Case law

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 v. Elek

2023 Ohio 41 · Ohio Court of Appeals · Jan 9, 2023

Elek argues the list was not proper impeachment evidence because it amounted to hearsay and did not qualify for admission under Evid.R. 613(B)(2)(a). … “Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of facts a firm belief or conviction as to the allegations sought to be established.” Cross v.

State v. Jones, Unpublished Decision (8-27-1999)

Ohio Court of Appeals · Aug 27, 1999

. 1 Accordingly, the testimony fails to qualify as expert testimony. … This evidence clearly shows that appellant was in control of the weapon that caused Dyer's death.

State v. Artis

2021 Ohio 2965 · Ohio Court of Appeals · Aug 27, 2021

The following facts were established at trial. A. … At trial, however, the state sought to qualify Morford as an expert, which the court allowed.

State v. Curry

2018 Ohio 4771 · Ohio Court of Appeals · Nov 29, 2018

4 A manifest weight challenge asks whether, viewed from the perspective of a “thirteenth juror,” it is apparent that the jury has clearly “lost its way” due to “misrepresentation or misapplication of the evidence.”5 … Courts have found babysitters to qualify as acting in loco parentis. See State v. Amerson, 8th Dist. Cuyahoga No. 78235, 2001 Ohio App.

Bell v. Horton, Unpublished Decision (12-23-2002)

Ohio Court of Appeals · Dec 23, 2002

While it is true the court granted the Parks leave to file their motion for summary judgment and granted them an extension after it notified all parties of its intent to dismiss the case, the court clearly notified Bell that … Nor is Bell's contention that many of the Dennewitzes' and Hortons' claims were later found meritless enough to establish a question of fact.

State v. Santorella

2018 Ohio 274 · Ohio Court of Appeals · Jan 25, 2018

However, the amount of restitution may be established where the victim testifies to the value of the loss but does not have a receipt. State v. Walls, 8th Dist. … We presume that an owner of property has special knowledge of the value of that property and is qualified to express an opinion concerning it.

State v. Spring

2017 Ohio 768 · Ohio Court of Appeals · Mar 3, 2017

"To establish ineffective assistance of counsel for failure to file a motion to suppress, a defendant must prove that there was a basis to suppress the evidence in question." … They clearly depict various areas that appear to be blood drips versus splatters.

Williams v. Cook

132 Ohio App. 3d 444 · Ohio Court of Appeals · Mar 30, 1999

It is well established that a trial court should confine its instructions to the jury to the issues raised by the pleadings and the evidence. Becker v. Lake Cty. Mem. Hosp. … In the present case, Travis clearly was not a trespasser at entry. Even so, Travis could yet be found to have become a trespasser once on the Cook property by exceeding the scope of his invitation.

State v. Wallace

2016 Ohio 8515 · Ohio Court of Appeals · Dec 30, 2016

If, on weighing the evidence, the jury finds the greater amount of credible evidence sustains the issue that a party seeks to establish, that party will be entitled to its verdict. … The Second District held there was sufficient evidence to establish that the defendant knowingly obtained the $4,000 by deception and that he had the purpose to deprive the victim of his money, i.e., that the defendant

State v. Finley

2024 Ohio 1058 · Ohio Court of Appeals · Mar 21, 2024

Clearly, the record would have benefitted from further inquiry by the trial court during the plea colloquy after Finley reported his schizophrenia diagnosis. Compare State v. Elliott, 8th Dist. … Under the Reagan Tokes Law, qualifying first- and second-degree felonies committed on or after March 22, 2019 are subject to the imposition of indefinite sentences. See 2018 Am.Sub.S.B.

Ross v. Olsavsky

2010 Ohio 1310 · Ohio Court of Appeals · Mar 25, 2010

She qualified that testimony by adding that she would recognize her daughter’s signature and that signature did not “appear” to be her daughter’s. (Tr. 13-14). … the default judgment was entered was because she was not aware of the judgment against her until shortly before filing the motion to vacate in February 2009. ¶{30} Her contention, however, flies in the face of the established

Betteley v. Fisher Bros.

32 Ohio Law. Abs. 83 · Ohio Court of Appeals · Mar 4, 1940

Clearly, on such facts, the beneficiary had no claim against the insurance company. … That a promise acted and relied upon may work an estoppel even when it might be difficult to establish a technical consideration is a generally accepted legal principle.

Castrataro v. Urban

155 Ohio App. 3d 597 · Ohio Court of Appeals · Dec 19, 2003

Defendant orally areed [sic] to treat plaintiff for medical problems in which he was qualified to prescribe medication and treatment. {¶ 6} “IV. … VI {¶ 60} Appellant, in her sixth assignment of error, argues that the trial court erred in granting summary judgment to appellee, since appellee failed to establish that there were no genuine issues of material fact in dispute

Wasinski v. PECO II, Inc.

2009 Ohio 2615 · Ohio Court of Appeals · Jun 8, 2009

Grubb did not rely solely on Fouad-Tarazi’s report in diagnosing Wasinski with POTS, and that Fouad-Tarazi’s report was clearly not the sole basis for Grubb’s subsequent diagnosis of POTS. … This is clearly flow through. I mean, depression is— The Court: I agree with her.

In re P.S.

2023 Ohio 144 · Ohio Court of Appeals · Jan 19, 2023

This court has held that an abuse of discretion may be found where a trial court “applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Thomas v. … (b) The child has been in an agency’s custody for two years or longer, and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Revised Code.

MCI Telecommunications Corp. v. Board of Franklin County Commissioners

127 Ohio App. 3d 127 · Ohio Court of Appeals · Mar 31, 1998

Guaranteed 24 hour response time, with same day or next day on site service by qualified technician. “5. … the contractor * * * shall not exceed those rates established] by the Ohio Public Utilities Commission,” contractors were on notice that the bids were subject to standards and rules established by the PUCO.

State v. Terry

249 N.E.3d 762 · Ohio Court of Appeals · Aug 2, 2024

The jury clearly credited Sagers’s and Kleman’s testimonies over Terry’s, and we defer to its assessment of credibility. … HOWEVER, HE WAS NOT QUALIFIED BY THE STATE OF OHIO PRIOR TO HIS TESTIMONY, [NOR] WAS [AN] EXPERT REPORT SUBMITTED 21 DAYS PRIOR TO TRIAL. {¶ 44} Terry directs our attention to Crim.R. 16(K),

State v. Bach, 21582 (5-4-2007)

2007 Ohio 2130 · Ohio Court of Appeals · May 4, 2007

"Contrastingly, the decision as to which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified, by reason and … . {¶ 29} In order to demonstrate ineffective assistance of counsel, Bach must *Page 11 establish that his counsel's representation fell below an objective standard of reasonableness and that he has been prejudiced by his

State v. Brownlee

107 N.E.3d 822 · Ohio Court of Appeals · Mar 1, 2018

That was an admission that he acted purposely to kill the victim; it was evidence that the jury could view as establishing the true intent of the conspiracy. … The qualifying language “if it were made” does not prove that any disparaging remark had been made and, more importantly, that it had been made in the presence of the jury.