Case law

State v. Clark, Unpublished Decision (9-28-1999)

Ohio Court of Appeals · Sep 28, 1999

issue which is to be established before them. … "Privilege," as relevant here, "means an immunity, license , or right conferred by law, bestowed by express or implied grant * * *." (Emphasis added.) R.C. 2901.01 (A)(12).

W. E. Anderson Sons Co. v. Local Union No. 311

59 Ohio Law. Abs. 5 · Ohio Court of Appeals · May 1, 1950

That he was actually engaged in the controversy clearly appears. … Texas has deemed it desirable to insulate from the dispute-an establishment which industrially has no connection with the dispute.

State v. Sandifur

2024 Ohio 2414 · Ohio Court of Appeals · Jun 25, 2024

However, she qualified her testimony by saying that she did not think she was close enough to smell alcohol, she “mostly talked to” the woman, and she could not “see well [because] we have a lattice fence and you can’t … the witnesses, and determine whether the jury clearly lost its way in resolving evidentiary conflicts so as to create such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.

Combs v. Baker, Unpublished Decision (12-3-2001)

Ohio Court of Appeals · Dec 3, 2001

As a passenger in a car that strayed from the roadway onto appellees' property, he was clearly not there by invitation, permission, or acquiescence of appellees. … In contrast, a "qualified" nuisance is premised upon negligence.

Lambert v. Wilkinson, 2007-A-0032 (6-13-2008)

2008 Ohio 2915 · Ohio Court of Appeals · Jun 13, 2008

While appellant was attempting to establish that a habitual response occurred on a particular occasion, the proffered testimony of Ms. Throop and Ms. Taggart was too remote in time; the practice of Dr. … Brant filled out an application to be a qualified provider under Qualchoice, he indicated that his medical license had never been suspended.

Simpson v. Simpson

2013 Ohio 2301 · Ohio Court of Appeals · May 30, 2013

marriage” means the period of time between those dates selected and specified by the court. {¶26} Courts should be reluctant to use a de facto termination of marriage date unless the evidence clearly … 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

City of Toledo v. Beatty

169 Ohio App. 3d 502 · Ohio Court of Appeals · Sep 1, 2006

We are also unpersuaded by the city’s argument that it would qualify as a “private employer,” thereby enabling it to prohibit the carrying of concealed handguns in city parks, pursuant to R.C. 2923.126(C)(1). … If the result affects only the municipality itself, with no extraterritorial effects, the subject is clearly within the power of local self-government and is a matter for the determination of the municipality.

State v. Cantrill

2020 Ohio 1235 · Ohio Court of Appeals · Mar 31, 2020

Indeed, the record clearly demonstrates that the prosecutor, especially, made a sincere effort to treat Cantrill with dignity, and clearly conveyed this sentiment to the jury. … There is no stipulated exhibit of record, establishing the disability element.

In re Avon Skilled Nursing & Rehab.

2019 Ohio 3790 · Ohio Court of Appeals · Sep 19, 2019

Thus, to qualify under section 737.10, the closed facility (which may or may not be an "existing long-term care facility" at the time of filing the CON application, depending on whether long-term care services had been provided … No. 16AP-867, 2017-Ohio-7038, ¶ 7. {¶ 46} The one-subject rule of the Ohio Constitution provides that "[n]o bill shall contain more than one subject, which shall be clearly expressed in its title."

Stickelman v. Harrison Township Board of Zoning Appeals

148 Ohio App. 3d 190 · Ohio Court of Appeals · Jun 7, 2002

Consequently, under the board’s own interpretation, the Stickelmans’ existing home would not qualify as a “new lot” and there would be no barrier to severing 20 acres as a site for another home. {¶ 22} We note that the zoning … In this regard, Section 1003, Article X of the Harrison Township Zoning Regulations establishes guidelines for appeals and variances.

In re T.W.

112 N.E.3d 527 · Ohio Court of Appeals · Aug 16, 2018

Although mother’s observations regarding her child’s behavioral characteristics are admissible, the relevancy of such testimony is limited absent an expert qualified to explain the significance of the noted observations … The reviewing court must consider all the evidence in the record, the reasonable inferences, and the credibility of the witnesses to determine “‘whether in resolving conflicts in the evidence, the jury clearly lost its

Owusu v. Hope Cancer Ctr. of Northwest Ohio, Inc.

2011 Ohio 4466 · Ohio Court of Appeals · Sep 6, 2011

We find that the facts before the trial court clearly established that: -15- Case No. 1-10-81 (1) HCC had a legitimate business interest to protect, and the covenant was reasonably … The Bonus Addendum clearly states that a “Minimum Bonus of $50,000.00 will be guaranteed for years 1 and 2 of employment.” (Emphasis added.)

State v. Winton

2017 Ohio 6908 · Ohio Court of Appeals · Jul 21, 2017

The evidence further established that she was not injured prior to going to Winton’s home. … However, his statements were qualified by his statements that he wanted to cooperate and that he was willing to be interviewed without an attorney.

State v. Rooney, Unpublished Decision (7-1-1999)

Ohio Court of Appeals · Jul 1, 1999

Clearly, this testimony is just factual testimony by a lay witness. … The Staff Notes to Evid.R. 803 (2) list factors the court must consider in determining whether a statement qualifies as an excited utterance: "To qualify as an excited utterance consideration must be given to (a) the lapse

Franklin Cty. Sheriff's Dept. v. SERB

5 Ohio App. Unrep. 296 · Ohio Court of Appeals · Aug 28, 1990

The phrase "other proceedings instituted by SERB" clearly would include SERB'S investigation of an unfair labor practice charge. … Under their argument E, the department contends that the common pleas court erred in finding that the evidence established a violation of R.C. 4117.11(A) (8).

State v. Urbina, 4-06-21 (3-10-2008)

2008 Ohio 1013 · Ohio Court of Appeals · Mar 10, 2008

Instead, Urbina focused on establishing that someone else sold the drugs. … Urbina filed an affidavit of *Page 25 indigency in order to qualify for court-appointed counsel prior to this case progressing to trial.

State v. Pruitt

2025 Ohio 1557 · Ohio Court of Appeals · May 1, 2025

Count one is a qualifying felony of the second degree under a law called the Reagan Tokes Law. … Tr. 46-49. {¶28} The record clearly shows that the trial court complied and made the required pronouncements at sentencing.

State v. Adams

2022 Ohio 1258 · Ohio Court of Appeals · Apr 15, 2022

“Plain error does not exist unless it can be said that but for the error the outcome of the trial clearly would have been otherwise.” State v. … present after the objection by the defense, the State agreed with Adams that the testimony offered by M.P. was inadmissible as it qualified as testimony regarding his prior sexual conduct

In re Jd.R.

2017 Ohio 2940 · Ohio Court of Appeals · May 23, 2017

" from prison was to be June 29, 2016, three months after her testimony, because she had 4 See R.C. 2951.041.  6 No. 16AP-364 qualified … Clear and convincing evidence is that degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the facts to be established. Cross v.

State v. Wright

2022 Ohio 1786 · Ohio Court of Appeals · May 27, 2022

Moreover, the record does not establish that defense counsel failed to consult with any experts outside of trial. … Wright asserts that there may have been sufficient evidence to establish acts in one of the timeframes, but not both.