Case law

State v. Williams

2021 Ohio 797 · Ohio Court of Appeals · Mar 12, 2021

Appellant argues C.H. had a period of time for reflection after being dropped off by Appellant, and the statement no longer qualified as an excited utterance. … as a thirteenth juror and “in reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether in resolving conflicts in evidence the jury ‘clearly

State v. Evans

2026 Ohio 1237 · Ohio Court of Appeals · Apr 6, 2026

Nothing in the record here establishes such an independent basis. In State v. … The Movement Was Not "Substantial" Within the Meaning of Logan {¶ 58} We turn next to the State's argument that Crosby's movement through several rooms qualifies as "substantial" movement under Logan.

State v. Banaag, Unpublished Decision (1-26-2000)

Ohio Court of Appeals · Jan 26, 2000

Because the state indicated that Yoder had been granted immunity, the trial court ordered him to testify. … Affirmative damage is established if the witness testifies to facts that contradict, deny, or harm the party's trial position. Id .

State v. Jackson

2016 Ohio 8144 · Ohio Court of Appeals · Dec 15, 2016

Bolan, 27 Ohio St.2d 15, 271 N.E.2d 839 (1971), in order to qualify as an agent of law enforcement, the agent must act under the direction or control of a law enforcement agency. Id. at 18. … Id. at 1190-1191. {¶24} This analysis clearly distinguishes the situation faced by the defendant in Howes, who was questioned about pending charges while serving a prison term on an unrelated offense.

Arthur v. Arthur

130 Ohio App. 3d 398 · Ohio Court of Appeals · Oct 22, 1998

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 … We find that the trial court’s ordering an amount withheld from husband’s wages, which constitutes over seventy-five percent of husband’s monthly income, clearly exceeds the withholding limits imposed by R.C. 3113.21(D) and

Dindal v. Dindal

2009 Ohio 3528 · Ohio Court of Appeals · Jul 20, 2009

Since the values of these assets were not clearly established by the evidence at trial, the trial court awarded each party their respective retirement and 401(k) accounts subject to any loans he/she may have taken against … 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

State v. Miller

2014 Ohio 2936 · Ohio Court of Appeals · Jun 23, 2014

The Tenth District stated that the defendant did not clearly or unequivocally assert his right to remain silent because he qualified the invocation with, “I don't know, man. You know what I'm saying?” Id. at ¶ 38, 41. … It has long been established as a general rule in Ohio that there must be some evidence outside of a confession, tending to establish the corpus delicti, before such confession is admissible.

State ex rel. Patrick Bros., A Gen. Partnership v. Putnam Cty. Bd. of Commrs.

2014 Ohio 2717 · Ohio Court of Appeals · Jun 23, 2014

Finally, the trial court determined that the individual commissioners were not personally liable for anything as they had statutory immunity and granted the motion for partial summary judgment. … That opinion stated that commissioners may, by a unanimous vote, without a petition locate or establish a road within the county. 1930 Ohio Atty.Gen.Ops. No. 2121.

State ex rel. Yutzy v. Yutzy Ent. Servs., Inc.

2014 Ohio 2497 · Ohio Court of Appeals · Jun 10, 2014

Here, the commission clearly set forth its vocational analysis and it was not required to address Ms. Williams' report because it did not rely that report. … The Staff Hearing Officer finds that the Injured Worker's ability to successfully operate his own HVAC business for 27 years establishes that the Injured Worker developed a wide variety of

State v. Hall, Unpublished Decision (8-4-2000)

Ohio Court of Appeals · Aug 4, 2000

issue which is to be established before them. … Appellant's own testimony established that he was driving the truck.

Tricon Roofing v. Gabor's Dunham Fast Ch., Unpublished Decision (6-12-2003)

Ohio Court of Appeals · Jun 12, 2003

the fraudulent checks, (4) R.C. 1303.60 (A), exempts claims of conversion when the instruments are transferred by negotiation, (5) Defendants Keybank and Gabor's are holders in due course of the instrument, making them immune … Appellant's position is clearly erroneous and fails to state a claim upon which relief can be granted.

State v. Thompson

2016 Ohio 4689 · Ohio Court of Appeals · Jun 30, 2016

Hawn’s testimony should be excluded because he could not qualify as an expert in ballistics. While the trial court noted that the State “has a point with regard to Mr. … From these items of evidence, we determine that the State offered sufficient evidence to establish the required mental state of “knowingly.” See State v. Cash, 6th Dist. Lucas No.

In Re James, Unpublished Decision (12-19-2001)

Ohio Court of Appeals · Dec 19, 2001

In order to establish that a child is dependent or neglected, the evidence must be clear and convincing. See R.C. 2151.35 (A) and Juv.R. 29(E)(4). … The mother also has lice. * * * Cody also suffers from lice and is behind in his immunizations."

Gray v. Petronelli

2017 Ohio 2601 · Ohio Court of Appeals · May 1, 2017

The magistrate clearly found his testimony credible. Further, PDC has not directed us to any conflicting evidence on the matter nor do we find any conflicting testimony in a review of the transcripts. … PDC has established that title reports were filed in this case. The trial court held, for a reason not clear in the record before us, that the title reports were not appropriate.

In re T.L.

2026 Ohio 2118 · Ohio Court of Appeals · Jun 5, 2026

The court qualified its decision by setting forth that “[i]f [father] develops a consistent pattern of healthy and meaningful supervised visits, the Court 9. … The court then clearly indicated that once father “develops a consistent pattern of healthy and meaningful supervised visits, the Court would certainly envision an enlargement of his time with [the child] in the future.

Bell v. Ohio Living Communities

2026 Ohio 848 · Ohio Court of Appeals · Mar 12, 2026

Excusable neglect for requesting an extension of expired deadlines was not alleged or established. See Civ.R. 6(B)(2). In any event, good cause was not established either. … “The affidavit of merit merely establishes the adequacy of the complaint.

Central States College v. Board of Reg., Unpublished Decision (2-8-2007)

2007 Ohio 547 · Ohio Court of Appeals · Feb 8, 2007

CSC maintains it has always been an "institution" due to its singular purpose of providing instruction or intending to provide instruction, and as such, it qualifies for the exemption found in R.C. 1713.02 (B). … The statute clearly contemplates that an entity, in order to meet the definition of "institution," was operating in some capacity on the effective date; otherwise, how could it "offer or intend to offer instruction?"

State v. D.T.

2024 Ohio 4482 · Ohio Court of Appeals · Sep 12, 2024

had never qualified for special education services2 and that from 2017-2022, his grades varied widely from As to Fs, with all Fs in 2022. … Testimony at the amenability hearing established that he was functionally illiterate with an “extremely low” reading score.

State v. Perry

2011 Ohio 274 · Ohio Court of Appeals · Jan 24, 2011

. {¶3} On October 15, 2009, with the assistance of his two death-penalty qualified attorneys, appellant entered a negotiated plea and agreed upon sentence. … For a defect at trial to rise to the level of plain error, it clearly must have affected the outcome of the case. State v.

State v. Musgrave, Unpublished Decision (6-1-2000)

Ohio Court of Appeals · Jun 1, 2000

Because of the continued participation of appellant, the defense of abandonment was never clearly established. T. at 839. … CAUSE OF DEATH Appellant argues the evidence did not establish the cause of death. 1 The testimony from several witnesses clearly established Mr.