Case law

State v. King, Unpublished Decision (7-18-2006)

2006 Ohio 3922 · Ohio Court of Appeals · Jul 18, 2006

In accordance with the Supreme Court's holding in Said, this was clearly error. However, in our view such error was harmless in light of the testimony of Nina Sutton. … Admittedly, more expertise than this would have been necessary to qualify her as a medical expert.

State Ex Rel. Jenkins v. City of Cleveland

82 Ohio App. 3d 770 · Ohio Court of Appeals · Aug 28, 1992

This intention would be defeated if all the records within criminal investigatory files could qualify as trial preparation materials and thus be exempt. … The Clark decision clearly holds that they may. 6 .

State v. Hill, Unpublished Decision (2-1-1999)

Ohio Court of Appeals · Feb 1, 1999

Miller clearly stated she heard appellant say "we've got to get her." … This does not qualify as hearsay under Evid.R. 803(D)(2) which provides "[a] statement is not hearsay if: * * * [t]he statement is offered against a party and is (a) his own statement, in either his individual or a representative

Young Israel Organization v. Dworkin

105 Ohio App. 89 · Ohio Court of Appeals · Mar 14, 1956

Respondents are the duly qualified and acting members of the South Euclid Zoning Board of Appeals and the duly appointed acting Building Director of the City of South Euclid, Ohio. … To require that churches be banished to the business district, crowded alongside filling stations and grocery stores, is clearly not to be justified on the score of promoting the general welfare.

City of Newark v. Newark Natural Gas & Fuel Co.

3 Ohio App. 383 · Ohio Court of Appeals · Sep 26, 1914

Bolton is the duly elected, qualified and acting solicitor of the city of Newark, Ohio, a municipal corporation, and that said action is brought by direction of its city council. … taking of private property for public use without such compensation as under all the circumstances is just both to the owner and to the public; that is, judicial interference should never occur unless the case presents, clearly

State ex rel. Professionals Guild of Ohio v. State Emp. Relations Bd.

2020 Ohio 3289 · Ohio Court of Appeals · Jun 11, 2020

Thus, once an eligible employee communicates to the employer of the need to take leave for an FMLA-qualifying reason, neither the employee nor the employer may decline FMLA protection for that leave. … Hall, 71 Ohio St.3d 632, 637 (1995). {¶ 53} The Supreme Court of Ohio has acknowledged the deference due to the specialized administrative expertise required of SERB: "It was clearly the intention of the Ohio General

City of Toledo v. State, L-07-1261 (4-25-2008)

2008 Ohio 1957 · Ohio Court of Appeals · Apr 25, 2008

This provision, by the plain meaning of its own language, was clearly intended to address the compelling public interest in regulating hours required to be worked, wages paid, and conditions in the workplace in order to protect … precedent analyzing the scope of powers granted by Section 34, Article II consistently pertain to the public interest in workload, workplace, and compensation issues affecting employee welfare as opposed to preconditions to qualify

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.

Roberts v. Hutton

152 Ohio App. 3d 412 · Ohio Court of Appeals · Mar 31, 2003

We find this contention a little puzzling, since the trial court clearly did not award Roberts attorney fees in this case. … Finally, an affidavit from the defendant or acting attorney can suffice as a legally sufficient basis upon which to grant a motion for summary judgment absent an opposing affidavit of a qualified expert witness for the plaintiff

Garrett v. Gortz, 90625 (8-28-2008)

2008 Ohio 4369 · Ohio Court of Appeals · Aug 28, 2008

Specifically, defendants alleged that plaintiffs had failed to comply with any discovery requests and had failed to identify *Page 2 an expert or provide expert reports to establish causation. … The failure to ensure proper mail delivery and keep informed of the progress of an ongoing case does not qualify as excusable neglect. {¶ 17} Plaintiffs' sole assignment of error is overruled. Appeal dismissed.

State v. Henry

2016 Ohio 692 · Ohio Court of Appeals · Feb 25, 2016

The reviewing court must examine the entire record, weigh the evidence and all reasonable inferences, consider the witnesses’ credibility and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … As used in R.C. 2903.12(A)(1), “deadly force” merely describes the “seriousness” of the provocation required for a defendant to qualify for mitigation, i.e., “serious provocation * * * that is reasonably sufficient to incite

State v. Williams

2020 Ohio 4430 · Ohio Court of Appeals · Aug 21, 2020

Franklin No. 06AP-1154, 2008-Ohio-462, ¶ 25. {¶37} The but-for test of causation is the standard test for establishing cause in fact. Ackison v. … After cause in fact is established, proximate cause must be demonstrated. Id.

State v. Kovac

150 Ohio App. 3d 676 · Ohio Court of Appeals · Dec 6, 2002

Duncan (1978), 58 Ohio St.2d 215 , 7 O.O.3d 380 , 373 N.E.2d 1234 , the Ohio Supreme Court set forth a four-part test to determine whether a statement qualifies as an excited utterance. … of credible evidence sustains the issue which is to be established before them.”

Barga v. St. Paris Village Council

212 N.E.3d 396 · Ohio Court of Appeals · Mar 31, 2023

The BOE determined that the voter was not a qualified elector. Id. … In sum, Ohio Supreme Court precedent, as well as a preponderance of relevant appellate court decisions, have established the following: (1) Affected parties who request a “public hearing” before a public body do

Bobb Forest Products, Inc. v. Morbark Industries, Inc.

151 Ohio App. 3d 63 · Ohio Court of Appeals · Sep 30, 2002

After Sandborn and McCormick arrived, Roosa returned to Morbark’s plant in Michigan, as he felt those two were more qualified to repair the machine. … Clearly, Morbark knew what equipment was necessary to run a sawmill.

State v. LaRosa

2020 Ohio 160 · Ohio Court of Appeals · Jan 21, 2020

the juvenile court is instructed to consider “any other factor bearing on whether the child is amenable to juvenile rehabilitation, including a mental examination of the child by a public or private agency or a person qualified … “The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly

Brown v. Brown

102 N.E.3d 72 · Ohio Court of Appeals · Dec 11, 2017

As the evidence in this case clearly established, including the Court’s file for the estate of Russell J. … The Trustee may make distribution in the Survivor’s Trust and Bypass Trust in such a manner so as to qualify for the alternate valuations date under Internal Revenue Code Section 2032. (Doc.

Peppas v. Hille, Unpublished Decision (5-14-2004)

2004 Ohio 2463 · Ohio Court of Appeals · May 14, 2004

This determination alone is sufficient to support the trial court's denial of appellant's motion for relief from judgment. {¶ 15} Nonetheless, the trial court also determined that appellant had not established a meritorious … Thus, a court will give common words appearing in a written instrument their ordinary meaning, unless manifest absurdity results or unless some other meaning is clearly evidenced from the instrument. See Alexander v.

State ex rel. Polyone Corp. v. Indus. Comm.

2014 Ohio 1376 · Ohio Court of Appeals · Mar 31, 2014

Evans clearly had developed HAS secondary to his work related exposure to Vinyl Chloride. … Unrebuttable evidence established that the spinal cord injury rendered him a quadriplegic.

In re S.M.B.

2019 Ohio 3578 · Ohio Court of Appeals · Sep 5, 2019

The magistrate found that Doughty qualified as an expert in child sexual abuse examination. … s testimony establishes a sufficient foundation for the juvenile court to conclude that K.M.'s spontaneous and unsolicited statement at the dinner table qualifies as an excited utterance under Evid.R. 803(2). M.M.'