Case law

Campbell v. 1 Spring, L.L.C.

155 N.E.3d 186 · Ohio Court of Appeals · Jun 4, 2020

Following the meeting, the parties agreed to memorialize their agreement in writing to establish that Campbell was authorized to represent 1 Spring. … The proposed amendments eliminated sign spacing requirements in areas that qualified as business districts. Lee noted the amendments would allow appellants' sign to be constructed.

Grybosky v. Ohio Civil Rights Comm'n

95 N.E.3d 625 · Ohio Court of Appeals · Aug 7, 2017

If it does, the rule clearly conflicts with the statute, and the rule is invalid. Am. Legion at id., citing Cent. Ohio.” GMS Mgt. Co, Inc. v. Ohio Civ. Rights Comm., 2016-Ohio-7486, 64 N.E.3d 1025, ¶ 16 (8th Dist.) … The court found that a strict and traditional reading of the term ‘affidavit,’ was consistent with the court's ‘longstanding insistence that only a written declaration made under oath before a proper officer qualifies

State ex rel. DeWine v. Omar Ibn El Khattab Mosque, Inc.

2017 Ohio 4453 · Ohio Court of Appeals · Jun 22, 2017

Relator Michael DeWine is the duly elected, qualified and acting Attorney General in the state of Ohio. 2. … After undertaking an independent review, we determine that almost all of the facts have already been admitted to by both respondents or have already been clearly established in the law of the case, most notably Masjid Omar

Featherstone v. Ohio State Univ. College, Unpublished Decision (12-18-2001)

Ohio Court of Appeals · Dec 18, 2001

There clearly was not qualified privilege since Levi Evalt was not a doctor, nor was he a patient. The person on the other end of the phone was not a doctor, nor a patient. … The court further decided that appellee successfully established a qualified privilege affirmative defense.

Bruce v. Junghun

182 Ohio App. 3d 341 · Ohio Court of Appeals · May 7, 2009

The case went to trial with liability established, and the remaining issues of proximate cause and damages were tried to a jury. … Bruce was never identified as an expert or qualified as such. She was not asked for her diagnosis of herself or her medical opinion on direct examination.

State v. LaPrairie

2011 Ohio 2184 · Ohio Court of Appeals · May 6, 2011

as the commission of child abuse resulted in Milton’s death, thereby qualifying as the commission of felony murder.” … We agree that the exigent circumstances/emergency aid exception to the warrant requirement clearly justified the officers’ initial entry into Defendant’s home. Mincey.

State v. Godoy

2019 Ohio 4625 · Ohio Court of Appeals · Nov 12, 2019

Moreover, we have stated that, in OVI prosecutions, the state is not required to establish that a defendant was actually impaired while  4 driving, but need only show an … The high court thus concluded: [A] properly qualified officer may testify at trial regarding a driver’s performance on the HGN test as to the issues of probable cause to arrest and whether the driver

State v. Lominack

2013 Ohio 2678 · Ohio Court of Appeals · Jun 25, 2013

. {¶24} In the case at bar, the record establishes the Nissan drove on top of and over the white lane markings. … the issue which is to be established before them.

State ex rel. Parrish v. Walter Randolph & Carl Fritschi

239 N.E.3d 1023 · Ohio Court of Appeals · Mar 26, 2024

SHO also found No. 22AP-134 9 relator’s allowed psychological condition did not prevent him from performing any employment he was otherwise qualified … Therefore, “ ‘ “before any legislative power, as expressed in a statute, can be held invalid, it must appear that such power is clearly denied by some constitutional provision.” ’ ” Newburgh at ¶ 19, quoting Tobacco Use Prevention

DeGrant v. DeGrant

151 N.E.3d 61 · Ohio Court of Appeals · Jan 13, 2020

(j) Whether either parent had established a residence, or is planning to establish a residence, outside the state; Neither party is planning to establish a residence outside the state. … Davis established his qualifications as an expert in the tracing of premarital assets and has been accepted as such in prior cases.

