Case law

Tamayo v. Stack Container Services, Unpublished Decision (4-29-2004)

2004 Ohio 2161 · Ohio Court of Appeals · Apr 29, 2004

There is also no dispute that Tamayo was qualified for the position of Stack's Safety Director. … Thus, the first and third prongs of the McDonnell Douglas test are clearly established. {¶ 22} Tamayo asserts he suffered an adverse employment action when Stack denied him a benefit that a similarly situated employee, who

Hil-Roc Condominium Owners v. Hwc Realty, Unpublished Decision (9-14-2006)

2006 Ohio 4770 · Ohio Court of Appeals · Sep 14, 2006

There was no writing to establish such authority, however. The lease had been in effect for one six-year term and a renewal term of the same duration. … That is, any qualifying words or phrases refer to the language immediately preceding the qualifier, unless common sense shows that it was meant to apply to something more distant or less obvious.

State ex rel. McIntyre v. McCarty

2025 Ohio 2065 · Ohio Court of Appeals · Jun 11, 2025

This reflects the well-established rule that the writ of prohibition provides a preventative rather than corrective remedy. State ex rel. Feltner v. Cuyahoga Cnty. … The answer to this question is clearly “Yes.”

City of Toledo v. State

130 N.E.3d 341 · Ohio Court of Appeals · May 3, 2019

Home Rule Element No. 2 - General Law {¶ 23} The second element of the home-rule analysis requires our determination as to whether the contested statutes qualify as “general laws” under the Canton general-law test … officer must examine evidence of an alleged traffic law violation recorded by the device to determine if a violation has occurred, and if the image shows a violation, contains the date and time of the violation, and clearly

State Ex Rel. v. Sch. Dist. Bd. of Edn.

161 Ohio App. 3d 696 · Ohio Court of Appeals · Jun 17, 2005

. {¶ 13} R.C. 3319.11 (B) provides that "[t]eachers eligible for continuing service status in any city, exempted village, local, or joint vocational school district or educational service center shall be those teachers qualified … Again, Kelley clearly holds that "a certified teacher who has attained continuing service status in one school district, and who has served at least two years as an administrator in a second school district, is entitled to

State v. Jacobs

2013 Ohio 1502 · Ohio Court of Appeals · Mar 28, 2013

Williams, who was qualified as an expert in bullet/projectile analysis, testified that the evidence she tested indicated the bullet fired had come from a .380 auto caliber or greater. … If the sentence is not clearly and convincingly contrary to law, we review it for an abuse of discretion.

State v. James

2022 Ohio 2040 · Ohio Court of Appeals · Jun 16, 2022

In order to establish plain error, James must demonstrate that, but for the error, the outcome of the trial would have been different. State v. … “An offense qualifies as a lesser included offense when ‘the greater offense as statutorily defined cannot be committed without the lesser offense as statutorily defined also being committed.’” State v.

Cooper v. Cooper

2015 Ohio 4048 · Ohio Court of Appeals · Sep 30, 2015

Furthermore, regarding the $79,390.00 sum, while the trial court was clearly critical of appellee's failure to produce written documentation of how these per diem funds were spent, the court rejected a recognition of such … Appellant directs us to her trial testimony that she had established this policy in 2006, prior to the parties' marriage. See Tr. at 414.

State v. Varney, 07ca4 (2-21-2008)

2008 Ohio 743 · Ohio Court of Appeals · Feb 21, 2008

As already stated, the parties agreed that Barber was qualified to testify as an expert witness regarding his investigation. … object to hearsay; inept cross-examination; failure to object to speculation; failure to rebut or provide expert testimony; general failures to object, and; general ineffective assistance of counsel. {¶ 26} In order to establish

State v. Collins

257 N.E.3d 341 · Ohio Court of Appeals · Oct 25, 2024

Money Regina spent at a casino was clearly not spent for her father’s benefit or in his “best interest”; it was a gift Regina made to herself from Harrell Sr.’s property. … She argues that the nursing homes are not appropriate recipients of restitution because they do not qualify as “victims” of her theft, within the meaning of Ohio’s financial-sanctions-and- restitution statute, R.C. 2929.18

State v. West, 05 Je 57 (9-24-2007)

2007 Ohio 5240 · Ohio Court of Appeals · Sep 24, 2007

The fact that he could not clearly identify Appellant in the courtroom is not crucial to his testimony. … the issue which is to be established before them.

