Case law

In re C.H.

2025 Ohio 5352 · Ohio Court of Appeals · Nov 26, 2025

appellate court must weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the finder of fact clearly … ” but not to the extent of such certainty as 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

Toledo v. Indus. Comm. of Ohio, Unpublished Decision (6-12-2003)

Ohio Court of Appeals · Jun 12, 2003

The court noted that, while the lifetime nature of the award negates the need for continuing medical proof on claimant's behalf, the award is not completely immune from later review. … The SHO noted the evidence and concluded that it was not sufficient to establish new and changed circumstances. This magistrate agrees.

Ferraro v. Phar-Mor, Inc., Unpublished Decision (4-7-2000)

Ohio Court of Appeals · Apr 7, 2000

Defamation To establish a defamation claim, "a plaintiff must demonstrate the existence of a false publication causing injury to a person's reputation, or exposing him to public hatred, contempt, ridicule, shame or disgrace … This Court is aware that Appellee's Motion for Summary Judgment was based on the qualified immunity given to merchants pursuant to R.C. § 2935.041 .

State v. Richmond

2011 Ohio 6807 · Ohio Court of Appeals · Dec 30, 2011

evidence sustains the issue which is to be established before them. … Keeton’s statement to Boedecker was clearly admissible under Evid.

In Re A.S.

163 Ohio App. 3d 647 · Ohio Court of Appeals · Oct 5, 2005

Clear and convincing evidence is that which will *652 produce in the trier of fact “ ‘a firm belief or conviction as to the facts sought to be established.’ ” In re Adoption of Holcomb (1985), 18 Ohio St.3d 361, 368 , 18 … The dispositional options that the court has for such a child at that time include: (1) protective supervision, (2) temporary custody to a relative or qualifying agency or facility, (3) legal custody to either parent or a

State v. Pryor, Unpublished Decision (8-9-1999)

Ohio Court of Appeals · Aug 9, 1999

Any error created by the failure to ask the officer whether the voice on the tape was appellant's does not qualify under the harmless error standard. Crim.R. 52(A). … Clearly the tape was admissible therefore any objection would have been folly. Assignment of Error III is denied.

State v. Moss

2020 Ohio 2862 · Ohio Court of Appeals · May 8, 2020

business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified … His testimony, moreover, was limited to matters within his experience and observations, as established through his testimony, detailing his training, education, and years of experience in law enforcement.

Boney v. Boney

2010 Ohio 4245 · Ohio Court of Appeals · Sep 7, 2010

It was established by testimony from both parties that the wife had been diagnosed with this illness nearly twenty years ago. (Tr. 70, 209). … Still, as will be demonstrated below, this is not a reversible issue. ¶{55} Many of the purchases are clearly solely for the benefit of the daughter, who is a card holder, whereas the husband is not.

State v. Bailey

2015 Ohio 2997 · Ohio Court of Appeals · Jul 29, 2015

But not all of the challenged statements would have qualified as excited utterances. 9  OHIO FIRST DISTRICT COURT OF APPEALS Nonetheless, the state argues … According to Bailey, the harm that resulted from each offense was not separate and identifiable, as the physical harm relied upon by the state to prove the robbery was the physical harm that established the felonious assault

Isquick v. Dale Adams Enterprise, Inc., Unpublished Decision (8-7-2002)

Ohio Court of Appeals · Aug 7, 2002

Isquick first challenges the failure to instruct the jury on qualified privilege for the defamation claim. Qualified privilege is an affirmative defense to defamation. Morrison v. … Isquick failed to plead qualified privilege, and, as such, he has waived the defense. Therefore, it was not error for the court to refuse to issue a jury instruction on qualified privilege.

