Case law

State v. Woodburn, Unpublished Decision (3-23-1999)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

Minter v. Cuyahoga Community College, Unpublished Decision (2-17-2000)

Ohio Court of Appeals · Feb 17, 2000

Nevertheless, assuming arguendo, that plaintiff has satisfied her initial burden to establish a prima facie case because she is a minority female, arguably qualified for the assistant vice-president position, who did not … In order for plaintiff to establish a prima facie case of racial discrimination in salary differentials, she must show that: (1) she was a member of a protected class; (2) she was qualified for the position held; (3) she

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. McMillen, 2008-Ca-00122 (1-20-2009)

2009 Ohio 210 · Ohio Court of Appeals · Jan 20, 2009

that, "but for the error, the outcome of the trial clearly would have been otherwise." … that, "but for the error, the outcome of the trial clearly would have been otherwise."

Pirock v. Crain

152 N.E.3d 842 · Ohio Court of Appeals · Mar 9, 2020

However, at the motion hearing, the trial court heard testimony and engaged in a colloquy with the plaintiffs’ counsel that clearly indicated it intended to rule on Frederick’s motion to dismiss based on the plaintiffs … The transcript qualifies as Civ.R. 56(C) evidence as a “transcript of evidence.”

State v. Jones

2019 Ohio 2134 · Ohio Court of Appeals · May 30, 2019

The photographs were relevant to establishing the injuries Ms. Ferriman sustained in the fire. In addition, the photgraphs clearly were not duplicative, as they depicted Ms. … Ferguson's testimony was relevant to establishing that no one in Ms.

In re S.T.

2020 Ohio 8 · Ohio Court of Appeals · Jan 3, 2020

Plain error does not exist “unless, but for the error, the outcome of the trial clearly would have been otherwise. … witness may testify as an expert if “(A)The witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified

State v. Mitchell

87 Ohio App. 3d 484 · Ohio Court of Appeals · Apr 15, 1993

it is a cardinal principle that ‘searches conducted outside the judicial process, without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established … We are not convinced that a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise be entitled.” In United States v.

State ex rel. Watkins v. St. Clare Retirement Community

2016 Ohio 3136 · Ohio Court of Appeals · May 24, 2016

The SHO determined that relator's high school education and her satisfactory completion of vocational training to become a nurse aide in conjunction with her ability to read, write, and perform basic math, qualified her to … 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.

State v. Conner

2023 Ohio 1220 · Ohio Court of Appeals · Apr 13, 2023

Conner notes in his appellate brief that “[i]f Reagan Tokes did apply, the trial court’s stated sentences on the two ‘qualifying felonies’ * * * would presumably be treated as the minimum terms of imprisonment for those offenses … In this case, the transcript from the change-of-plea hearing clearly shows that defense counsel agreed that the involuntary manslaughter and felonious assault counts in 661269 would not merge.

Bracken v. Wagner

74 Ohio Law. Abs. 85 · Ohio Court of Appeals · May 9, 1956

Bracken brought an action in Common Pleas Court, being Case No. 668937, against Charles Egler to establish a trust and another action against David E. … Dugan et al, 29 Oh St 230, the Supreme Court of Ohio clearly states that the interests of an intestate in real property passed directly, upon his death, to his heirs. In paragraph one of the syllabus the court said: “1.

State v. Myers

2021 Ohio 631 · Ohio Court of Appeals · Mar 8, 2021

The trial court dismissed the ground, finding that Myers "failed to establish sufficient operative facts to establish substantive grounds for relief." … As her affidavit clearly indicates, Dr.

State v. Shepard, Unpublished Decision (4-5-2002)

Ohio Court of Appeals · Apr 5, 2002

The Ohio Supreme Court has clearly indicated that the applicable standardized test procedures are set forth in the DWI Detection Standardized Field Sobriety Testing Student Manual (2000), published by the National Highway … Homan, supra, it is the State's burden to establish that those tests were performed in strict compliance with the manual.

Peleg v. Spitz, Unpublished Decision (11-29-2007)

2007 Ohio 6304 · Ohio Court of Appeals · Nov 29, 2007

Hyatt Legal Services (1989), 44 Ohio St.3d 175 , those cases are clearly distinguishable. … This is distinguishable from the current case where Peleg's status as a beneficiary was not clearly established at the time of the purported malpractice. Mrs. Newman reserved the right to change beneficiaries.

Dist. 1199 v. State E.R.B., Unpublished Decision (6-30-2003)

Ohio Court of Appeals · Jun 30, 2003

There is no dispute in this matter that the grievance filed by Perkins qualified as a class grievance pursuant to Article 7.04 of the CBA. … Again, I believe the record clearly shows that the CBA provides that the mediator was qualified only to render an unofficial, nonbinding opinion. {¶ 59} According to SERB, "[a]bsent justification or excuse, a union's negligent

Sherock v. Ohio Mun. League, Unpublished Decision (3-29-2004)

Ohio Court of Appeals · Mar 29, 2004

Since Anne's vehicle was hired by the city, it cannot qualify as a "Non-Owned Auto" for the purposes of UM/UIM coverage. … The phrase clearly refers to employees who receive any sort of compensation or remuneration for the use of their vehicles on behalf of the city's business.

State v. Hull, Unpublished Decision (4-26-1999)

Ohio Court of Appeals · Apr 26, 1999

The Ohio Constitution and Ohio Revised Code unequivocally establish that a "legally qualified voter" must be a United States citizen. … Clearly, R.C. 3599.12 does not violate the overbreadth doctrine. We find that R.C. 3599.12 withstands the test for vagueness.

State v. McDonald

2014 Ohio 989 · Ohio Court of Appeals · Mar 17, 2014

Clear and convincing evidence is evidence "which will produce in the mind of the trier of facts a firm belief or conviction as to the allegations sought to be established." Id., citing Cross v. … Furthermore, appellant's classification was clearly not applied retroactively. Megan's Law was in existence prior to appellant's commission of the sexual offenses and convictions.

State v. Misch

101 Ohio App. 3d 640 · Ohio Court of Appeals · Mar 10, 1995

Plain error is an obvious error or defect in the trial court proceedings, affecting substantial rights, where, “but for the error, the outcome of the trial clearly would have been otherwise.” State v. … The effectiveness of counsel not qualified under this rule must be judged under the standard set forth in Strickland v.

Wray v. Stvartak

121 Ohio App. 3d 462 · Ohio Court of Appeals · Jun 27, 1997

Appellant further asserts that Ohio courts have clearly held that business income is not compensable in an appropriation proceeding. … There is competent credible evidence upon which a jury could rely to establish that the flooding on appellees’ property is continual and resulted from appellant’s appropriation.