Case law

State v. Owens

2024 Ohio 3383 · Ohio Court of Appeals · Sep 3, 2024

Foremost in its analysis is Prof.Cond.R. 1.5(a); it provides that lawyer shall not “make an agreement for, charge, or collect an illegal or clearly excessive fee.” … agency, and establish an intervention plan for the offender.

Pilkington v. Saas

25 Ohio Law. Abs. 663 · Ohio Court of Appeals · Nov 17, 1937

The following brief summary will render understandable the nature and scope of the controversy: *664 Plaintiff in her petition alleged that she was the duly appointed, qualified and actingadministratrix of the estate of Ralph … We quote the paragraph in full: “The case of Mahoning Valley Railroad v VanAlstine, 77 Oh St 395, is decisive oí the case and clearly establishes the right to maintain an independent action for the beneficiaries named in

State v. Hardy

2024 Ohio 5926 · Ohio Court of Appeals · Dec 19, 2024

Cooley opined that Judy spoke appropriately for her age and was able to clearly identify her own body parts and Hardy’s body parts. … Thus, Hardy has failed to establish the trial court erred by admitting improper character evidence.

Newell v. Cleveland Cemetery Assn.

61 Ohio App. 476 · Ohio Court of Appeals · Feb 21, 1938

Further detail might embellish the picture but could not serve to change the mechanics of the operations nor more clearly set forth the relations of the parties and the evident results of the methods employed, nor more clearly … That they were two separate corporate entities qualified to do business in this State in their respective spheres. That the transactions had between the corporations were adversary.

Swiss Reinsurance America Corp. v. Roetzel & Andress

163 Ohio App. 3d 336 · Ohio Court of Appeals · Sep 14, 2005

In the case presented, a conflict clearly existed between the insurer and the insured. … “Some immunity from being sued by third persons must be afforded an attorney so that he may properly represent his client.

Mitchell v. Norwalk Area Health Serv., Unpublished Decision (9-30-2005)

2005 Ohio 5261 · Ohio Court of Appeals · Sep 30, 2005

Legal Standard {¶ 55} R.C. 4765.49 (B) 4 provides immunity to political subdivisions performing emergency medical services. … City of Hamilton (2001), 141 Ohio App.3d 296 , is succinctly and clearly articulated: {¶ 57} "`Willful and wanton misconduct' constitutes more than mere negligence. Brockman v. Bell (1992), 78 Ohio App.3d 508 .

State v. Guerrero-Sanchez

2017 Ohio 8185 · Ohio Court of Appeals · Oct 13, 2017

We  -15- find that said discussion does not qualify as an interrogation requiring Miranda warnings because it was not designed or reasonably … Guerrero-Sanchez’s intelligence and education are not otherwise at issue, as Guerrero-Sanchez is an employable 36- year-old who completed 11 years of schooling. {¶ 47} Swallen and Walters’ testimony also establishes

Tenhundfeld v. State Farm, Unpublished Decision (4-22-2005)

2005 Ohio 1874 · Ohio Court of Appeals · Apr 22, 2005

policies clearly stated that the named insured was Margaret Tenhundfeld. … Martin, 85 Ohio St.3d 604 , 607 , 1999-Ohio-322 , 710 N.E.2d 677 . 5 The city had filed a motion for summary judgment, asserting sovereign immunity.

Hope Academy Broadway Campus v. White Hat Mgt., L.L.C.

2013 Ohio 5036 · Ohio Court of Appeals · Nov 14, 2013

(the "Qualified Gross Revenues"). … However, such precedent " 'was established, and has typically been applied, in the context of public officials who engaged in some sort of financial misconduct, such as using their public office for private gain or misappropriating

Otto v. Country Mutual Ins. Co, 07ap-227 (3-31-2008)

2008 Ohio 1514 · Ohio Court of Appeals · Mar 31, 2008

Appellee subsequently filed a motion for partial summary judgment asserting that appellants are not entitled to uninsured motorist coverage because the unidentified vehicle does not qualify as an "uninsured motor vehicle" … *Page 9 Unlike in Groshans , the physical-contact requirement in the instant policy is unambiguous, as it clearly requires physical contact between the unidentified vehicle and another vehicle or object.

