Case law

In Re Lander, Unpublished Decision (6-26-2000)

Ohio Court of Appeals · Jun 26, 2000

It is well-established that an adjudication by a juvenile court that a child is "neglected" or "dependent" as defined in R.C. … Appellant's reply can hardly qualify as an affirmative waiver of her right to counsel.

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State v. Vfw Post 431, Unpublished Decision (6-30-2004)

2004 Ohio 3566 · Ohio Court of Appeals · Jun 30, 2004

To qualify as a charitable organization, an organization, except a volunteer rescue service or volunteer fire fighter's organization, shall have been in continuous existence as such in this state for a period of two years … To determine whether an organization qualifies to engage in charitable gambling, the applicable statutes refer to the Internal Revenue Code. In State v.

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. 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.

Thomas v. Thomas, Unpublished Decision (4-26-2001)

Ohio Court of Appeals · Apr 26, 2001

Clearly, a significant percentage of this property settlement was liquid assets which were available to [the defendant], and upon which investment income was available and expected. … the [defendant's] account(s) are established.

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.

State v. Marshall

2022 Ohio 1533 · Ohio Court of Appeals · May 6, 2022

To qualify under the plain view exception, “it must be shown that (1) the initial intrusion which afforded the authorities plain view was lawful; (2) the discovery of the evidence was inadvertent; and (3) the incriminating … bag containing the white substance was clearly illegal. On the video, the police chief, referring to the contents of the bag says, “I think that’s salt.”

Gm Tanglewood v. Tanglewood Partners, Unpublished Decision (12-20-2002)

Ohio Court of Appeals · Dec 20, 2002

R.C. 2505.04 clearly states that to perfect an administrative appeal and vest the common pleas court with jurisdiction, the notice must be filed with the administrative agency involved in the decision. … The fact that the individual members of the BZA, as a group, did not approve appellant's application is insufficient by itself to establish the existence of a genuine factual issue suitable for trial.

State v. Johnson

2023 Ohio 1367 · Ohio Court of Appeals · Apr 27, 2023

In the recording, Johnson clearly says, “He pulled the gun out and I pulled the trigger”; she said she had the gun in her hand. … There was no ineffective assistance of counsel and there was no plain error in the trial court’s qualifying Ti.J. as a competent witness.

State v. Moore

161 Ohio App. 3d 778 · Ohio Court of Appeals · Jun 24, 2005

The statute lists these as two separate findings, when one finding clearly encompasses the other. … Appellant concedes that his own direct actions qualified as separate acts of oral, anal, and vaginal rape.

State ex rel. Media & Democracy Ctr. v. Atty Gen.

2023 Ohio 364 · Ohio Court of Appeals · Feb 8, 2023

RFP 11 contains a plethora of search terms that are clearly what the magistrate references in the order. … He argues that "[t]he record in this case establishes that the Attorney General and Chief of Staff do not maintain public records on their personal accounts." Id.

Moore v. Moore, Unpublished Decision (11-24-1997)

Ohio Court of Appeals · Nov 24, 1997

The Defendant clearly perjured herself since the testimony of a private investigator offered testimony and photographic exhibits which clearly placed her in and around the residence of Mr. … Moore be entitled to her share of her husband's pension pursuant to a qualified order. The referee recommended that Mrs.

Griffin v. Twin Valley Psychiatric Sys., Unpublished Decision (12-23-2003)

2003 Ohio 7024 · Ohio Court of Appeals · Dec 23, 2003

to the dispute resolution process outlined in section 3.10 of this Agreement. {¶ 43} In construing the language of the agreement, the Court of Claims found that the "overall import of the United [sic] Services Agreement clearly … Warren also testified that appellee properly addressed those risk factors, including: establishing an optimal medication regimen; educating the patient on his need to take medication and verifying from the patient that he

Ebbinghaus v. Ebbinghaus, 2008-G-2853 (3-6-2009)

2009 Ohio 1000 · Ohio Court of Appeals · Mar 6, 2009

the acquisition of a professional degree of 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 … By enacting R.C. 3105.18 (E), the General Assembly clearly chose to leave the decision of whether to reserve jurisdiction to modify spousal support to the trial court's sound discretion.

Green Tree Servicing, L.L.C. v. Asterino-Starcher

97 N.E.3d 525 · Ohio Court of Appeals · Mar 15, 2018

that the person who demands payment of a negotiable note * * * is the duly qualified holder. … The sole indorsement is not entirely legible on the copy in the record but clearly enough states "pay to bearer."

State v. Taylor

215 N.E.3d 657 · Ohio Court of Appeals · May 26, 2023

(Aug. 22, 1997). {¶ 15} Contrastingly, deciding “which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified … Tr. at p. 506 and 508. {¶ 116} The basis for imposing some degree of consecutive sentences is clearly and convincingly supported by the record.

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.

American Mfr. Mut. Ins. v. Kurtz, Unpublished Decision (11-29-2005)

2005 Ohio 6452 · Ohio Court of Appeals · Nov 29, 2005

He clearly was not occupying a covered auto. … We have already established that Appellee is not an insured under the BAP.

Bryant Health Care Ctr., Inc. v. Ohio Dept. of Job & Family Servs.

2014 Ohio 92 · Ohio Court of Appeals · Jan 14, 2014

The statute required providers to prepare the annual cost report in accordance with administrative rules established by the Department, e.g., Ohio Adm.Code 5111-3-3-20. 2 For an extensive discussion of the history and … Clearly, appellant prefers the hearing examiner's reasoning over that of the Department.