Case law

State v. Tolbert

2015 Ohio 4733 · Ohio Court of Appeals · Nov 12, 2015

To qualify for this exception an officer’s reliance on the warrant must be objectively reasonable. State v. Castagnola, __Ohio St.3d.__, 2015-Ohio-1565, __N.E.3d__, ¶ 98. … Consequently, the burden is on the defendant to establish standing.

Cleveland v. Thorne

2013 Ohio 1029 · Ohio Court of Appeals · Mar 21, 2013

The 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 … The VS2 network terminals qualify as slot machines because they indirectly accept something of value to participate in a scheme of chance.

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. Higgins

105 N.E.3d 665 · Ohio Court of Appeals · Feb 7, 2018

“This Court may not reverse the judgment of the trial court on the basis of plain error, unless appellant has established that the outcome of trial clearly would have been different but for the alleged error.” … Such error is clearly a clerical error which would not render the sentence contrary to law. See State v.

Edelman v. JELBS

2015 Ohio 5542 · Ohio Court of Appeals · Dec 31, 2015

The three insiders, clearly, are due something for salary. … The trial court expressly found Smith to be "a very well-qualified, objective, and credible witness."

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.

Butler County Board of Commissioners v. City of Hamilton

145 Ohio App. 3d 454 · Ohio Court of Appeals · Aug 20, 2001

In the course of such study, the County, in addition to having the advice of its own qualified personnel, retained qualified independent professional engineers to advise it and carefully studied the reports of such engineers … The provisions of the County Agreement establishing the price to be paid by the County to the City for water furnished pursuant to the County Agreement and providing for the adjustment of such price, and the provisions establishing

In re R.M.

2013 Ohio 3588 · Ohio Court of Appeals · Aug 14, 2013

Pinney stated that she tried to establish duties for appellant to follow each visit, but appellant stated “that she was not establishing even a duty.” {¶ 31} Pinney explained that during the supervised visitations … the issue which is to be established before them.

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. Wooden

2022 Ohio 814 · Ohio Court of Appeals · Mar 17, 2022

The trial court also informed Wooden that his offenses were qualified offenses pursuant to R.C. 2903.41, also known as Sierah’s Law, which would require him to register as a violent offender in the statewide database. … The trial court erred by imposing consecutive sentences that are clearly and convincingly not supported by the record.

Heartland of Urbana OH, L.L.C. v. McHugh Fuller Law Group, P.L.L.C.

2016 Ohio 6959 · Ohio Court of Appeals · Sep 23, 2016

Heartland’s situation falls within the first category, and it was not necessary for Heartland to establish actual damages in order to recover attorney fees. … At pages 10-11 of its brief, Heartland discusses how the content of the advertisement qualifies as a deceptive trade practice under each prong.

State v. Rutherford

2018 Ohio 2638 · Ohio Court of Appeals · Jun 26, 2018

Terry,” clearly recognizing the doctor as an authority figure. We believe as in Robison, supra, that at some level young Jake understood that he was receiving help from Dr. … Bakenhaster opined that she had established a level of trust at the time L.R. made her statements, which had not been previously established.

Vaughan v. Vaughan

131 Ohio App. 3d 364 · Ohio Court of Appeals · Nov 13, 1998

The trial court found that appellant failed to establish that he would have a meritorious defense to present if the trial court granted the requested relief. … As a result, it is clearly not a ‘debt’ owing to the plaintiff on the date the debtor filed bankruptcy.

In Re Myers

107 Ohio App. 3d 489 · Ohio Court of Appeals · Nov 22, 1995

Motors Corp. (1981), 67 Ohio St.2d 253 , 21 O.O.3d 158 , 423 N.E.2d 452 , was clearly an attempt by the Ohio Supreme Court to move more in the direction of the federal courts by tightening the requirements of finality. … The core concern in Russell was the difficulty in establishing prejudice upon review, i.e., the problem of discerning with hindsight “whether and how the original counsel might have handled the matter differently.”

Johnson v. Clark Cty. Bd. of Revision

2016 Ohio 7518 · Ohio Court of Appeals · Oct 28, 2016

However, the reliability and intended use of some of the documents was not established. … This is a well-established principle of law. See, e.g., Valigore v. Cuyahoga Cty. Bd. of Revision, 105 Ohio St.3d 302, 2005-Ohio-1733, 825 N.E.2d 604, ¶ 5, quoting Smith v.

In re E.M.T.

2025 Ohio 4638 · Ohio Court of Appeals · Oct 6, 2025

An abuse of discretion may be found when the trial court “‘applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.’” … That expansive grant of jurisdiction necessarily includes the jurisdiction to change the first name of a child in a parentage action when changing the first name of the child would qualify as “any other matter in the best

Gomer v. Gomer

2017 Ohio 989 · Ohio Court of Appeals · Mar 17, 2017

For this reason, appellee does not qualify for Social Security benefits. Appellant, on the other hand, is eligible for social security benefits. … Here, the trial court clearly relied upon appellant’s social security benefits to justify its award of appellant’s Schwab IRA, a private retirement plan, to appellee.

State v. Spears

2023 Ohio 187 · Ohio Court of Appeals · Jan 23, 2023

AS AMENDED BY THE REAGAN TOKES ACT, THE REVISED CODE’S SENTENCES FOR FIRST AND SECOND-DEGREE QUALIFYING FELONIES VIOLATES THE CONSTITUTIONS OF THE UNITED STATES AND THE STATE OF OHIO.” {¶8} “II. … This is the scheme established by the Reagan Tokes Law. State v. Ferguson, 2nd Dist. Montgomery No. 28644, 2020-Ohio-4153, ¶ 23.

Kolidakis v. Glenn McClendon Tr., Unpublished Decision (6-28-2004)

2004 Ohio 3638 · Ohio Court of Appeals · Jun 28, 2004

Very clearly he puts it in his report. He also puts in his report what he feels is the explanation for the accident which is the pedestrian. … in good faith that Sergeant Carper could be qualified to render an opinion as an expert.