Case law

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.

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.'

State v. Hurbean

23 Ohio App. 2d 119 · Ohio Court of Appeals · Jul 29, 1970

We hold, as a matter of law, that that is an admission of all the understanding necessary to establish an actual refusal to take the test. IY. … It is not mysterious why the Legislature has clearly provided the foregoing.

State v. Lewis

92 N.E.3d 325 · Ohio Court of Appeals · Jun 15, 2017

Defense Exhibit A, GPO1 8.2.01, revised May 30, 2003, stated, in part: 1 General Police Order  PURPOSE: To establish guidelines for towing or releasing motor vehicles POLICY: The Cleveland … As to the firearm specifications, Lewis claims that there was insufficient evidence that the gun found under the hood of his car was within close enough proximity of him when he was arrested to qualify under R.C. 2941.141

Sanders v. Mt. Sinai Hospital

21 Ohio App. 3d 249 · Ohio Court of Appeals · Mar 18, 1985

In addition, there was some evidence that the hospital supplied her to assist the anesthesiologist when she was inadequately qualified for those duties. … We decline to establish a new cause of action at this time. In so ruling, we recognize that this case has not yet reached its conclusion.

State v. Jackson, Unpublished Decision (2-5-1999)

Ohio Court of Appeals · Feb 5, 1999

Even if Prewitt qualified as a hostile witness, trial court's error of barring appellant from cross-examining Prewitt was harmless error because appellant has failed to demonstrate any prejudice to his case. … Since the prosecution was unwilling to extend him immunity, he was for all practical purposes, also unavailable to the prosecution as a witness. Cf. Lee v.

State v. Alberston

2021 Ohio 2125 · Ohio Court of Appeals · Jun 25, 2021

Albertson never testified to coming into contact with any fluid from the vehicle, let alone a fluid that qualifies as a medium petroleum distillate. {¶ 86} Albertson also challenges the credibility of Dalton’s testimony … Also, after weighing all the evidence and reasonable inferences, we do not find that the jury clearly lost its way and created a manifest miscarriage of justice in finding Albertson guilty of aggravated robbery.

Stavick v. Coyne, Unpublished Decision (12-17-2003)

2003 Ohio 6999 · Ohio Court of Appeals · Dec 17, 2003

Although Appellant has not denied this fact in any document in the record, she clearly does not openly admit it either. … provide, or were redundant to the relief provided by R.C. 1340.031 . (1/7/02 J.E., pp. 2, 4-6.) {¶ 40} Even if we assume that Appellant is correct that two alterative remedies were potentially available to her, she has not established

State v. Barker

2025 Ohio 5665 · Ohio Court of Appeals · Dec 18, 2025

The avulsed teeth qualify as serious physical harm. (Tr. 300). And Appellant admitted to striking Jennifer in some manner. (Tr. 773). … Cleveland, 10 Ohio St.3d 77, 80 (1984). {¶40} Here, the jury clearly found Jennifer and C.C. to be the more credible witnesses. This was their decision to make.

Round Lake Christian Assembly, Inc. v. Commissioner of Tax Equalization

4 Ohio App. 3d 189 · Ohio Court of Appeals · Mar 11, 1982

Little Miami, Inc. was a nonprofit Ohio corporation established for the purpose of preserving the nature and scenic appearance of the Little Miami River and its surroundings. … R.C. 5709.07 clearly provides that buildings annexed to or connected with a place of public worship along with grounds surrounding the facilities are tax exempt.

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

Komes v. Komes

2013 Ohio 2140 · Ohio Court of Appeals · May 28, 2013

As to the remaining $21,000 in “other income,” the record clearly demonstrates that Power Alarm pays many other ordinary expenses for the husband, including his vehicle, insurance, meals, vacations, and entertainment, … In general, evidence qualifies as newly discovered evidence if it was in existence at the time of trial, but the moving party was excusably ignorant of it. Alderman v. Alderman, 10th Dist.

State v. Platt

2024 Ohio 1330 · Ohio Court of Appeals · Apr 2, 2024

It also helped the state establish a time line of the events. See generally State v. … As we stated above, however, the video helped to establish that appellant was unaware of the boys’ activities throughout the evening, and it also formed part of the background of the crime and helped to establish a time

Poulton v. American Economy Ins., Unpublished Decision (6-20-2005)

2005 Ohio 3123 · Ohio Court of Appeals · Jun 20, 2005

The trial court confirmed the $2,500,000 arbitration award and ordered a set-off, awarding appellees $2,400,000 "as against American States Preferred Insurance Company and/or Indiana Insurance Company." {¶ 21} Clearly, the … Therefore, the Hopkins court found Hopkins did not qualify as an insured under Galatis.

State v. Gaines

2024 Ohio 1275 · Ohio Court of Appeals · Apr 4, 2024

Domestic business records that are kept in the ordinary course of business may be authenticated by a certification of the custodian or another qualified person pursuant to Evid.R. 902(11). … The test for establishing an ineffective assistance of counsel claim is two-pronged.

State v. McNeill

2018 Ohio 2659 · Ohio Court of Appeals · Jul 6, 2018

To this end, R.C. 2311.14(A)(1) states that a “court shall appoint a qualified interpreter” to assist a party to a legal proceeding “who cannot readily understand or communicate” because “of a hearing, … Pursuant to the definition of “deprive” in R.C. 2913.01(C), the State could prove McNeill’s intent to deprive the owner of property by establishing that she took property without giving proper consideration or payment,

In re A.R.

2025 Ohio 4378 · Ohio Court of Appeals · Sep 18, 2025

The court further found that A.R. had been in the agency’s custody for two years and no longer qualified for temporary custody and that A.R. could not or should not be placed with Mother within a reasonable period of time … “‘Clear and convincing evidence’ is evidence that ‘will produce in the mind of the trier of facts a firm belief or conviction as to the allegations sought to be established.’”

Brahm v. DHSC, L.L.C.

2016 Ohio 1207 · Ohio Court of Appeals · Mar 21, 2016

. {¶20} If the party seeking to appeal fails to establish why an immediate appeal is necessary, the court must presume an appeal in the ordinary course would be meaningful and effective. Chen, ¶8. … The essence of ACC’s argument is the trial court abused its discretion in ordering the production of what appellant believes qualify as peer review and quality assurance records for an in-camera inspection.

Garcia v. Ewais

249 N.E.3d 826 · Ohio Court of Appeals · Aug 8, 2024

Garcia affirmed during cross-examination that the realtors sent her the paperwork including the mortgage location survey when she qualified to purchase the home. … Based on a thorough review of the record, we find that it clearly and convincingly shows that Garcia has established the elements of an easement by estoppel and the judgment is against the manifest weight of the evidence

In re T.S.

2021 Ohio 2034 · Ohio Court of Appeals · Jun 17, 2021

As to Father, the complaint alleged that he had established paternity for T.S. and was the alleged father of Te.S. but had not established paternity. … Clearly, Father made himself known to the agency, albeit two years after the agency first got involved with his child. Father self-reported that substance abuse was an issue for him.