohio 1240 · Ohio Court of Appeals · Apr 1, 2024

The trial court also contacted the Ohio Public Defender’s Office but was told that no available attorneys were qualified in the area of adoption law. … Montgomery No. 23511, 2009-Ohio-5627, ¶ 21. {¶36} In conclusion, the record contains no indication that the trial court abused its discretion in determining that the petitioners had clearly and convincingly established

State v. Bey

2019 Ohio 1884 · Ohio Court of Appeals · May 16, 2019

He also listed her HIV disease as a contributing factor due to a weakened immune system. … The jury considered that Bey abandoned Lynita, who was lying on a bathroom floor covered in urine and blood, and clearly could not get up on her own.

State v. Dean

170 Ohio App. 3d 292 · Ohio Court of Appeals · Jan 12, 2007

The United States Supreme Court has clearly determined that solicitation is a form of speech entitled to undiluted First Amendment protection. 7 The court has specifically stated that its “ ‘cases long have protected speech … Administrative Hearings shall consider the appeal within a reasonable time period as set forth within its regulations [and] * * * shall direct that the denial or revocation be rescinded if the applicant has met all of the qualifying

USPG Portfolio Six, L.L.C. v. Dick's Sporting Goods, Inc.

209 N.E.3d 263 · Ohio Court of Appeals · Feb 24, 2023

an argument or defense and (2) that the totality of the circumstances establish that the party acted inconsistently with that right.” … Instead, Portfolio referenced a date (the end of January 2019) that was clearly after that point.

George v. Doh, Unpublished Decision (5-10-2005)

2005 Ohio 2292 · Ohio Court of Appeals · May 10, 2005

In 1988, Congress enacted the MCCA to establish a revised methodology for evaluating the amount of assets a couple could have and still be eligible for Medicaid benefits. … ODHS is immune from liability. [3.]

Klesch v. Reid

95 Ohio App. 3d 664 · Ohio Court of Appeals · Aug 25, 1994

A review of the record clearly establishes appellants were in error since appellee’s answer to the counterclaim had been filed approximately a year previously. … much of it as is true and qualify or deny the remainder.” .

State v. Pulaski

154 Ohio App. 3d 301 · Ohio Court of Appeals · Sep 12, 2003

Although the state did have the burden to demonstrate that Pulaski’s blood-alcohol content proximately caused the accident, we see no requirement for this to be established through expert testimony. … weight of the evidence, we must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact “clearly

State v. Burns

2015 Ohio 5336 · Ohio Court of Appeals · Dec 21, 2015

This is significant because, while appellee was not convicted of an offense in California that would be a felony in Ohio, he clearly went through some type of intervention program that would typically require a plea of … However, there is nothing in the record to establish that fact. {¶49} Third, I do not agree that we need to expressly decline to follow the decision in State v. Ogle, 8th Dist.

State v. Garcia

2016 Ohio 4667 · Ohio Court of Appeals · Jun 29, 2016

She repeatedly qualified that, while she noted both the car and the men, she only observed them in passing. Meanwhile, Ms. … Carlisle was qualified to authenticate the cell phone records here.

Lay v. Chamberlain, Unpublished Decision (12-11-2000)

Ohio Court of Appeals · Dec 11, 2000

Since the dogs were seized pursuant to a valid search warrant and a court order, the parties involved in that initial seizure are immune from liability. … Therefore, appellees were immune from appellants' claim of conversion. The third assignment of error is overruled. ______________________ POWELL, P.J.

State v. McCoy

2017 Ohio 4163 · Ohio Court of Appeals · Jun 7, 2017

court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … Taylor, 78 Ohio St.3d 15, 27 (1997) (“It is an established principle of law that ‘[f]light from justice * * * may be indicative of a consciousness of guilt.’”).

Geter v. Geter

194 N.E.3d 825 · Ohio Court of Appeals · Aug 12, 2022

“The General Assembly's failure to clearly enunciate retroactivity ends the analysis, and the relevant statute may be applied only prospectively.” … The act establishes new definitions to clarify the types of orders to which the statute refers.

Holmes v. Lakefront at W. Chester

2022 Ohio 99 · Ohio Court of Appeals · Jan 18, 2022

Any putative error here would also qualify as harmless error. … Holmes also offered no evidence to establish that any retaliation occurred.

O'Neal v. State

2020 Ohio 506 · Ohio Court of Appeals · Feb 13, 2020

methodology and the drugs to be utilized in conducting a court- ordered execution are matters best left to ODRC, as it is the agency charged with conducting court-ordered executions, has experience in doing so, and is thus better qualified … In enacting R.C. 2949.22, the General Assembly clearly defined the punishment to be imposed for certain crimes, i.e., death.