Adams v. Romine

130 N.E.3d 1050 · Ohio Court of Appeals · Feb 11, 2019

The Ohio Supreme Court has stated the intent of the General Assembly in enacting the Landlord-Tenant Act is “to provide tenants with greater rights and to negate the previous tort immunities for landlords.” … First, Appellant’s claim clearly could have been filed as a counterclaim in the forcible and detainer action.

Lakkapragada v. Lakkapragada

2014 Ohio 331 · Ohio Court of Appeals · Jan 31, 2014

the Guardian has had no contact and/or information whatsoever from Neelima herein. {¶ 40} In Neelima’s absence, no evidence was adduced at trial contrary to Madhav’s testimony, which the trial court clearly … Finally, Neelima established a residence outside of the country and ignored the court’s order that she return the child.

In re T.F.

2010 Ohio 4773 · Ohio Court of Appeals · Sep 21, 2010

These comments clearly establish that the court operated under the mistaken assumption that it was required to conduct a juvenile offender registrant hearing. … No. 1-07-58, 2008-Ohio-3234, at ¶31. {¶25} In this case, the court clearly did not realize that it had discretion in determining T.F.’s juvenile offender registrant classification.

State v. Rex, Unpublished Decision (3-31-2005)

2005 Ohio 1674 · Ohio Court of Appeals · Mar 31, 2005

Appellant has not indicated in his motion that there is any basis for concluding that this report could not qualify as prima facie evidence. {¶ 11} Therefore, this proposed assignment of error cannot be the basis for reopening … In order to permit meaningful appellate review, the "* * * trial court must clearly align each rationale with the specific finding to support its decision to impose consecutive sentences."

State v. Daboni

2018 Ohio 4155 · Ohio Court of Appeals · Oct 5, 2018

Our resolution of Appellant's fourth assignment of error is, however, qualified by our disposition of Appellant's first assignment error, which reversed the imposition of the eight-year prison term imposed for the sole … DABONI’S MAXIMUM POSSIBLE SENTENCE ON ALL COUNTS IS NOT CLEARLY AND CONVINCINGLY SUPPORTED BY THE RECORD.” Meigs App.

State v. Myers

2026 Ohio 1303 · Ohio Court of Appeals · Apr 10, 2026

Clearly, Myers failed to meet this standard. … ) matching hair samples to establish identity, and (3) interpreting strangulation 116 marks to establish identity.”

State v. Blake

2026 Ohio 1769 · Ohio Court of Appeals · May 14, 2026

“Prejudice must be established ‘on the face of the record.’” Willard at id., quoting Dangler at ¶ 24. In State v. … Likewise, Dangler does not qualify that a defendant need only be informed of the mandatory components of the maximum penalty.

State v. Smith, Unpublished Decision (7-1-2004)

2004 Ohio 3479 · Ohio Court of Appeals · Jul 1, 2004

Supreme Court reversed the Supreme Court of Arizona, which had held that additional facts found by the judge qualified as sentencing considerations, not as "elements of the offense of capital murder." At 588. … McCoy, however, is clearly distinguishable. It dealt with the enhanced penalty under the major drug offender specification.

Surman v. Ohio & Pennsylvania Oil & Gasoline Co.

116 Ohio App. 453 · Ohio Court of Appeals · Dec 5, 1962

Many of the business establishments face this public.square. U. S. … The last figure is based clearly on speculation without any relative soil corrosion figure.