Case law

State v. Thomas

240 N.E.3d 1061 · Ohio Court of Appeals · Apr 22, 2024

Geurkink and Rector were both wearing standard police uniforms that clearly identified them as law enforcement officers. … established the basis of her knowledge of the information contained in the calls.

In Re Suitability of Young

70 Ohio App. 3d 269 · Ohio Court of Appeals · Nov 8, 1990

A related provision, Ohio Adm.Code 1301:5-3-03, establishes standards for approval and rejection of brokerage business names. … Thus, misconduct was established and there was no abuse of discretion.

State v. Henderson

2020 Ohio 6 · Ohio Court of Appeals · Jan 3, 2020

Plain error exists when but for the error the outcome of the trial clearly would have been otherwise. Id. … There is no reason personal to Juror X established on this record for her removal. No misconduct or partiality was established.

State v. Bolen

2016 Ohio 7821 · Ohio Court of Appeals · Nov 21, 2016

As noted by the trial court in its judgment entry overruling Bolen’s motion to suppress, the Supreme Court of Ohio has found that “[t]he smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient … to establish probable cause to conduct a search.”

State ex rel. Yost v. Hastings Dairy, L.L.C.

2025 Ohio 1900 · Ohio Court of Appeals · May 27, 2025

professional engineer to properly design and/or repair this levee to prevent seepage of manure by August 30, 2020; place a staff gauge or other permanent marker in the large manure storage pit by August 30, 2020, that would clearly … hearing, the trial court issued an order finding Hastings in contempt, but ordering that, as an alternative to completely emptying the large manure storage pit, and as part of new purge conditions, Hastings could employ a qualified

State v. Didion

173 Ohio App. 3d 130 · Ohio Court of Appeals · Sep 4, 2007

However, there was no evidence to indicate that Sauber was qualified to value the cost of auto repairs or personal property she had never seen. … Likewise, it did not clearly state which version of R.C. 2929.18(A)(1) was applicable.

State ex rel. Phlipot v. Doug Smith Farms

2024 Ohio 5820 · Ohio Court of Appeals · Dec 12, 2024

An SHO found no violation, determining that the spindle-starting lever qualified as an acceptable means of disengaging the machine from its power supply under Ohio Adm.Code 4121:1-5-05(D)(1) because it started and stopped … The VSSR was clearly established unless the honorable court engages in a tortuous interpretation of what a power supply is. We are not willing to do so. State ex rel. Hina v. Indus.

Evans v. Jeff Wyler Chrysler Jeep Dodge Ram of Springfield

111 N.E.3d 901 · Ohio Court of Appeals · May 4, 2018

attached to an affidavit containing the proper authentication.” {¶ 20} In response, Wyler notes that Evans did not “attempt to dispute the factual accuracy” of the data in Exhibit D, and Wyler asserts that Evans “clearly … But that fact alone, as a matter of law, is not a sufficient basis to establish liability.”

State v. Brown

2017 Ohio 678 · Ohio Court of Appeals · Feb 27, 2017

2011-Ohio-3383, 2011 WL 2640236, ¶ 23, to stand for the proposition that “an explanation of circumstances is not satisfied by a presumption that the [trial] court was aware of facts”). {¶13} In this case, Brown clearly … qualified the plea he tendered to the court and did not engage in any conduct that would signal to the court that Brown had an intention to waive the explanation of circumstances requirement.

State v. Schlee

2014 Ohio 5765 · Ohio Court of Appeals · Dec 31, 2014

Schlee contends that two affidavits filed in conjunction with his motion establish he is entitled to a new trial based on new evidence, Crim.R. 33(A)(6). … This was clearly before the defense even began to present its case to the jury. {¶36} “Therefore, this also did not qualify as newly discovered evidence since it existed during the course of the trial.

State v. Gonzalez

154 Ohio App. 3d 9 · Ohio Court of Appeals · Aug 22, 2003

Riegler testified that Gonzalez was experiencing several life-threatening illnesses caused by his weakened immune system. … Even if the medical records and the medical testimony had been properly excluded from evidence, the state could still have called any number of witnesses, such as Gonzalez’s sister or ex-girlfriend, to establish that Gonzalez

Combs v. Black, Unpublished Decision (5-16-2006)

2006 Ohio 2439 · Ohio Court of Appeals · May 16, 2006

The trial court ruled earlier in the case that emotional distress did not qualify as bodily injury under the terms of the insurance policy. … The trial court rendered a judgment on June 20, 2004 that emotional distress did not qualify as bodily injury.

State v. Ortega, 22056 (3-14-2008)

2008 Ohio 1164 · Ohio Court of Appeals · Mar 14, 2008

. {¶ 17} It is well-established by courts in Ohio that "a finding of guilty on a principal charge but not guilty on a specification attached to the charge does not render the verdict inconsistent and thus invalidate the guilty … evidence, an appellate court "must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact `clearly

State v. Petty, 2007ca00050 (11-17-2008)

2008 Ohio 5962 · Ohio Court of Appeals · Nov 17, 2008

In order to prevail under a plain error analysis, appellant bears the burden of demonstrating that the outcome of the trial clearly would have been different but for the error. Long. … T. at 23. {¶ 107} We find sufficient credible evidence to establish beyond a reasonable doubt the crime of tampering with evidence.

State v. Lane

202 N.E.3d 45 · Ohio Court of Appeals · Oct 24, 2022

Standards for Sufficiency-of-the-Evidence and Manifest-Weight Review {¶7} Manifest “weight of the evidence and sufficiency of the evidence are clearly different legal concepts.” … Because (1) Lane was sentenced on more than one felony, (2) possession of cocaine in violation of R.C. 2925.11(A), (C)(4)(e) is a qualifying felony of the first degree, and (3) the court ordered the prison terms for Count

State v. Grant, Unpublished Decision (1-19-2006)

2006 Ohio 177 · Ohio Court of Appeals · Jan 19, 2006

The State counters that the evidence established that the victim was substantially impaired by the physical condition of being asleep. … Applying these definitions, sleep qualifies as a mental or physical condition. It is well settled that sleeping qualifies as a substantial impairment. I.e., Byrd, supra; State v. Tolliver (July 31, 1997), Cuyahoga App.

Thomas v. Bur. of Workers' Comp.

2016 Ohio 7246 · Ohio Court of Appeals · Oct 7, 2016

Under Ohio law, “where the supplier of the hearsay information fails to qualify under the rule then the evidence is inadmissible, despite the fact that the recorder may be qualified.” McCormick v. … , that fact is deemed established and may not be controverted at trial.”

State v. Mills

2011 Ohio 5793 · Ohio Court of Appeals · Nov 9, 2011

Appellant must establish the following: {¶ 100} "2. … T. at 867. {¶ 119} Sandra's comment was her insight into her own son's personality which could actually qualify as a lay witness opinion.

In re V.J.P.

2021 Ohio 1778 · Ohio Court of Appeals · May 24, 2021

However, he has established a bond with his caregivers, with whom he has resided since his release from the hospital. … The testimony and documentary evidence described above establishes that Ms. Gore and Mr.

William Powell Co. v. OneBeacon Ins. Co.

162 N.E.3d 927 · Ohio Court of Appeals · Nov 18, 2020

Thus, two types of insurance policies qualify as underlying insurance: (1) any insurance policy scheduled in the Schedule of Underlying Insurance Policies attached to policies, and (2) unscheduled insurance policies applicable … An abuse of discretion may also be found when the trial court “applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Thomas v.