Birath v. Birath

53 Ohio App. 3d 31 · Ohio Court of Appeals · Jul 28, 1988

residence, her IRA account, her checking and savings accounts, her automobile, household goods in her possession, Kodak and Kemper stock, and thirty-three percent of plaintiffs Keogh plan assets to be transferred pursuant to a “Qualified … A review of the transcript clearly shows that the objection to further evidence at this point in the testimony was not sustained although the court did ask that the evidence be limited to economic results of plaintiff’s marital

State v. Fails

2025 Ohio 4680 · Ohio Court of Appeals · Oct 10, 2025

The State did not offer the statements of the dispatcher for the truth of the matter asserted and, therefore, they do not qualify as hearsay. … We cannot conclude that the outcome of the trial would clearly have been different but for the alleged errors.

State v. Bradford

2013 Ohio 480 · Ohio Court of Appeals · Feb 8, 2013

The error affects substantial rights when “ ‘but for the error, the outcome of the trial [proceeding] clearly would have been otherwise.’ ” State v. … To establish Adams App.

Mentor v. Sines

2015 Ohio 5546 · Ohio Court of Appeals · Dec 31, 2015

Appellant is clearly attempting to use zoning regulations to control or prohibit the sale of alcohol, which is prohibited by R.C. 519.211. … Station Holdings, if the property had been zoned for commercial use and would otherwise qualify for a permit, the city could not use local zoning regulation to prohibit the sale of alcoholic beverages at this location.

Vitale v. Modern Tool Die Company, Unpublished Decision (6-22-2000)

Ohio Court of Appeals · Jun 22, 2000

Employee Pam Goldsmith averred that Ralph was clearly not offended by the gesture. … The statement was protected by a qualified privilege, as it was a matter of common interest, and made to proper parties only.

State v. Houston, Unpublished Decision (8-16-2005)

2005 Ohio 4249 · Ohio Court of Appeals · Aug 16, 2005

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 … Based on the record before us, weighing the evidence and all reasonable inferences, we find that the jury did not clearly lose its way and create such a manifest miscarriage of justice that the conviction must be reversed

State v. Hill, Unpublished Decision (6-23-2005)

2005 Ohio 3155 · Ohio Court of Appeals · Jun 23, 2005

Clearly defendant could not have indicated what of the state's evidence should be suppressed when the state had failed to inform him until one hour before trial just what the evidence was. {¶ 16} State v. … Finally, in Lautzenheiser , the state had clearly established a valid reason for the stop. The state in the case at bar, however, did not establish any reasonable grounds for the stop.

State v. Maag, Unpublished Decision (7-25-2005)

2005 Ohio 3761 · Ohio Court of Appeals · Jul 25, 2005

Unlike the circumstances in McKee, the prosecution in the case sub judice laid a sufficient foundation to establish that Shetzer was qualified to offer lay witness testimony as to whether the substance was "cocaine." {¶ 39 … The record before us clearly indicates that the state did, in fact, supply this requested discovery to Maag.

Ohio Patrolmen's Benevolent Assn. v. Cleveland

2022 Ohio 1403 · Ohio Court of Appeals · Apr 28, 2022

Standard of Review When reviewing a decision of a common pleas court confirming, modifying, vacating, or correcting an arbitration award, we accept findings of fact that are not clearly erroneous as true … The moving party need only prove that it complied with the statutory requirements in order to establish service regardless of whether or not the attorney will represent the defending party in the vacatur proceeding.

Sweet v. North Ridgeville, Unpublished Decision (3-2-2005)

2005 Ohio 871 · Ohio Court of Appeals · Mar 2, 2005

Sweet Corn maintains that it "clearly alleged that the City of North Ridgeville's actions constituted negligence as well as intentional, willful and wanton misconduct[,]" and that "[a]ccepting these allegations as true, Appellant … Ohio Welding Prods., Inc. (1984), 15 Ohio St.3d 75 , 77 (one must show a duty to establish a claim for negligence); Shadoan v. Summit County Children Servs. Bd., 9th Dist. No. 21486, 2003-Ohio-5775, ¶¶ 12-14 .