Case law

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. Pennington

2014 Ohio 5426 · Ohio Court of Appeals · Dec 11, 2014

Cuyahoga No. 98538, 2013-Ohio-1184, ¶ 18. {¶46} We note initially that the elements of an offense may be established by direct evidence, circumstantial evidence, or both. See State v. … “Privilege” is defined as “an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.”

State v. Walker

103 N.E.3d 325 · Ohio Court of Appeals · Dec 27, 2017

The trial court clearly considered whether Walker’s waiver of his Miranda rights was done knowingly, intelligently, and voluntarily.” … Walker Did Not Receive a Complete Miranda Warning {¶89} The record establishes that Walker was not provided a full explanation of his rights.

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.

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

Am. Servicing Corp. v. Wannemacher

2014 Ohio 3984 · Ohio Court of Appeals · Sep 15, 2014

Specifically, American Servicing argues that the parties’ intent for the contract to be a lease with an option to purchase was established by the parties’ stipulation as such, and the trial court’s characterization of … We also reject American Servicing’s argument that the contract was clearly and unambiguously a lease with an option to purchase.

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.

State v. Waggle

2021 Ohio 3457 · Ohio Court of Appeals · Sep 30, 2021

raises four assignments of error for our consideration as follow: I {¶ 8} "AS AMENDED BY THE REAGAN TOKES ACT, THE REVISED CODE'S SENTENCES FOR FIRST AND SECOND DEGREE QUALIFYING … CT2020-55 13 cannot say that we clearly and convincingly find that the trial court's order for consecutive service was not supported by the R.C. 2929.14(C) factors

Ostanek v. Ostanek

156 N.E.3d 932 · Ohio Court of Appeals · Aug 3, 2020

A COAP is a form of qualified domestic relations order (“QDRO”) used to effectuate a judicial division of rights in a federal pension retirement plan. 3  {¶7} … With regard to the calculation method and survivor annuity, the court found as follows: The decree clearly provides each party receives ½ of [Gregory’s] FERS, which in 2001 had an approximate

In Re Doe, Unpublished Decision (4-1-2005)

2005 Ohio 1559 · Ohio Court of Appeals · Apr 1, 2005

Admittedly, Jane Doe testified about concerns about her immune system. Her main concern, however, is that if she is to have the baby, she must delay or jeopardize college and her music career. … After reviewing the transcript of Jane Doe's testimony, we cannot perceive what other evidence she could have offered to establish her maturity. {¶ 21} Finally, we must mention that the guardian ad litem, appointed by the

Wilmington Savings Fund Society v. West

2019 Ohio 1249 · Ohio Court of Appeals · Apr 3, 2019

Entry Denying Motion for Summary Judgment, Nov. 23, 2015, p.4-5, Docket # 28 {¶7} The trial court found that the affidavit offered by appellant did not clearly identify the date the appellant “accelerated the … Id at ¶ 32. {¶31} The purpose of the part of the Code of Federal Regulations and related sections is to provide support for borrower housing counseling and an alternative to foreclosure to qualified mortgagors.

State ex rel. Cincinnati Enquirer v. Sage

2013 Ohio 2270 · Ohio Court of Appeals · Jun 3, 2013

The government "bears the burden of establishing that the requested information is exempt from disclosure." … only to accomplish her duty as a 911 operator. {¶ 21} Accordingly, we find that the Outbound Call is a 911 call. {¶ 22} In Cincinnati Enquirer, the Ohio Supreme Court also addressed whether 911 recordings qualify

State v. Hall

2025 Ohio 3199 · Ohio Court of Appeals · Sep 8, 2025

Court of Nevada, Humboldt Cty., 542 U.S. 177, 189 (2004) (“To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating, and compelled.”); see generally Davis v. … that the jury clearly lost its way and committed a manifest miscarriage of justice.

XPX Armor & Equip., Inc. v. SkyLIFE Co., Inc.

176 N.E.3d 821 · Ohio Court of Appeals · Jul 23, 2021

The parachutes qualify as both “goods” and “things of value.” Accord Embark, LLC v. 1105 Media, Inc., 231 N.C. App. 538, 543, 753 S.E.2d 166 (2014). 11. … contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party’s home forum, we believe the answer clearly is that it cannot.”

Hayberg v. Robinson Mem. Hosp. Found.

2013 Ohio 2828 · Ohio Court of Appeals · Jun 28, 2013

In this case, the value of the 22 claim clearly did. … Although Hayberg did not receive a bill for the amount that exceeded her health insurance contract rate, the evidentiary material submitted clearly establishes that she did pay it. {¶72} The amount of $13,861.45

State v. Gordon

2011 Ohio 5738 · Ohio Court of Appeals · Nov 7, 2011

The Sixth District concluded that the evidence in Bowsher failed to establish such a nexus. … (id.) {¶76} This testimony clearly establishes a palpable nexus between Gordon’s wrongdoing and the public office he held.

State v. D.D.G.

2019 Ohio 4982 · Ohio Court of Appeals · Dec 5, 2019

To be “eligible” for sealing, an offender must qualify under either subsection (a) or (b) of R.C. 2953.31(A)(1). … After a review of the relevant case law, we find that a trial court does not need to hold a hearing when an offender is not eligible as a matter of law and that ineligibility can be established by proof or documentation

State v. Lambert

2021 Ohio 17 · Ohio Court of Appeals · Jan 8, 2021

The court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its … A defendant bears the burden of establishing entitlement to merger, and we review a trial court's ruling on the issue de novo. State v. LeGrant, 2d Dist.