Case law

State ex rel. Quest Diagnostics, Inc. v. Indus. Comm.

187 N.E.3d 678 · Ohio Court of Appeals · Mar 31, 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. … The commission's determination clearly controverts our decision in Pratt.

State v. Black

2024 Ohio 1206 · Ohio Court of Appeals · Mar 29, 2024

“Like any other element of an offense, identity may be established through direct or circumstantial evidence.” State v. Jackson, 9th Dist. … The State later offered her immunity from prosecution in exchange for her testimony. {¶18} The half-sister testified that both Black and J.B. were her half-brothers, although the two men were not blood relations

State v. Gartrell

2014 Ohio 5203 · Ohio Court of Appeals · Nov 24, 2014

“‘[T]he 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 warrant requirement.’” … Gartrell did not object to the trial court qualifying Rentz as an expert concerning scientific analysis of controlled substances, including heroin.

Jeffrey Allen Industries, L.L.C. v. Manco

2014 Ohio 268 · Ohio Court of Appeals · Jan 24, 2014

Offenburger [appellant], on the other hand, hired two young but well- qualified attorneys,… Mr. … The mere size of the verdict is insufficient to establish proof of passion or prejudice.

In Re Spec. Grand Jury Investigation, Unpublished Decision (9-30-1999)

Ohio Court of Appeals · Sep 30, 1999

We found in Uretsky that appointment books may qualify as required records if the provider agreement requires such records to be maintained. … Clearly, appellant has customarily kept the handwritten patient progress notes and the notations in the appointment book.

Barnett v. Carr, Unpublished Decision (9-17-2001)

Ohio Court of Appeals · Sep 17, 2001

We find that those cases, along with Civ.R. 56(E), clearly hold that supporting and opposing affidavits cannot themselves contain hearsay or other inadmissible evidence. … In contrast, "qualified" nuisance is premised upon negligence. To recover damages for a qualified nuisance, negligence must be averred and proven. Id . at 713 and 715; Allen Freight Lines, Inc. v. Consol.

State v. Schillo

2014 Ohio 2262 · Ohio Court of Appeals · May 29, 2014

Bench Trial {¶4} Through the testimony of 15 witnesses, the evidence established that on November 9, 2012, at approximately 11:30 p.m., during a light drizzle, David Gamble was traveling eastbound on his bicycle … Instead, Schillo slammed directly into Gamble. {¶11} Bernier stated that the bicyclist was clearly visible, despite it being night-time, and despite the light rain drizzle.

Lawless v. Lawrence Cty. Bd. of Edn.

141 N.E.3d 267 · Ohio Court of Appeals · Jan 9, 2020

Instead, the special audit report observed that the contract language on the performance incentive “did not clearly define the word ‘unencumbered’ nor did it clearly define which general fund balance(s) were to be used … Id. at ¶ 15-16. {¶24} Even if a special audit qualified as an “action” for purposes of the duty to defend clause, it was not “brought against” Lawless; rather, the auditor conducted a special audit of ESC in accordance

Cincinnati v. State

2024 Ohio 2425 · Ohio Court of Appeals · Jun 26, 2024

State, 95 Ohio St.3d 149, 2002-Ohio-2005, 766 N.E.2d 963, Amended R.C. 9.68 no longer qualified as a “general law” under the Home Rule Amendment, meaning that it effectively violated the Ohio Constitution’s reservation … See City of Columbus, 2023-Ohio-2858, 223 N.E.3d 540, at ¶ 49 (“[W]e do not find the evidence in the record before us clearly and convincingly established the City would suffer imminent and irreparable injury in 2022 if

O'Brien v. Pathfinder Svc. Assn., Unpublished Decision (3-31-2003)

Ohio Court of Appeals · Mar 31, 2003

This is clearly demonstrated by the enactment of Ohio's first anti-gambling provisions, on February 14, 1807, under the title, `an act, for the prevention of certain immoral practices.' … Likewise, the evidence clearly reflects that Young and Smith were in a position to benefit financially from the operation of this business; however, the state did not present clear and convincing evidence that they were paid

