Case law

State v. Hall

2025 Ohio 1644 · Ohio Court of Appeals · May 8, 2025

Under Heller, McDonald, and Bruen, a law that prohibits all persons from owning or carrying all firearms would be clearly unconstitutional. … Greenwood, 486 U.S. 35, 43-44 (1988). {¶109} Courts have long-established frameworks for dealing with discriminatory laws under the Fourteenth Amendment.

State v. Walker, Unpublished Decision (10-23-2006)

2006 Ohio 5479 · Ohio Court of Appeals · Oct 23, 2006

Another drawing depicted a similar scene, this time with Troutman's hand clearly on CW's abdomen, while CW's speech balloon contained the word "Stop." Dr. … The trial court erred in admitting this testimony under the medical diagnosis and treatment exception. {¶ 29} Having established that the testimony was improperly admitted, the next consideration is whether the error was

State v. Barger

91 N.E.3d 277 · Ohio Court of Appeals · May 26, 2017

Kaiser lacked personal knowledge of the blood draw and therefore could not assist the State in establishing that proper protocol was followed. … search warrant. {¶ 28} The search warrant provided, in part: “I find there is probable cause to command _____________ and any other law enforcement officer with the assistance of a physician, registered nurse, or qualified

Eberly v. Eberly

2026 Ohio 2262 · Ohio Court of Appeals · Jun 15, 2026

professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … The language of R.C. 3105.18(C)(1)(a) clearly and unambiguously states the trial court is to consider all sources of income, including property deemed to be separate property under R.C. 3105.171, in deciding whether to

State v. Carter-El

2025 Ohio 4842 · Ohio Court of Appeals · Oct 23, 2025

The State’s evidence, if believed, was sufficient to establish appellant’s identity as one of the perpetrators. … As the State notes, appellant does not dispute that the charges qualified for mandatory bindover pursuant to R.C. 2152.10 and 2152.12.

State Ex Rel. Jackson v. Indus. Comm., 08ap-498 (3-10-2009)

2009 Ohio 1045 · Ohio Court of Appeals · Mar 10, 2009

Therefore, relator's current employment clearly does not constitute comparably paying work. … For the reasons that follow, it is this magistrate's conclusion that this court should deny relator's request for a writ of mandamus. {¶ 30} The Supreme Court of Ohio has set forth three requirements which must be met in establishing

State v. Michel

2011 Ohio 2015 · Ohio Court of Appeals · Apr 27, 2011

. {¶2} Donald Michel owned and operated arcade facilities, including a business establishment at 738 E. Archwood Avenue that contained Jackpots Instant Bingo as well as tanning beds. … He began by covering the screen of the machine, turning off the sound, and operating the machine in a “haphazard way” so that he could establish the “constant.”

U.S. Demolition & Contracting, Inc. v. O'Rourke Construction Co.

94 Ohio App. 3d 75 · Ohio Court of Appeals · Mar 28, 1994

Typically, the scheme is employed in situations where a majority contract is required to use a minority contractor (MBE) to satisfy minority participation requirements to qualify for contracts. … The Enright Refining Company, Inc. is clearly not employed by The Enright Refining Company, Inc.; nor is it logical to say that The Enright Refining Company, Inc. is associated with The Enright Refining Company, Inc.

Lange v. Honda of America Mfg., Inc., Unpublished Decision (4-26-2004)

2004 Ohio 2060 · Ohio Court of Appeals · Apr 26, 2004

. {¶ 9} In order to establish a prima facie case in an age discrimination action, a plaintiff-employee must demonstrate that he or she "(1) was a member of the statutorily protected class, (2) was discharged, (3) was qualified … Lange's responsibilities described above clearly differentiate Lange from Fredrick and the other men on the team which "would distinguish their conduct or the employer's treatment of them for it."

In Re Lauren P., Unpublished Decision (3-31-2004)

2004 Ohio 1656 · Ohio Court of Appeals · Mar 31, 2004

Graves was qualified as an expert witness, appellee initially examined the witness as to his educational background, professional training and certification, and professional experience and then moved to have him qualified … Appellant then stated that appellee was required to comply with Daubert and establish the reliability of the tests the witness used as a basis for his opinions, and that this should be done before the witness was qualified

Toledo Group, Inc. v. Benton Industries, Inc.

