Case law

State v. Smith, Unpublished Decision (3-31-2000)

Ohio Court of Appeals · Mar 31, 2000

As a result, he was asked to leave the establishment by owner, Frank Lombardo. … The burden of proof is on Appellant to establish a privilege. State v. Foster (Sept. 17, 1997), Seneca App. No. 13-97-09, unreported.

State v. Whisenant

127 Ohio App. 3d 75 · Ohio Court of Appeals · Mar 27, 1998

The Taylor court also appeared to adopt a factors test established in State v. … Again, the evidence clearly established that appellant removed Davis from the front porch and confined her to the bathroom in the mobile home for the purpose of completing his malicious plot to torture and murder her.

State ex rel. Gwiazda v. Indus. Comm.

2016 Ohio 5153 · Ohio Court of Appeals · Jul 28, 2016

Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus. … (Relator's Brief, 11-12.) {¶ 28} In order to qualify for a loss of use award, relator was required to present medical evidence demonstrating that, for all intents and purposes, he had lost the use of his left upper

State v. Eversole

2017 Ohio 8436 · Ohio Court of Appeals · Nov 6, 2017

Clearly, there is a divergence in federal and state case law deciding which approach to apply, especially with respect to OVI offenses. … Moore, 90 Ohio St.3d 47, 2000-Ohio-10 (“The smell of marijuana, alone, by a person qualified to -48- Case No. 15-17-03 recognize the odor, is sufficient to establish probable

Ayers v. City of Cleveland

99 N.E.3d 1269 · Ohio Court of Appeals · Nov 16, 2017

R.C. 2744.07(A)(2). {¶ 62} The statute clearly does not allow for the City to finance the liable employees' personal bankruptcies in lieu of indemnifying them. … The court correctly recited that R.C. 2744.07(A)(2)"does not remove a political subdivision's immunity; rather, it obligates the political subdivision to indemnify its employees if they are found liable for a good faith act

Lane v. Bur. of Workers' Comp

2012 Ohio 209 · Ohio Court of Appeals · Jan 20, 2012

Relying on medical records of Doctors Hoffman and Finneran, who discussed only a pre-existing degenerative condition, the officer concluded that while the arrest records clearly demonstrated a prior shoulder injury, there … The court noted that qualifying employers are permitted to pay claims directly to injured employees and, thus, become self-insurers who pay no premiums to the State Insurance Fund. Id. at 205.

State v. Wilson

2026 Ohio 216 · Ohio Court of Appeals · Jan 23, 2026

. {¶ 27} Lori Blevins is a registered nurse and is qualified as a Sexual Assault Nurse Examiner (“SANE”). … if the appellate court concludes that the jury clearly lost its way in resolving conflicts in evidence or created a manifest miscarriage of justice may the court reverse a conviction and order a new trial.”

State Ex Rel. Tri County Bus. v. Croley, Unpublished Decision (11-17-2005)

2005 Ohio 6107 · Ohio Court of Appeals · Nov 17, 2005

The medical evidence in file establishes that, although there was some bone involvement, the amputation was located at the tip of the thumb. … Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus.

Fox v. Huron City School Dist. Bd. of Edn.

2017 Ohio 7984 · Ohio Court of Appeals · Sep 29, 2017

The common pleas court abuses its discretion where its decision is clearly erroneous in that it was a misapplication of the law to the facts of the case. Ohio Civ. Rights Comm. v. Case W. Res. … Past practice only qualifies as an agreement if the person was hired before April 15, 1986. 29 CFR 553.21(o)(2)(B). Fox was not entitled to compensatory time for his weekend travel.

Westgate Shopping Village v. City of Toledo

93 Ohio App. 3d 507 · Ohio Court of Appeals · Mar 11, 1994

Clearly, signs, and the regulation of them, affect the entire citizenry of a municipality. … “(c) A traffic survey prepared by qualified experts indicating the effect of the proposed shopping center on adjacent streets and also indicating the anticipated points of origin and direction and the amount of traffic flow

Deutsche Bank Natl. Trust Co. v. Thomas

2025 Ohio 4856 · Ohio Court of Appeals · Oct 23, 2025

In that case, we stated that an account must “ ‘begin[] with a balance, preferably at zero, or with a sum recited that can qualify as an account stated, but at least the balance should be a provable sum.’ ” Id. at 715, quoting … In this case, Deutsche Bank contends that it established both of these grounds for a new trial.

