Case law

State v. Thompson, 89391 (1-31-2008)

2008 Ohio 316 · Ohio Court of Appeals · Jan 31, 2008

He investigated over 150 fires and has qualified as an expert in other cases. {¶ 14} Det. … issue which is to be established before them.

In Re Jorgensen, 07-Ca-96 (6-16-2008)

2008 Ohio 2967 · Ohio Court of Appeals · Jun 16, 2008

Were you able to talk clearly? {¶ 58} "A. I don't think I was talking right then. … A judge's ordinary efforts at courtroom administration — even a stern *Page 25 and short-tempered judge's ordinary efforts at courtroom administration — remain immune." {¶ 250} Liteky v.

Smith v. Ford Motor Co.

59 Ohio App. 2d 41 · Ohio Court of Appeals · Apr 19, 1978

The plaintiff’s contention, however, is unsupported by the record, which reflects that the only evidence offered by the plaintiff to establish the alleged agency relationship between Haag and Ford consisted of testimony by … However, we conclude-from our examination of the evidence presented by Olson— which consisted of the testimony of a qualified metallurgist and an automotive engineer, both of whom had examined and tested the steering shaft

Welty v. Welty, 2007-A-0013 (9-28-2007)

2007 Ohio 5217 · Ohio Court of Appeals · Sep 28, 2007

Kister did not qualify for court appointed counsel pursuant to the financial affidavit she submitted, since Ms. Kister was without counsel at that time. … Further, the court issued a judgment entry on September 24, 2003, which found that the evidence clearly and convincingly showed that Ms.

State v. Greathouse, Unpublished Decision (6-29-2000)

Ohio Court of Appeals · Jun 29, 2000

The evidence must establish in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established. Id. … The count of rape clearly qualifies as a sexually oriented offense as this term is defined in R.C. 2950.01 (D).

Smith v. Sass, Friedman Assoc., Inc., Unpublished Decision (2-5-2004)

2004 Ohio 494 · Ohio Court of Appeals · Feb 5, 2004

The jury's award of $3.5 million was clearly excessive and a result of passion and prejudice." {¶ 35} "In Ohio, it has long been held that the assessment of damages is so thoroughly within the province of the jury that a … Defendants base this opinion upon their belief that plaintiff's expert was not qualified to testify. We have previously found that the trial court did not err in finding plaintiff's expert qualified to testify.

Starling v. Ohio Dept. of Dev. Disabilities

2022 Ohio 2225 · Ohio Court of Appeals · Jun 28, 2022

Singer's current employment with WDC is in the position of Qualified Intellectual Disability Professional ("QIDP"). Singer testified that he indirectly supervises the TPW staff at WDC. … Singer qualified this same testimony by stating it would be Baskerville's judgment call as to whether he could not safely execute the single bear hug technique.

Robinson v. Robinson

212 N.E.3d 1181 · Ohio Court of Appeals · Apr 14, 2023

a residence, or is planning to establish a residence, outside this state. … to the education, training, or earning ability of the other party; (k) the time and expense necessary for the spouse who is seeking support to acquire education, training, or job experience so that the spouse will be qualified

State v. James

2017 Ohio 7861 · Ohio Court of Appeals · Sep 26, 2017

We therefore concur with appellee that Doe’s statements to the detective qualified as an excited utterance because she still remained under the stress of a violent event. … We further find the trial court did not clearly lose its way and create a manifest miscarriage of justice requiring that appellant's convictions be reversed and a new trial ordered.

State v. Ellerbe

2026 Ohio 170 · Ohio Court of Appeals · Jan 20, 2026

Testimony further established Ellerbe was armed, and continued shooting towards the Airbnb as he and his coconspirators fled the party. … Further testimony established that the shots fired inside the home were shot into the hallway toward the back bedroom, not the reverse.

State v. Turner, Unpublished Decision (8-10-2006)

2006 Ohio 4098 · Ohio Court of Appeals · Aug 10, 2006

It indicates clearly to the jury that the party having the burden of proof will be entitled to their verdict, if, on weighing the evidence in their minds, they shall find the greater amount of credible evidence sustains the … issue which is to be established before them.

State v. Shaw, Unpublished Decision (7-29-2002)

Ohio Court of Appeals · Jul 29, 2002

After reviewing the facts, the Moore court held at syllabus "[t]he smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search." … The syllabus clearly states "the smell of marijuana, alone" as does the dicta at 54.

State v. Paskins

200 N.E.3d 684 · Ohio Court of Appeals · Nov 10, 2022

. {¶11} Randolph testified she was granted immunity prior to her testimony. 2T. … At the very least there is sufficient evidence to establish that Paskins aided and abetted Reed and possibly a third individual in the infliction of serious physical harm to Pound.

Garrett v. Jeep Corp.

77 Ohio App. 3d 402 · Ohio Court of Appeals · Sep 30, 1991

In Ohio, employers are required to pay premiums into the State Insurance Fund for the purpose of establishing coverage for their injured employees. … Certain qualifying employers may be granted the privilege of paying compensation and benefits directly to their injured employees. R.C. 4123.35.

Fisher v. United Ohio Ins. Co.

2025 Ohio 812 · Ohio Court of Appeals · Mar 10, 2025

We look to the plain and ordinary meaning of the language used in the policy unless another meaning is clearly apparent from the contents of the policy. … In other words, the only persons who qualify as an “insured” under Section B.2.a. are those “occupying” a covered “auto.”

Shaver v. Peters

2023 Ohio 1097 · Ohio Court of Appeals · Mar 31, 2023

Monroe No. 09 MO 9, 2011-Ohio-3370, ¶ 12 (observing that financial documents relied upon by party moving for summary judgment were illegible and thus concluding that those documents do not qualify as competent credible … evidence supporting summary judgment). {¶ 40} Further, even the portion of L.P.’s answer that is discernible does not clearly establish that M.P. was aware of L.P.’s sexual activity with appellant.

State v. Carter

2017 Ohio 5573 · Ohio Court of Appeals · Jun 29, 2017

apply: (A) The witness’ testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified … trier of fact but 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

In re C.R.M.

2024 Ohio 2279 · Ohio Court of Appeals · Jun 13, 2024

court is to examine 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 jury [or finder of fact] clearly … The children do not qualify for planned permanent living arrangement because they are all under the age of 16; 4.

City of Bowling Green v. Castle, Unpublished Decision (2-27-1998)

Ohio Court of Appeals · Feb 27, 1998

issue which is to be established before them. … Appellee responds that the officers were qualified to form reliable opinions that the ceramic pipe contained burnt marijuana residue.

State v. Russell

2022 Ohio 1746 · Ohio Court of Appeals · May 19, 2022

In general, the rule provides that when a witness’s testimony “‘is opposed to the laws of nature,’” or “‘is clearly in conflict with principles established by the laws … Therefore, “[i]f testimony qualifies as nonhearsay, it does not implicate the Confrontation Clause.” State v. McKelton, 148 Ohio St.3d 261, 2016-Ohio-5735, 70 N.E.3d 508, ¶ 186.