Case law

State v. Phillips

2011 Ohio 6569 · Ohio Court of Appeals · Dec 19, 2011

As the State aptly suggests, a competent defense attorney, having reviewed the prosecutor’s discovery materials, may likely have made a strategic decision not to insist on the presence of a qualified federal agent at trial … We further hold the jury did not clearly lose its way and create a manifest miscarriage of justice requiring that appellant’s convictions be reversed and a new trial ordered.

State ex rel. Menz v. State Teachers Retirement Bd. of Ohio

2014 Ohio 2419 · Ohio Court of Appeals · Jun 5, 2014

Retirement Sys., 53 Ohio St.2d 118 (1978). {¶ 60} In order to qualify for a disability retirement, a member of STRS must submit medical evidence establishing that they are mentally or physically incapacitated from … Berarducci clearly opined that there was no physical neurological explanation for relator's headaches. In his August 17, 2011 report, Dr.

State v. Lavender

2019 Ohio 5352 · Ohio Court of Appeals · Dec 27, 2019

So, clearly, the jury could not have been confused on whether that point had been established. {¶103} The problem with this line of testimony was that it simply wasn’t relevant. … But again, considering all the evidence, Lavender cannot establish that he was prejudiced by this deficiency.

State v. Riffle, 2007-0013 (9-28-2007)

2007 Ohio 5299 · Ohio Court of Appeals · Sep 28, 2007

`A defendant falls within the category simply by virtue of past conviction for any [qualifying] crime ranging from possession of short lobsters * * * to the most aggravated murder.' … In order to find plain error under Crim.R. 52(B), it must be determined, but for the error, the outcome of the trial clearly would have been otherwise. Id. at paragraph two of the syllabus. {¶ 59} In U.S. v.

In re Guardianship of Schwarzbach

2017 Ohio 7299 · Ohio Court of Appeals · Aug 22, 2017

. {¶ 3} The evidence established that Schwarzbach was born in 1942 and came to the United States from his native Germany at the age of 18. … Ellickson was not qualified, did not appear personally, and therefore her opinion could not be probative. {¶ 35} The magistrate also considered testimony from Schwarzbach's business associates.

State v. McCray, Unpublished Decision (9-29-2004)

Ohio Court of Appeals · Sep 29, 2004

It is preferable for the trial court to explicitly find that a witness qualifies as an expert. … Our review of the record fails to persuade us that the trial court, sitting as the trier of fact, clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial

Day v. Day, 08ap-440 (2-12-2009)

2009 Ohio 638 · Ohio Court of Appeals · Feb 12, 2009

the acquisition of a 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 … Clearly, the trial court was presented with conflicting testimony regarding the valuation of household property and how much each party received.

In re C.B.

2025 Ohio 1361 · Ohio Court of Appeals · Apr 16, 2025

We further find the trial court's ruling the Victim’s statements qualify as an excited utterance under Evid. R. 803(2) was reasonable. … Appellant explains the evidence presented established he would not have been in J.B.’s home when the incident was alleged to have occurred.

Bank of America, N.A. v. Miller

194 Ohio App. 3d 307 · Ohio Court of Appeals · Mar 25, 2011

made, is the duly qualified holder. … Nonetheless, we rejected the document, stating: {¶ 54} “[T]he document is clearly a copy, and for that reason its admissibility also requires the supporting testimony of a witness who has compared it to the original and testifies

State v. Keeley

2012 Ohio 3564 · Ohio Court of Appeals · Aug 2, 2012

Appellant, however, objected to Davis’s testimony because she had not been qualified as an “expert” on what her daughter comprehends at her level of cognitive functioning. … To find plain error, we must be able to say that, but for the alleged error, the outcome of trial clearly would have been otherwise. State v.

In Re Alexis K.