Pt Properties v. Liquor Control Comm., Unpublished Decision (6-5-2003)

Ohio Court of Appeals · Jun 5, 2003

Appellee attached several documents purporting to establish that the tip tickets it sold were for the exclusive benefit of a 501(c)(3) corporation. {¶ 3} Contemporaneous with the filing of the motion in the common pleas court … Further, in this court's opinion in PT Properties, this court clearly considered and rejected appellee's contention that the mere presence of the 501(c)(3) letters on the permit premises absolved it from wrongdoing: {¶ 14

State v. Harris, 2006 Ca 39 (4-11-2008)

2008 Ohio 1753 · Ohio Court of Appeals · Apr 11, 2008

"Contrastingly, the decision as to which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified, by reason and … Harris notes that the police did not perform a gunshot residue test on him or anyone else to determine whether Harris had recently fired a firearm. {¶ 47} Based on the record, we cannot conclude that the jury clearly lost

State v. Sharp

2014 Ohio 4140 · Ohio Court of Appeals · Sep 22, 2014

The call detail record includes all incoming and outgoing phone calls 1 Deputy Mueller was qualified as an expert witness in digital evidence collection. … We cannot say that the jury clearly lost its way in believing the State’s witnesses over Sharp. {¶45} Sharp also argues that the lack of physical evidence is another reason to overturn the jury’s verdict.

Heller v. Heller, 07ap-871 (6-30-2008)

2008 Ohio 3296 · Ohio Court of Appeals · Jun 30, 2008

the acquisition of a professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … concern is discounted to present value and divided, and where excess earnings arising from that ownership interest will constitute part of that spouse's stream of income into the future. {¶ 22} In this case, the evidence clearly

State v. Davis

2017 Ohio 2916 · Ohio Court of Appeals · May 22, 2017

Since the “weight of the evidence and [the] sufficiency of the evidence are clearly different legal concepts,” we will evaluate the facts of this case under both standards. State v. … This test reads as follows: To establish a prima facie violation of the fair-cross-section requirement * * * a defendant must prove that: (1) a group qualifying as “distinctive” (2) is not fairly and

Sagonowsky v. Andersons, Inc., Unpublished Decision (1-28-2005)

2005 Ohio 326 · Ohio Court of Appeals · Jan 28, 2005

Opportunity for employment and advancement should be available to all qualified candidates * * *. {¶ 21} "* * * We strive for leadership which not only cares, but listens. … Rather, these statements are qualified aspirational statements regarding job longevity and security. Appellant demonstrates no exchange of bilateral promises, consideration or mutual assent. See Bowes, 6th Dist. No.

Matter of Hahn, Unpublished Decision (2-25-2000)

Ohio Court of Appeals · Feb 25, 2000

She testified that while she was in Florida, she had taken Austin to the doctor as needed and that he had been properly immunized. … He stated that Austin had not been properly immunized and that at least twice, she had made appointments but had failed to keep them.

State v. Urbina

2016 Ohio 7009 · Ohio Court of Appeals · Sep 27, 2016

[DEFENSE COUNSEL]: Your Honor, that calls for a conclusion as to a scientific finding that there's been no demonstration on how the trooper is qualified to make that. … I mean, they hadn't covered up because it was still snowing; and, I mean, you could clearly see the impression of the tire marks right on the snow. (Tr. at 52-53.)

Kinkaid v. Kinkaid

2016 Ohio 7680 · Ohio Court of Appeals · Nov 7, 2016

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; (g) The standard of living of the parties established … the spouse who is seeking spousal support to acquire education, training, or job experience Stark County, Case No. 2016CA00001 12 so that the spouse will be qualified

State v. Thompson

2014 Ohio 4665 · Ohio Court of Appeals · Oct 15, 2014

convicted of all four counts.4 Appellant was before the court for sentencing on September 16, 2013 and a journal entry of 2 It was stipulated between the attorneys that the forensic scientists testifying at trial were qualified … To find plain error, the outcome of trial clearly would have been otherwise. State v. McCausland, 124 Ohio St.3d 8, 2009-Ohio-5933, 918 N.E.2d 507, at ¶15; State v.