State v. Brunson, Unpublished Decision (5-27-2004)

2004 Ohio 2874 · Ohio Court of Appeals · May 27, 2004

Code 3701-53-09 (D) sets forth the requirements a permit holder must satisfy in order to qualify for renewal of the permit. … It states: "(D) To qualify for renewal of a permit under paragraphs (A) or (B) of this rule: (1) A permit holder shall present evidence satisfactory to the director that he or she continues to meet the qualifications established

State v. Agee

2021 Ohio 489 · Ohio Court of Appeals · Feb 23, 2021

Moreover, we recognize that constructive possession of a weapon, even absent actual physical possession, may be established by a totality of evidence establishing an accomplice relationship … At trial, Brooks stipulated that he was under a qualifying disability and was prohibited from possessing a firearm. {¶ 67} Due to the stipulation, the court found the only relevant question was whether Brooks "had

State v. Jones, 2008-P-0018 (12-31-2008)

2008 Ohio 6994 · Ohio Court of Appeals · Dec 31, 2008

Appellant provided supplemental written materials as well as testimony from John Wesley Hall ("Hall"), an attorney qualified as an expert witness in legal ethics. 4 *Page 4 {¶ 8} Pursuant to its January 7, 2008 judgment entry … *Page 5 {¶ 14} The Ohio Code of Judicial Conduct establishes standards for the ethical conduct of judges.

State v. Rosales

2018 Ohio 197 · Ohio Court of Appeals · Jan 19, 2018

Moreover, an imposed sentence cannot be reversed unless it is contrary to law or the record clearly and convincingly fails to support the sentence. State v. … But even if that were not sufficient to qualify as a motion, Rosales would remain free to challenge his court costs at any time, even after sentencing, pursuant to R.C. 2947.23(C).

Charvat v. Telelytics, Unpublished Decision (8-31-2006)

2006 Ohio 4592 · Ohio Court of Appeals · Aug 31, 2006

As the 2003 TCPA Order explained, a professional telemarketer conducting commercial telemarketing activities cannot "immunize itself by simply inserting purportedly `non-commercial' content into that message." Id. … They further eliminate the established tax-exempt non-profit organization exemption expressly codified in the TCPA's regulations and nullify the FCC's decision that tax-exempt non-profit organizations should be exempt from

State v. Zonars

2014 Ohio 2023 · Ohio Court of Appeals · May 13, 2014

We do not find the evidence weighs heavily against appellant's convictions, the jury clearly lost its way, or a manifest miscarriage of justice occurred. … He still was under paper to me, being one of the qualifiers. I think it's important to note that on the record.

Derrit v. Derrit

163 Ohio App. 3d 52 · Ohio Court of Appeals · Sep 9, 2005

Appellant argued that the divorce decree was not final and appealable because a Qualified Domestic Relations Order (“QDRO”) had not yet been issued. … The entry fails to establish whether the court’s basis for ordering such an award was financial misconduct.

Wilms v. Klein

38 Ohio Law. Abs. 45 · Ohio Court of Appeals · Aug 10, 1942

There is no evidence that these examinations were infrequent when gauged by any established standard or that the examinations, though frequently made, lacked the thoroughness required by established standards of a higher … Now the word “frame” without any qualifying or limiting modifier would be broad enough to include metal cross pieces under and supporting the floor of this elevator.

State v. Woodburn, Unpublished Decision (3-23-1999)

Ohio Court of Appeals · Mar 23, 1999

The General Assembly clearly established its intent and purpose when it included the following language under R.C. 2950.02 (B): "The general assembly hereby declares that, in providing in this chapter for registration regarding … All counts which appellant was convicted upon qualified as sexually oriented offenses under R.C. 2950.01 (D).