Case law

Sagonowsky v. Andersons, Inc., Unpublished Decision (1-28-2005)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

State v. Weaver

178 Ohio App. 3d 504 · Ohio Court of Appeals · Sep 30, 2008

The law clearly permits this kind of expert testimony, and Dr. Mieeli did not go beyond permissible boundaries and opine whether these children were in fact abused by Bell.” (Emphasis added.) … A criminal defendant’s constitutional right to confrontation is not violated when a qualified expert DNA analyst testifies at trial in place of the DNA analyst who actually conducted the testing.” State v.

State v. Wegmann, 1-06-98 (2-19-2008)

2008 Ohio 622 · Ohio Court of Appeals · Feb 19, 2008

However, it was clearly established at trial that the gun was working properly and could only have fired if the trigger was pulled. … qualifier for "foreseen."

State v. Phillips

2014 Ohio 5162 · Ohio Court of Appeals · Nov 20, 2014

The Supreme Court of Ohio has held that "the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search." State v. … Pursuant to Moore, the testimony presented by Wilder, a narcotics detective qualified to recognize the odor of marijuana, was sufficient to establish probable cause to conduct the warrantless search of appellant's vehicle

Geesaman v. St. Rita's Medical Center

183 Ohio App. 3d 555 · Ohio Court of Appeals · Aug 10, 2009

Thaler provided testimony to establish proximate causation, witnesses for the two defendant doctors and Dr. … Lanzieri qualified as a medical expert in radiology. Therefore, Civ.R. 32(A)(3) was satisfied.

In Re Lambert, 2007-G-2751 (6-8-2007)

2007 Ohio 2857 · Ohio Court of Appeals · Jun 8, 2007

Holland qualified for food stamps, because he was disabled and was on Medicaid, and Frasure qualified for food stamps, because she was receiving workers' compensation benefits. … However, as stated by the Supreme Court of Ohio: "the trial court [is not] required to credit evidence in support of maintaining the parental relationship when evidence supporting termination outweighs it clearly and convincingly

State v. Gordon

2017 Ohio 5796 · Ohio Court of Appeals · Jul 12, 2017

OF ERROR I THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ALLOWING THE STATE TO INTRODUCE INTO EVIDENCE A PRIVATE RECORDED PHONE CALL BETWEEN A HUSBAND AND A WIFE IN VIOLATION OF THE SPOUSAL IMMUNITY … “This Court may not reverse the judgment of the  25 trial court on the basis of plain error, unless appellant has established that the outcome of trial clearly would have

State v. Brown, Unpublished Decision (4-14-2000)

Ohio Court of Appeals · Apr 14, 2000

weight-of-the-evidence question, we must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … Frequently, blood splatter interpretation has been used to establish the location of the victim or attacker during a homicide.

Coleman v. Kindercare Learning Center, Unpublished Decision (12-30-1999)

Ohio Court of Appeals · Dec 30, 1999

McFaul (1997), 123 Ohio App.3d 199 , 207 ("[g]enerally, the determination of whether appellees are protected by the doctrine of qualified immunity for their actions turns on the objective legal reasonableness of the action … The elements necessary to establish actionable negligence consist of the existence of a duty, a breach of that duty and an injury proximately resulting from the breach. Evans v.

Misra v. Mishra

126 N.E.3d 367 · Ohio Court of Appeals · Dec 20, 2018

. *** In this case, the testimony and evidence establishes that Plaintiff voluntarily elects to forego pursuing meaningful, full- time employment, and she … Appellant cites to our cases of Chapman and Apps. {¶ 23} However, Chapman and Apps are clearly distinguishable from the present action.

State v. Bruce

224 N.E.3d 715 · Ohio Court of Appeals · Sep 18, 2023

Further, the earlier testimony about these Pay-Per-View purchases does not clearly establish that Timothy had, in fact, accessed pornographic movies on his television but only established that he could have accessed such … (Mar. 1 Tr. 66).14 Since Thompson had not previously dealt with a situation in which a child had raised sexual abuse allegations, she was clearly not qualified to give an opinion about what was typical in such cases.

In Re Thompson v. V.F.W. of the U.s, Unpublished Decision (4-3-2000)

Ohio Court of Appeals · Apr 3, 2000

In this context, abuse of discretion implies that the decision is "without reasonable basis and is clearly wrong." Id. at 581. … To establish a prima facie case of discrimination, the employee must demonstrate by a preponderance of the evidence that (1) she was a member of the statutorily protected class, (2) she suffered an adverse employment action

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. Wallace, Unpublished Decision (11-6-2006)

2006 Ohio 5819 · Ohio Court of Appeals · Nov 6, 2006

This Court may not reverse the judgment of the trial court on the basis of plain error, unless Appellant has "established that the outcome of the trial clearly would have been different but for the alleged error." … Accordingly, cohabiting is just one of the two ways in which the victim can be qualified as a "person living as a spouse."

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

Metropolitan Bank Trust v. Roth, Unpublished Decision (3-12-2003)

Ohio Court of Appeals · Mar 12, 2003

Further, as to * * * [a] property owner, the right to retain ownership of his property is clearly a substantial right, and it is the confirmation order which operates to divest him of that right."). … New Carlisle (1999), 86 Ohio St.3d 594 , 597 (holding that a decision of the trial court granting summary judgment based on immunity for one of several defendants in a civil action becomes a final, appealable order when the

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

Internatl. Assn. Fire Fighters v. Findlay, Unpublished Decision (4-10-2006)

2006 Ohio 1774 · Ohio Court of Appeals · Apr 10, 2006

"It is well established that before an Ohio court can consider the merits of a legal claim, the person seeking relief must establish standing to sue." State ex rel. Ohio Academy of Trial Lawyers v. … Were the position vacant, or were there some claim that Captain Clark was not qualified, there may be a public interest involved. See Id. at 472 .

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.

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.