Case law

Chapa v. Genpak, L.L.C.

2014 Ohio 897 · Ohio Court of Appeals · Mar 11, 2014

has averred he is the sole decision maker for hiring the production supervisors and knew that appellant was interested in the production supervisor openings that became available but determined appellant was not the most qualified … No. 12AP-466 33 {¶ 107} The first element, an employment relationship, has clearly been established.

Savoy v. Univ. of Akron

2014 Ohio 3043 · Ohio Court of Appeals · Jul 10, 2014

. {¶ 11} It is well-established that the Court of Claims lacks subject-matter jurisdiction over constitutional claims. Guillory v. Ohio Dept. of Rehab. & Corr., 10th Dist. … Paino, 8th 4 The complaint clearly sets forth facts that support three claims: false arrest, defamation, and breach of contract.

State v. Smith

99 N.E.3d 1230 · Ohio Court of Appeals · Nov 15, 2017

Admission of Officers’ Testimony {¶44} In his sixth assignment of error, Smith alleges the trial court erred in permitting Officer Moyer and Sergeant Godbey to testify without being qualified as experts that the bulk … In order to demonstrate prejudice, Smith must establish that, but for counsel's errors, there is a reasonable probability that the result of trial would have been different. State v.

N. Canton v. Julius Brown, L.L.C.

2024 Ohio 5881 · Ohio Court of Appeals · Dec 16, 2024

The testimony of the Stark County Auditor and/or the testimony of appellant as to the reasoning for his value, is clearly “some” proof of value, and is thus relevant evidence. {¶22} Tax assessors in Ohio are directed … presumption that the owner of real estate * * * possesses sufficient acquaintance with it to estimate the value of the property, and his estimate is therefore received although his knowledge on the subject is not such as would qualify

Camp St. Mary's Ass'n of the West Ohio Conference of the United Methodist Church, Inc. v. Otterbein Homes

176 Ohio App. 3d 54 · Ohio Court of Appeals · Mar 31, 2008

As with individual standing, an “association must establish that its members have suffered actual injury.” Id., citing Simon v. E. … Stucky was not qualified as a legal expert, and his opinions concerning superiority, influence, and fiduciary duties are legal conclusions rather than statements of fact.

State v. Geary

2016 Ohio 7001 · Ohio Court of Appeals · Sep 28, 2016

. {¶10} “Due process requires that the state establish beyond a reasonable doubt every fact necessary to constitute the crime charged.” State v. … “As a general rule, a defendant is entitled to have the jury instructed on all the elements that must be proved to establish the crime with which he is charged * * *.” State v.

State v. Elmore

2014 Ohio 3674 · Ohio Court of Appeals · Aug 22, 2014

his trial attorney Andrew Sanderson convinced Elmore to reject a plea offer that he had previously agreed to and would have saved his life, solely because Sanderson needed to participate in two capital jury trials to qualify … Sanderson clearly and unequivocally testified that he "did not make Phillip Elmore reject the State's proposed resolution." (1T. at 107) Sanderson took steps to counsel Elmore that a plea was still possible.

In re E.T.H.

2019 Ohio 79 · Ohio Court of Appeals · Jan 14, 2019

reviewing court must examine the entire record, weigh all of the evidence and reasonable inferences, consider the credibility of witnesses and determine whether in resolving conflicts in the evidence, the trier of fact clearly … Sufficient evidence establishes the element of restraint where there is a "real" or "material" interference with another's liberty, as contrasted with a "petty annoyance, or a slight inconvenience, or an imaginary conflict

State v. Taylor

194 N.E.3d 867 · Ohio Court of Appeals · Aug 18, 2022

As such, it does not directly control Taylor's case, since murder is a "category one" offense with no such qualifiers for bindover. … Both rules rest upon and clearly demonstrate the principle that bindover is a narrow exception to be construed strictly against transfer out of the juvenile court's parens patriae jurisdiction.

Dueck v. Clifton Club Co.

95 N.E.3d 1032 · Ohio Court of Appeals · Aug 10, 2017

The Trustees establish the number of Club Members who can access the beach. … On the other hand, subsection (a) of this section requires that a trustee keep the qualified beneficiaries reasonably informed about the administration of the trust and of the material facts necessary for them to protect

State v. Lopez, 90240 (7-17-2008)

2008 Ohio 3534 · Ohio Court of Appeals · Jul 17, 2008

Jamie Lopez with a qualified interpreter in violation of his constitutional rights and in violation of Ohio Revised Code Section 2311.14 ." {¶ 5} "[II.] … The trial court failed to establish, pursuant to Criminal Rule 11(C)(2)(A) that Jamie Lopez knowingly and voluntarily [entered] his plea of guilty." {¶ 6} "[III.] Mr.

In re A.G.

2014 Ohio 4927 · Ohio Court of Appeals · Nov 6, 2014

And, of course, legislatures are free to provide greater constitutional protections than Blockburger provides as long as this intent is clearly shown. … Evidence that the minor committed acts that would constitute a crime if committed by an adult is used only for the purpose of establishing that the minor is delinquent, not to convict him of a crime

State v. Beasley, Unpublished Decision (10-11-2007)

2007 Ohio 5432 · Ohio Court of Appeals · Oct 11, 2007

Finally, the judge must then determine if the defendant established purposeful discrimination. … That clearly indicates that the judge overruled the objection.

State v. Jackson, Unpublished Decision (11-20-2003)

2003 Ohio 6183 · Ohio Court of Appeals · Nov 20, 2003

Appellant does not demon-strate how the outcome of the trial would clearly have been different but for the comment. … We cannot say that the jury clearly lost its way resulting in a manifest miscarriage of justice.

State v. Skidmore

2010 Ohio 2846 · Ohio Court of Appeals · Jun 18, 2010

H.R.’s testimony established that Appellant had been molesting her on a regular basis for several years. … -22- minds, they shall find the greater amount of credible evidence sustains the issue which is to be established before them.

Burns-Boggs v. Howerton, Unpublished Decision (8-4-2006)

2006 Ohio 4002 · Ohio Court of Appeals · Aug 4, 2006

This claim mischaracterizes the form, which clearly indicates that the statements are limited to the owner's actual knowledge. … Without evidence that Howerton did know or had reason to know, the Boggses failed to establish negligent misrepresentation.

State v. Hays, Unpublished Decision (10-17-2001)

Ohio Court of Appeals · Oct 17, 2001

Appellant claims that the record fails to demonstrate that the Trooper was qualified as an accident reconstructionist or even a trained officer. … R. 703. 2 A person is not qualified to give expert opinion testimony unless they are qualified as an expert under Evid.

State v. Bursey

2021 Ohio 2857 · Ohio Court of Appeals · Aug 20, 2021

“The smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search.” State v. … this situation, a “ ‘court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly

State v. Small, 06ap-1110 (12-18-2007)

2007 Ohio 6771 · Ohio Court of Appeals · Dec 18, 2007

The court, reviewing the entire record, determines whether the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. … Medhin's Statements {¶ 28} Defendant contends Medhin's statements do not qualify as a present sense impression because the necessary independent indicia of reliability is lacking.

Buckeye Forest Council, Inc. v. Division of Mineral Resources Management

172 Ohio App. 3d 440 · Ohio Court of Appeals · Mar 5, 2007

“Rule” does not include any internal management rule of an agency unless the internal management rule affects private rights.’ ” {¶ 18} Under this standard, PPD qualifies as a rule. … These provisions do not mandate establishing a baseline for each spring located on the permit or adjacent areas.”