87 Ohio App. 3d 798 · Ohio Court of Appeals · Jul 16, 1993

Even awards in the $100 to $200 range are considered too substantial to qualify as “nominal” damages. Id. Therefore, it is inconceivable that $75,000 could be considered “nominal damages.” … The language used in the relevant clause clearly reflects a knowledge of business entities and their various relationships.

State v. Ellis

2014 Ohio 4812 · Ohio Court of Appeals · Oct 30, 2014

Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, the Ohio Supreme Court established the proper analysis for determining whether offenses qualify as allied offenses subject to merger … Cuyahoga No. 100151, 2014-Ohio-3584, ¶ 29-30. {¶32} For these reasons, the sentence imposed on Ellis is not “clearly and convincingly contrary to law.” In re A.H., 8th Dist. Cuyahoga No. 98622, 2013-Ohio-2525.

State v. Griffin

2013 Ohio 416 · Ohio Court of Appeals · Feb 11, 2013

See also Veal at ¶ 18 (decision will not be reversed for plain error “unless the defendant has established that the outcome of the trial clearly would have been different but for the alleged error”). … Otherwise, an accomplice instruction may become necessary only in certain “rare circumstances” where a person might have been an accomplice, but was never indicted, such as a situation in which he or she received immunity

Zak v. Ohio State Dental Bd., Unpublished Decision (6-10-2004)

2004 Ohio 2981 · Ohio Court of Appeals · Jun 10, 2004

Diamantis purchased a dental practice established by Dr. T.F. … Zak argues that R.C. 4715.34 is an unconstitutional exercise of police power since it prohibits qualified licensed physicians from performing procedures clearly within the scope of their medical license.

State v. Alltop

2011 Ohio 5541 · Ohio Court of Appeals · Oct 28, 2011

offender in the state of Florida when he moved to Ohio, under Ohio Revised Code [2950.01(A)(11)], a violation of any former law of this state, any existing or former municipal ordinance or law of another state * * * qualifies … The court’s entry of the guilty verdict clearly reflects that the trial court’s intent is to overrule Appellant’s motions.

Rickabaugh v. Youngstown Municipal Ry. Co.

55 Ohio App. 431 · Ohio Court of Appeals · Oct 31, 1936

We think these cases are clearly distinguishable from the rule laid down in the case of Railroad Co. v. Cunnington, supra, and in the case of Russell, Admr., v. Fourth Natl. Bank of Cincinnati, supra. … Richard Pettigrew was called as a witness for the plaintiff and, after qualifying as a physician, testified to an examination made by him of plaintiff at the request of plaintiff’s counsel and in the office of plaintiff’s

State ex rel. Kent State Univ. v. Indus. Comm.

2016 Ohio 1032 · Ohio Court of Appeals · Mar 15, 2016

Caston is not a physician who is qualified to render a medical opinion as to residual functional capacity. {¶ 49} Given the three reports relating to residual functional capacity, we have no relied upon report that … support of his PTD application, relator argues that none of the physical injuries of either claim need be considered by the adjudicator. {¶ 53} As relator puts it: A review of the evidence submitted establishes

State v. Lemaster

2022 Ohio 4157 · Ohio Court of Appeals · Nov 14, 2022

to establish that he accepted subject matter jurisdiction over the criminal proceedings or personal jurisdiction over Appellant. … Judge Crow clearly was the only judge presiding over the criminal proceedings in Meigs County.

In Re Johnson, Unpublished Decision (3-22-2001)

Ohio Court of Appeals · Mar 22, 2001

Clear and convincing evidence is that which will produce in the trier of fact "`a firm belief or conviction as to the facts sought to be established.'" … The state clearly failed in its burden. Most of the state's evidence was directed toward establishing that Billy Crisp's parents were unfit to care for him.

Davis v. Mercy St. Vincent Med. Ctr.

190 N.E.3d 77 · Ohio Court of Appeals · Apr 15, 2022

R.C. 2305.113(A) establishes a one-year statute of limitations for medical claims; R.C. 2305.113(C) establishes a four-year statute of repose. … No similar repose period is established for wrongful-death actions involving medical claims.