Case law

State Ex Rel. Brown v. State Teachers Ret., Unpublished Decision (8-16-2005)

2005 Ohio 4246 · Ohio Court of Appeals · Aug 16, 2005

Thus, "[a]dministrative rules may not formulate public policy, but rather are limited to developing and administering policy already established by the General Assembly." Pacella , at ¶ 27. … Clearly, the administrative rule compelled respondent to deny relator's application to purchase Ohio-valued credit. See Andrews v.

State v. Jones, 05 Ma 218 (6-21-2007)

2007 Ohio 3183 · Ohio Court of Appeals · Jun 21, 2007

Thus, it established when she started having contact with Jones again. It was not used to show Jones' bad character. … As explained above, the testimony established that Jones shot Regina multiple times and stated, "Die, Bitch" while he was shooting her.

State ex rel. Suburban Driving School, L.L.C. v. Ohio Bur. of Workers' Comp.

2025 Ohio 1841 · Ohio Court of Appeals · May 22, 2025

requirements stated in the regulation to qualify as a successor-in-interest to Top Driver Ohio. … (2) Where a legal entity having an established coverage or having had experience in the most recent experience period wholly succeeds one or more legal entities having established

State v. Justice

2011 Ohio 4004 · Ohio Court of Appeals · Aug 10, 2011

Robinson (1973), 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427, qualify. {¶34} Under the plain view exception to the search warrant requirement, police may seize evidence in plain view during a lawful search if (1) … Instead, we must “review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the Trier of fact clearly

Hall v. Bricker

244 N.E.3d 41 · Ohio Court of Appeals · Apr 9, 2024

No. 23687, 2007-Ohio-6294, ¶ 17. {¶ 47} “[I]f the time frame of the alleged misconduct does not establish [wrongful] scienter, there must be some other evidence that does establish it.” Orwick v. … Hall suggests this was because he assumed the trial court would equally divide the monthly pension benefit using a qualified domestic relations order. (Reply Brief of Appellant at 1-2.)

State v. Schriml

2013 Ohio 2845 · Ohio Court of Appeals · Jul 1, 2013

While the Majority claims that the Trooper “asked” Schriml to exit the vehicle (see ¶ 8), the video of the traffic stop clearly indicates that she told him to step out. … qualified as an improper fishing expedition in that she went far beyond what was necessary to complete the original purpose for which the initial stop was made.

Reverse Mtge., L.L.C. v. Miller

2024 Ohio 2417 · Ohio Court of Appeals · Jun 25, 2024

. * * * All other elements to obtain Foreclosure were held to be established as a matter of law.” … business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

State v. Petrone

2012 Ohio 911 · Ohio Court of Appeals · Mar 5, 2012

When asked a question as to the clothing Ciptak was wearing, the State objected on the grounds that he was not qualified as an expert regarding clothing. … The court again told counsel that he could continue to try to establish Procaccio’s credentials.

In Re Senders

110 Ohio App. 3d 199 · Ohio Court of Appeals · Apr 1, 1996

Appellant argues that Ohio Adm.Code 3737-1-07 clearly conflicts with R.C. 3737.90 et seq. or is unreasonable. … Moreover, where statutory language clearly expresses that legislative intent, that language will not be construed by the courts. Provident Bank v.

Marchand v. Marchand, Unpublished Decision (6-19-2006)

2006 Ohio 3080 · Ohio Court of Appeals · Jun 19, 2006

magistrate's decision in order to prepare its judgment entry. {¶ 74} Marchand's argument is predicated upon an assumption that the trial court did not review the transcript of the magistrate's hearing and that the testimony "clearly … establishes" that Christine Marchand was voluntarily underemployed.

State v. Rieske

2014 Ohio 3643 · Ohio Court of Appeals · Aug 22, 2014

Having reviewed the entire record, we cannot clearly find that the evidence weighs heavily against a conviction, or that a manifest miscarriage of justice has occurred. [Cite as State v. … Those records may qualify as “documents” required to be provided to the defendant by Crim.

State v. Holloway

2018 Ohio 4636 · Ohio Court of Appeals · Nov 16, 2018

. {¶ 14} Defendants can establish a prima facie case for a speedy trial violation when they show that the trial was held past the statutory time limit. … The court further noted that after the two suspects ran, “there was clearly reasonable suspicion justifying an investigatory stop.

State v. Bagnall, Unpublished Decision (2-24-2006)

2006 Ohio 870 · Ohio Court of Appeals · Feb 24, 2006

marriage; that the current offenses did not involve multiple victims, the use of drugs or alcohol to impair the victim, or cruelty; that he does not fantasize about children; that the court psychologist was "uncertain if he qualifies … Moreover, it is well-established that the opinion that an offender demonstrates a low to moderate risk of sexual recidivism is not determinative of the issue of whether he may be classified a sexual predator.

Balister v. CMac Transp., L.L.C.

2022 Ohio 3874 · Ohio Court of Appeals · Oct 31, 2022

been on the books for many decades and were adopted to remedy a pervasive problem in the American trucking industry: During the first half of the twentieth century, interstate motor carriers attempted to immunize … Those are clearly sufficient admissions to establish liability on our counterclaim. (Big Daddy’s Towing’s Motion for Directed Verdict, Feb. 15-16, 2022 Tr. at 85).

State v. Quiller

2016 Ohio 8163 · Ohio Court of Appeals · Dec 15, 2016

702 provides that a witness may testify as an expert when the testimony relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons, the witness is qualified … Specifically, appellant asserts that there was no substantial evidence to establish that he was the shooter in either incident.

State v. Bias

204 N.E.3d 639 · Ohio Court of Appeals · Dec 22, 2022

However, circumstantial evidence establishes that fact. … This amount does not account for any time tolled pursuant to statute, and is clearly less than the 270 days set forth in R.C. 2945.71.

State v. Figueroa, Unpublished Decision (3-16-2005)

2005 Ohio 1132 · Ohio Court of Appeals · Mar 16, 2005

As a higher level of control, actual ownership would certainly qualify as possession. See State v. Mann (1993), 93 Ohio App. 3d 301 , 308 ; 4 Ohio Jury Instructions (2004), Section 409.50(5), at 64. … Clear and convincing evidence is that "which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established." Cross v.

State v. Yopp, Unpublished Decision (3-31-2006)

2006 Ohio 1682 · Ohio Court of Appeals · Mar 31, 2006

Yopp clearly used the toy gun as a weapon to coerce his victims to accede to his commands. See, generally, State v. Haskins, 6th Dist. No. … At the sentencing hearing the trial court stated, "The fact that a weapon was used notwithstanding, apparently, some type of a pellet gun that perhaps doesn't qualify under the law as a firearm, still the persons who were

Christman v. Condevco, Inc.

2020 Ohio 938 · Ohio Court of Appeals · Mar 5, 2020

Biehl possesses a degree in Economic Geology from Harvard and has been qualified as an expert in the oil and gas industry. … (Id.) {¶25} The evidence establishes that Condevco adopted the Christman Well and restored it to production before the expiration of the primary term of the Lease.

State v. Broom

2012 Ohio 587 · Ohio Court of Appeals · Feb 16, 2012

It is “a discretion exercised to an end or purpose not justified by, and clearly against reason and evidence.” (Citations and quotations omitted.) State v. … If the pain inflicted is not formally meted out as punishment by the statute or the sentencing judge, some mental element must be attributed to the inflicting officer before it can qualify.” (Emphasis sic.)