State v. Farr, 13-06-16 (6-25-2007)

2007 Ohio 3136 · Ohio Court of Appeals · Jun 25, 2007

issue which is to be established before them. … Based on this record, we cannot find that the jury clearly lost its way.

Shalersville Bd. of Edn. v. Horner

55 Ohio App. 356 · Ohio Court of Appeals · Mar 11, 1936

“No doctrine is better established than that the acts of an officer, within the scope of his powers and authoritj', are presumed to be rightly and legally performed until the contrary appears.” … The record clearly shows that all members of the board of education legally qualified to contract for the services of Leo J.

State v. Snyder

2013 Ohio 2046 · Ohio Court of Appeals · May 20, 2013

We disagree. {¶32} R.C. 5120.031 and 5120.032 establish alternative prison arrangements for certain offenders. … Even if the State had offered testimony or other evidence to corroborate the police statement, its allegation would still not be immune from criticism.

Heberling v. Deckard

2024 Ohio 1535 · Ohio Court of Appeals · Apr 22, 2024

Additionally, the report stated the child clearly expressed his desire to remain with his siblings in Heberling’s home. … He specifically says Heberling “did not establish by a preponderance of the evidence that [Deckard] was unsuitable and likewise failed to establish, by a preponderance of the evidence, that there existed a probability of

State v. Clinton

256 N.E.3d 106 · Ohio Court of Appeals · Sep 27, 2024

Upon review, the trial court clearly described Clinton’s legal arguments. See J.E. at 17. However, its findings and conclusions are limited to “crime scene” evidence only. … Failure to retain a qualified forensic pathologist: G/R Nos. 22 and 24 {¶ 49} In his petition, Clinton argued that counsel was ineffective for failing to retain a qualified forensic pathologist who would

State ex rel. Suwalski v. Peeler

155 N.E.3d 47 · Ohio Court of Appeals · Jun 8, 2020

There is no dispute that Ewing's misdemeanor domestic violence conviction qualifies as a "misdemeanor crime of domestic violence" subject to a federal firearms disability imposed under 18 U.S.C. 922(g)(9). 2. … Camplese, 144 Ohio St.3d 89, 2015-Ohio- 3628, ¶ 13. {¶ 14} Because the first and third elements are clearly satisfied, the only real issue to be decided is whether a state court judge in Ohio, like Judge Peeler,

State v. Williams

2013 Ohio 5076 · Ohio Court of Appeals · Nov 18, 2013

A fact-intensive, totality-of-the-circumstances inquiry is required in order to determine whether a specific place qualifies as “a place where there is a reasonable expectation of privacy.” Savoy v. … However, the record establishes that not only are the rooms monitored, they are recorded.

State v. Lopez-Olmedo

2022 Ohio 2817 · Ohio Court of Appeals · Aug 15, 2022

R.C. 2311.14(A) provides that a qualified interpreter shall be appointed to assist in legal proceedings where a party or witness is unable to communicate or understand due to an impairment, such as speaking a language other … Lopez-Olmedo were required to establish plain error, I do not agree with the majority’s attempt to address the merits of the issue. Mr.

Thompson v. Bayer

2011 Ohio 4212 · Ohio Court of Appeals · Aug 15, 2011

Appellee also alleged Appellant had held himself out as qualified to repair submersible pumps, when he was not. … In overruling the motion, the court found Appellant had not established he was entitled to relief under subsection (1), mistake or excusable neglect.

State v. Haynik

2023 Ohio 717 · Ohio Court of Appeals · Mar 9, 2023

Franklin No. 05AP-1042, 2006-Ohio-6983, ¶ 17 (to prove the force element of a sexual offense, the state must establish force beyond that force inherent in the crime itself). … Haynik argues Sergeant Fox’s testimony should not be permitted under Evid.R. 702, which governs expert testimony, because Sergeant Fox was not qualified as an expert.