160 Ohio App. 3d 32 · Ohio Court of Appeals · Mar 24, 2005

weight of the evidence if the record contains competent, credible evidence by which the court could have formed a firm belief or conviction that the essential statutory elements for a termination of parental rights have been established … during the pendency of this case. *42 {¶ 39} Appellee’s response to all of this seems to have been to order appellant to find a job and suitable housing and, at one point, pay $90 so that appellant could take a state test to qualify

In re A.H.

2025 Ohio 2708 · Ohio Court of Appeals · Aug 1, 2025

entire 12  OHIO FIRST DISTRICT COURT OF APPEALS record, weigh the evidence, consider the credibility of the witnesses, and determine whether the trier of fact clearly … Aunt’s testimony, which the magistrate found credible, establishes that she would not hesitate to protect A.H. from anyone, including Mother.

Sanders v. UPS, Unpublished Decision (9-26-2001)

Ohio Court of Appeals · Sep 26, 2001

a genuine issue of material fact remains in dispute as to whether Sanders' left-arm on-the-job injury qualifies him as being handicapped. … Absent direct evidence of discrimination, a plaintiff may still prove racial discrimination by establishing a prima facie case. 13 The Ohio Supreme Court has adopted the United States Supreme Court's test for establishing

Harmon v. Adams, Unpublished Decision (5-1-2002)

Ohio Court of Appeals · May 1, 2002

As mentioned above, Appellee moved for summary judgment in the original action claiming that he was entitled to the immunities and defenses provided by R.C. 929.04 . … The extension of this complete defense to qualified entities is essentially a legislative determination that conduct falling within the purview of the statute, regardless of its frequency or intensity, is not a nuisance as

State ex rel. Hartman v. State Teacher's Retirement Sys. of Ohio

2014 Ohio 1379 · Ohio Court of Appeals · Mar 31, 2014

However, my letter of August 27 clearly indicates that I represent Ms. Hartman. … Clearly she was able to understand the nature of the August 17, 2012 letter and made an informed choice to seek counsel.

Grisafo v. Holllingshead

2019 Ohio 3763 · Ohio Court of Appeals · Sep 19, 2019

Husband shall by Qualified Domestic Relations Order (QDRO) assign to Wife fifty (50) percent of said pension as of the date of the divorce and Wife shall be entitled to all post-retirement benefits of said plan … Bevan is clearly distinguishable because Grisafo has not reached his retirement age and will not do so until September 2020.

State v. Zanni

2014 Ohio 2806 · Ohio Court of Appeals · Jun 24, 2014

because trial court’s retain the authority to suppress test results when the state fails to demonstrate that it followed the testing procedures set forth by the Director of Health, or when the operator was not properly qualified … Although the dissent in Vega briefly addresses the separation of powers, the majority clearly did not in its holding. Ross App.

State v. Adrian

168 Ohio App. 3d 300 · Ohio Court of Appeals · Aug 11, 2006

“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 … Such conduct, if performed by Adrian, would be sufficient to establish the offense of kidnapping.

Delasoft, Inc. v. Ohio Dept. of Adm. Servs.

154 N.E.3d 1099 · Ohio Court of Appeals · Jun 30, 2020

Tr. at 70 (DAS's Sanders), see also id. at 71-72 (DAS not aware of how DOT established the scoring ratios). {¶ 11} In the event, only Delasoft and BEM—each of which offered an "MBE Subcontractor Plan"—qualified to … "[T]he strict scrutiny standard clearly applies to our review of Ohio's MBE set-aside program * * *." Id. at 252.

Davenport v. Bureau of Workers' Comp., Unpublished Decision (5-30-2002)

Ohio Court of Appeals · May 30, 2002

She further testified that she did not clearly remember whether or not Boley's name was on the "original" applicant log, but assumes it was not because she does not think she made a mistake in failing to test Boley. … The plaintiff may establish a prima facie case of intentional discrimination indirectly upon application of the analytical framework established by the United States Supreme Court in McDonnell Douglas Corp. v.