Case law

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 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. Keaton

9 Ohio App. 2d 139 · Ohio Court of Appeals · Feb 3, 1967

It was established by a ballistics expert that the slugs in the body of Francis came from the gun found on the person of defendant when he was apprehended. Defendant did not refute the above evidence. … The photographs of Francis’ body and the X-rays clearly show that three bullets entered his body. The nitrate tests show the one shot was fired from at least two feet away.

State v. Musgrave, Unpublished Decision (6-1-2000)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

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. Osborne

2020 Ohio 5563 · Ohio Court of Appeals · Dec 7, 2020

CA2012-06-012, 2013-Ohio-5202, ¶ 14. {¶14} 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 … reviewing court must look at the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether in resolving the conflicts in the evidence, the trier of fact clearly

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."

Heslep v. Heslep, Unpublished Decision (6-14-2000)

Ohio Court of Appeals · Jun 14, 2000

This information is critical as any passive income on separate property would also qualify as separate property. See R.C. 3105.171 (A) (6) (a) (iii). … The trial court clearly did not make any attempt to equalize the parties' post-divorce incomes through a spousal support award.

Hoop v. Nationwide Mut. Fire Ins Ins Co, Unpublished Decision (7-3-2003)

Ohio Court of Appeals · Jul 3, 2003

This scenario is clearly within the exception language of the endorsement. … According to the Hoops, such reasoning "flies in the face of the well-known rule established in Scott-Pontzer ." (Id.). {¶ 20} Upon review, we find the foregoing arguments to be unpersuasive.

State v. Young, Unpublished Decision (11-21-2005)

2005 Ohio 6162 · Ohio Court of Appeals · Nov 21, 2005

Dick Kilburn testified that the test was positive. {¶ 22} Appellant, however, argues that "there is clearly a legitimate question as to whether the State established a probation violation" based upon the following conflicting … We therefore find that the evidence presented at the hearing established that appellant violated his probation.

Dilacqua v. Dilacqua

88 Ohio App. 3d 48 · Ohio Court of Appeals · May 26, 1993

The referee clearly ordered that part of the bonus, not used to bring the mortgage up to date to be escrowed pending further order of the Court. … DiLacqua to contribute more to maintaining the standard of living that the family had established during the *Page 60 marriage.

In Re Williams

116 Ohio App. 3d 237 · Ohio Court of Appeals · May 23, 1997

The guardian ad litem qualified these assertions, noting that Nicholas’s acceptance into Fairfield Academy was contingent on a satisfactory interview. … The evidence appears to establish a prima facie case that Nicholas did not understand the nature of the proceedings against him or was incapable of assisting in his own defense, and, accordingly, the presumption of competence

Sullinger v. Sullinger

2019 Ohio 1489 · Ohio Court of Appeals · Apr 19, 2019

So while Douglas may claim that the revenue recognition change was determined in fall of 2014, the court was not bound to believe him.4 {¶ 51} Second, Douglas is not immune from a financial-misconduct finding based … (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 to obtain appropriate employment, provided

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.

Fraternal Order of Police Youngstown Lodge No. 28 v. Hunter

49 Ohio App. 2d 185 · Ohio Court of Appeals · Apr 16, 1975

There is some conflict between the various cases, but enough cases have been reported to establish a trend. … Clearly the cultural and educational rewards of international travel (Kent v. Dulles [1958], 357 U. S. 116, 126-127 ), are not reaped from routine daily trips of a harassed metropolitan commuter.

Directv, Inc. v. Levin

181 Ohio App. 3d 92 · Ohio Court of Appeals · Feb 12, 2009

Those cases came much closer to the clearly prohibited barrier to interstate commerce that amounted to a tariff, which is clearly prohibited by the Commerce Clause. W. … At best, the plaintiffs have persuasively, but ultimately to no end, established that they are more burdened by Ohio’s tax provision than comparable interstate cable providers.

Passage v. Passage

2016 Ohio 1097 · Ohio Court of Appeals · Mar 18, 2016

In a post-amendment case involving an agreed judgment entry, the Fifth District Court of Appeals held that a trial court had jurisdiction to modify a qualified domestic relations order post-decree, because the parties had … Instead, courts “rely on the language the General Assembly chose and * * * long-established rules of statutory construction.” Id.

In Re Estate of Roberts, Unpublished Decision (10-13-2000)

Ohio Court of Appeals · Oct 13, 2000

Clearly, we are not permitted to do so. … They do not shed light on whether, to qualify for exclusion, the monies must remain in the retirement fund to which the employer contributed them.

State v. Williams

2020 Ohio 3616 · Ohio Court of Appeals · Jul 6, 2020

At the very least we cannot find that the trial court clearly lost its way on this issue. See State v. Bey, 8th Dist. … -40- Case No. 2-19-04 needed things repeated over a five-day trial establish that his counsel was ineffective.

State v. Smith

168 Ohio App. 3d 141 · Ohio Court of Appeals · Jul 21, 2006

Camden was qualified to provide the challenged testimony based upon his ten years’ experience discharging a 9mm semiautomatic weapon. … He had knowledge to assist the jury in performing its fact-finding function, even though he did not have complete knowledge to qualify as a ballistics expert. 70 Further, Camden clearly informed the jury of the limitations