Case law

State Ex Rel. Fern v. City of Cincinnati

161 Ohio App. 3d 804 · Ohio Court of Appeals · Jun 24, 2005

It then authorizes the council to establish special positions in the police force as needed. … . {¶ 32} Clearly, nothing in the charter conflicts with state law.

West v. Bode

2019 Ohio 4092 · Ohio Court of Appeals · Sep 30, 2019

See R.C. 5301.53 (other exceptions include public utility or railroad easements, clearly observable easements, and federal government interests). … the individual parties to bring the action, as they must assert a personal stake in the outcome of the action in order to establish standing.”

State v. Wagner

2015 Ohio 5502 · Ohio Court of Appeals · Dec 30, 2015

“Reversal is warranted only if the outcome of the trial clearly would have been different absent the error.” … To be sure, Boger clearly described her interviews as “forensic.”

State v. Jarvis

152 N.E.3d 1225 · Ohio Court of Appeals · Mar 23, 2020

R.C. 2903.42(A)(1). {¶12} Each violent offender is also presumed to have a duty to enroll, duty to re- enroll, and duty to provide notice of a change of address (VOD duties) with respect to the qualifying offense … In this example, the new statute could not be applied retroactively because it is clearly punitive, and would impose new or additional burdens, duties, obligations, or liabilities to a past transaction.

In re G.A.

2020 Ohio 1120 · Ohio Court of Appeals · Mar 23, 2020

G.A. had been in the agency’s custody well beyond two years and no longer qualified for temporary custody. … Nonetheless, we find that the record clearly and convincingly supports the juvenile court’s remaining best-interest factors under R.C. 2151.414(D)(1).

Brahm v. DHSC, L.L.C.

2016 Ohio 1206 · Ohio Court of Appeals · Mar 21, 2016

Appellant maintains the trial court abused its discretion in denying their request for a protective order and motion to quash, and in ordering the production of what appellant believes qualify as peer review and quality … 160 Ohio App.3d 196, 2005- Ohio-1482, 826 N.E.2d 384[“Huntsman I”] for the proposition that an in camera review is not permitted,2 Further, in this particular situation, the change to the statute is clearly

State v. Kilby

2013 Ohio 5340 · Ohio Court of Appeals · Dec 6, 2013

Nevertheless, the State’s theory clearly included an assertion that at or following Mrs. … This, of course clearly corresponds with the remaining allegations of the prosecution in this Court, i.e., that Mrs.

State v. Meadows

2013 Ohio 1742 · Ohio Court of Appeals · Apr 29, 2013

“Plain error does not exist unless it can be said that but for the error, the outcome of the trial would clearly have been otherwise.” State v. Moreland, 50 Ohio St.3d 58, 62, 552 N.E.2d 894 (1990). … to testify regarding the results of the dye test, it was established by the State that Wilster was a Registered Sanitarian and Public Health Inspector, experienced in inspecting sewage and septic systems.

St. Louis-San Francisco Ry. Co. v. Glow Electric Co.

35 Ohio App. 291 · Ohio Court of Appeals · Apr 29, 1929

The effect of this act, as amended, has been clearly set out in the case of Adams Express Co. v. Croninger, 226 U. S., 491, 504, 505, 506, 33 S. Ct., 148 , 57 L. Ed., 314 , 44 L. R. A. (N. S.), 257. … To give such emphasis to the words, ‘any loss or damage,’ would be to ignore the qualifying words, ‘caused by it.’

State ex rel. Cleveland Metro. School Dist. v. Indus. Comm.

2022 Ohio 2150 · Ohio Court of Appeals · Jun 23, 2022

Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus. … direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the employee is otherwise qualified

Brahm v. DHSC, L.L.C.

2016 Ohio 1205 · Ohio Court of Appeals · Mar 21, 2016

. {¶19} If the party seeking to appeal fails to establish why an immediate appeal is necessary, the court must presume an appeal in the ordinary course would be meaningful and effective. Id. … Appellant maintains the trial court abused its discretion in denying their request for a protective order and motion to quash, and in ordering the production of what appellant believes qualify as peer review and quality

State v. Hall

2009 Ohio 3824 · Ohio Court of Appeals · Aug 3, 2009

Collection of biographical information such as this, however, does not qualify as a “custodial interrogation” for purposes of Miranda. State v. … III at 440). {¶85} Hall has failed to clearly and convincingly demonstrate that the trial court’s imposed six-year term of incarceration was in error.

Beaver v. Licking Valley Local School Dist. Bd. of Edn.

2015 Ohio 4557 · Ohio Court of Appeals · Oct 30, 2015

argues that this omission resulted in a denial of his due process rights. {¶29} The Supreme Court of Ohio has stated that students facing suspension or exclusion from school have property and liberty interests that qualify … As noted by one court, “the spirit of R.C. 3313.66 clearly intends that a pupil should not risk cold evidence nor lose valuable classroom time to administrative delay on the part of disciplining school officials.”

Dunbar v. Beacom

210 N.E.3d 1165 · Ohio Court of Appeals · Mar 17, 2023

The videotape clearly contradicted the version of the story told by the plaintiff. … In Harris, the Court had to choose between only two versions of events, one of which was clearly proven incorrect, especially considering the existence of video evidence.

Groveport Madison Local Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision

124 N.E.3d 341 · Ohio Court of Appeals · Nov 15, 2018

Twelve out of twenty-one properties that Weis utilized to establish his capitalization rate were not restaurants, while nearly all the properties utilized by Sprout to establish his capitalization rate were fast food restaurants … Appellant submits that Weis's appraisal was clearly laid out whereas Sprout's report failed to include any No. 17AP-693 20 qualitative

Sivinski v. Kelley

2011 Ohio 2145 · Ohio Court of Appeals · May 5, 2011

And although such conduct is egregious and qualifies as an improper act, the absence of an “ulterior motive” defeats an abuse of process claim. Id.; see, also, Grange Mut. Cas. Co. v. … As stated by the court, “Clearly, the trial court had no authority to order club members how to vote.”

State v. Jackson, Unpublished Decision (4-19-1999)

Ohio Court of Appeals · Apr 19, 1999

Neal were together at the prior incident and were together at the incident sub judice establishing "motive" or "plan." … The statement was not offered for the "truth of the matter asserted" and therefore did not qualify as hearsay. See, Evid.R. 801(C).

State v. Cartwright, Unpublished Decision (2-8-2002)

Ohio Court of Appeals · Feb 8, 2002

That was not a prohibited form of testimony that, in Ott's opinion, S. was credible, but was a form of opinion which is clearly permitted under the rule of State v. Boston, supra. … "Consequently, police need not advise an individual of his or her Fourth Amendment right to refuse to consent to a search; `the government need not establish such knowledge as the sine qua non of an effective consent.'"

State v. Valdez

2017 Ohio 4260 · Ohio Court of Appeals · Jun 14, 2017

Test to Establish Ineffective Assistance of Counsel {¶24} To establish a claim of ineffective assistance of counsel, defendant must satisfy a two-prong test. … Was Prejudice Established? {¶46} The next question is whether Valdez established that he was prejudiced by his counsel’s deficient performance.

Lawson v. Lawson, Unpublished Decision (12-21-2006)

2006 Ohio 6890 · Ohio Court of Appeals · Dec 21, 2006

Lawson Client Datasheet Projected, Datasheet 2.) {¶ 21} "The above amount for Wife does not include any divorced widow benefit as all the following requirements must be met in order for Wife to qualify: {¶ 22} "Must have … f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; {¶ 57} "(g) The standard of living of the parties established