Dublin Transportation, Inc. v. Goebel

133 Ohio App. 3d 272 · Ohio Court of Appeals · Mar 23, 1999

Goebel) as third-party plaintiffs and because no evidence established that the note had been assigned to Christine Goebel by either of these named payees. … only whether Kaps signed the note as a maker or guarantor, and the court determined whether the jury’s verdict should be set off to the extent that Kaps either gave the third-party plaintiffs something of value that might qualify

State v. Kyles

209 N.E.3d 120 · Ohio Court of Appeals · Feb 21, 2023

She testified that she is qualified as a gang expert in the Butler County courts, and the trial court took judicial notice of this court upholding Detective Hughes' qualification as a gang expert in State v. … Trial courts have broad discretion to determine the facts that would establish venue. Id. at ¶ 144.

In re Z.P.

2017 Ohio 6987 · Ohio Court of Appeals · Jul 28, 2017

Although the youngest was not sufficiently able to express his wishes, he clearly indicated that he felt a part of the family with his father, siblings, and mother. … The court determined that the children no longer qualified for temporary custody. {¶37} Given our determination that the evidence supported a finding that the children should not be returned to their mother, and

Armstrong v. Duffy

90 Ohio App. 233 · Ohio Court of Appeals · Jun 11, 1951

At page 446, Abs, Skeel, J., speaking for this court, said: “The basic question here involved comes clearly within the sphere of the internal management of the Brotherhood. … A constitution and by-laws of an association cannot be made retroactive in its effects upon established rights. “4.

In Re Moyer, Unpublished Decision (1-12-2006)

2006 Ohio 85 · Ohio Court of Appeals · Jan 12, 2006

In such cases, the burden falls on the proponent of the witness to establish that the witness exhibits certain indicia of competency. This court established a test for determining competency in State v. … reviewing court is to examine the entire record, weigh the evidence and draw all reasonable inferences, consider the credibility of the witnesses and determine "whether in resolving conflicts in the evidence, the trier of fact clearly

State v. Morton

2021 Ohio 581 · Ohio Court of Appeals · Mar 4, 2021

Further, the distinction between “whining” and “wincing out in pain” was not significant enough to qualify as a misstatement intended to inflame the jury. … Generally, “[t]he extent and scope of cross-examination clearly fall within the ambit of trial strategy, and debatable trial tactics do not establish ineffective assistance of counsel.” State v.

State v. Warren

2013 Ohio 3542 · Ohio Court of Appeals · Aug 14, 2013

No. 12CA3324 7 resolving the conflicts in evidence, “clearly lost its way and created such a manifest miscarriage of justice that the conviction must … A knife qualifies as a deadly weapon; and it was brandished in accordance with R.C. 2911.01. See State v. Sims, 4th Dist. 10CA17, 2012-Ohio-238 ¶ 38 (demonstrating that a knife is considered a deadly weapon).

Gudin v. Western Reserve Psych. Hosp., Unpublished Decision (6-14-2001)

Ohio Court of Appeals · Jun 14, 2001

On September 8, 1998, the parties stipulated that appellant's three supervisors at the hospital, including Sharma, were entitled to civil immunity pursuant to R.C. 9.86 . … [Stipulation and agreed order vacating the August 20, 1998 Immunity Hearing, R. 21.] On July 10, 2000, the issue of liability was tried to the court.

State v. Stites

2020 Ohio 4281 · Ohio Court of Appeals · Sep 2, 2020

. {¶11} E.M. testified that she could clearly recall the last time See had sex with her: On January 1, 2012, E.M.’s friend had died the night before in a car accident, and See had sex with her to “cheer her up … Stites argues that the evidence was insufficient to establish that she aided or abetted K.S.’s rape. {¶68} K.S. testified that See had started engaging in sexual contact with her when she was approximately six years

Collier v. Bayless

2018 Ohio 3922 · Ohio Court of Appeals · Sep 28, 2018

The record establishes that Mother and Father have a shared parenting plan for G. ordered by the Montgomery County Juvenile Court. … Mother argues that Sheets was not identified as an expert witness, and was therefore not qualified to testify in that capacity.