Case law

State v. Stout

2014 Ohio 1094 · Ohio Court of Appeals · Mar 19, 2014

He claims that he qualified for mandatory community control pursuant to R.C. 2929.13(B)(1)(a) and that the trial court's finding that the offenses caused physical harm to the victims was erroneous. … Had that amendment been in effect when Stout was sentenced, clearly the trial court would have been acting within its discretion to sentence Stout to prison.

Hayes v. Heintz, Unpublished Decision (5-23-2002)

Ohio Court of Appeals · May 23, 2002

Lupus is a chronic (long-lasting) auto immune disease where the immune system, for unknown reasons, becomes hyperactive and attacks normal tissue. These attacks result in inflammation and bring about symptoms. … Clearly, medical testimony would have been necessary to establish some causal connection. A lay juror, let alone this court, has no understanding of the symptoms or effects of Lupus.

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.

In Re Health, Unpublished Decision (8-15-2002)

Ohio Court of Appeals · Aug 15, 2002

following analysis: "where the evidence indicates that the primary purpose of a facility is to provide outpatient, ambulatory surgical services, for which the office of a physician is merely incidental, such facility would not qualify … Clearly, Founders does not function separately from a private physician's office.

State v. Flow

203 N.E.3d 201 · Ohio Court of Appeals · Dec 9, 2022

felony of the first or second degree that are to be served consecutively and all of the definite terms of the felonies that are not qualifying felonies of the first or second degree that are to be served … The state is not required to establish the principal offender’s identity in seeking a conviction for complicity. State v.

In re L.R.

2019 Ohio 2305 · Ohio Court of Appeals · Jun 12, 2019

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.” (Internal quotations omitted.) … S.”) at Summit Psychological Associates, whom the trial court qualified as an expert regarding parenting evaluations, administered multi-day assessments of both Mother and Father.

State v. Stone

2023 Ohio 3842 · Ohio Court of Appeals · Oct 23, 2023

that the party having the burden of proof was entitled to a verdict in its favor, if, on weighing the evidence in their minds, the greater amount of credible evidence sustained the issue which is to be established before … To support his testimony that Appellant was aware of his actions, Patrolman Novak testified that he is qualified and trained by the state of Ohio to determine whether someone is mentally impaired.

E. H. Bardes Range & Foundry Co. v. Weaver

36 Ohio Law. Abs. 383 · Ohio Court of Appeals · May 14, 1942

The Court charged that the only significance of the previous trial was that it established Schmidt’s right to rescind. II. … This principle is clearly announced not only by the provisions of the Code but also by court pronouncements. We do not deem it necessary to make citations.

State Automobile Mutual Insurance v. Dolosich

135 Ohio App. 3d 601 · Ohio Court of Appeals · Nov 4, 1999

Rosborough testified that because the cost of insurance for a livery operation was too high, she, George and Josephine decided to establish a horse boarding and stabling business on the premises. … Moreover, although the business began only eight months prior to Dolosich’s injury, the business clearly had a long-term plan.

Lima Pub. Library Bd. of Trustees v. State Emp. Relations Bd.

2011 Ohio 1730 · Ohio Court of Appeals · Apr 11, 2011

we cannot say that the trial court’s decision was unreasonable, arbitrary, or unconscionable. {¶31} Nevertheless, SERB and the Union also argue that the trial court erred as a matter of law when it ignored the qualifying … Specifically, the Seventh District stated: -18- Case No. 1-10-51 The evidence clearly established that there was no vote ever taken relative to acceptance, rejection

Greenscapes Home & Garden Prods., Inc. v. Testa

129 N.E.3d 1060 · Ohio Court of Appeals · Feb 7, 2019

The notices of appeal clearly and distinctly present the questions of whether the application of the CAT to Greenscapes violates the Commerce Clause of the U.S. … But, interstate commerce is not immune from state taxation. Colonial Pipeline Co. v.

State ex rel. Prater v. Indus. Comm.

2021 Ohio 1890 · Ohio Court of Appeals · Jun 3, 2021

Therefore, the SHO concluded, because claimant has the residual functional capacity to perform sedentary work activity when only the impairment from the allowed conditions in the claim is considered, and claimant is qualified … It is well established the commission is not required to cite evidence that has been rejected or explain why that evidence was deemed unpersuasive. State ex rel. Scouler v. Indus.

City of Cleveland Hts. v. Reid, Unpublished Decision (1-19-2006)

2006 Ohio 170 · Ohio Court of Appeals · Jan 19, 2006

To the extent that appellant argues that the magistrate did not give proper weight to the photographs, it is well established that the weight to be given evidence is primarily for the trier of fact. State v. … Martin (1983), 20 Ohio App.3d 172 , 175 , 485 N.E.2d 717 . {¶ 33} Upon review, we do not find that the trial court clearly lost its way and created a manifest miscarriage of justice.

Jedlicka v. McClure, 2008-A-0017 (12-12-2008)

2008 Ohio 6555 · Ohio Court of Appeals · Dec 12, 2008

Klima was qualified to testify as an expert and the measurements done by Mr. Klima and used by Dr. Bowles were admitted into evidence without objection. Dr. … Under the plain error standard, an appellant must demonstrate that the outcome of the trial would clearly have been different but for the errors alleged. State v.

In re Maj.A.

2018 Ohio 575 · Ohio Court of Appeals · Feb 13, 2018

It also appeared that they were up-to-date on immunizations and had no other health concerns. {¶ 34} The GAL agreed that during mother’s longest period of sobriety—from September 2014 to February 2017, she appeared … is required “beyond a reasonable doubt” in criminal cases, and 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. Brefford

2025 Ohio 4436 · Ohio Court of Appeals · Sep 23, 2025

The Moore court broadly held that “the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle, pursuant to the automobile exception to the … As such, the evidence presented at trial established Mr.

Adams v. Metallica, Inc.

143 Ohio App. 3d 482 · Ohio Court of Appeals · Jun 1, 2001

Conversely, the “open courts” provision of Section 16, Article I of the Ohio Constitution provides that “[a]ll courts shall be open * * This language *487 has been interpreted, however, to create only “a qualified right of … (Adams describes Metallica’s music as “dark, fast, violent, loud, antisocial and anti-establishment.”)

Lightening Rod Mut. Ins. Co. v. Southworth

2016 Ohio 3473 · Ohio Court of Appeals · Jun 16, 2016

Washington No. 08CA35, 2009-Ohio-3126, ¶ 16. {¶19} Summary judgment is appropriate only when the following have been established: (1) that there is no genuine issue as to any material fact; (2) that the moving party … “An exception to the absolute duty exists when all the claims are each clearly and indisputably outside the coverage.” Id.

In re M.F.

2024 Ohio 2272 · Ohio Court of Appeals · Jun 13, 2024

and throughout the lower court proceedings until paternity was established in late 2021. … The GAL testified that while M.F. had a good bond with Mother and Father, he was still too young to clearly articulate his wishes.

State v. Centers

2026 Ohio 451 · Ohio Court of Appeals · Feb 12, 2026

Further, he argues that R.S.’s trial testimony is insufficient to establish the elements of rape, beyond a reasonable doubt, because R.S. included qualifying language in her testimony. … While we acknowledge that R.S. may have had a motivation to lie, this does not mean that the court clearly lost its way and created a manifest miscarriage of justice.