Case law

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.

State v. Maloney

2023 Ohio 2711 · Ohio Court of Appeals · Aug 7, 2023

Privilege is defined statutorily as "an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity." … These facts do not support the argument that Maloney established residency at 1721 Grand Boulevard.

In re S.H.

2024 Ohio 4495 · Ohio Court of Appeals · Sep 12, 2024

“Clear and convincing evidence” is that “measure or degree of proof” that “produce[s] in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” Cross v. … Particularly, Mother takes issue with Honeywood, who was not qualified as an expert, relying on hearsay statements from children’s medical and school records.

Warden v. Ohio Dept. of Natural Resources

2014 Ohio 35 · Ohio Court of Appeals · Jan 9, 2014

to establish disparate impact." … Clearly not. People that young will not have enough years in the Ohio Public Employees Retirement System ("OPERS") to retire.

State v. Manning

74 Ohio App. 3d 19 · Ohio Court of Appeals · May 8, 1991

Assignment of Error II “The trial court erred in finding that the state’s expert was qualified as an expert regarding the ‘battered woman’s syndrome.’ ” Manning’s counsel does not suggest, and we are unable to confirm, that … The order was clearly predicated upon the court’s inherent authority to regulate discovery proceedings. See, generally, United States v. Gerena (D.Conn.1987), 116 F.R.D. 596, 598 .

In re M.R.

2014 Ohio 2623 · Ohio Court of Appeals · Jun 16, 2014

Such statute also establishes that the pertinent portion of the double jeopardy clause is not violated here. {¶25} That is, as aforementioned, “The Double Jeopardy Clause of the Fifth Amendment to the United States … Because the statute clearly provides for a deferred classification until the time of release from the secure facility, the juvenile had no “legitimate expectation of finality” with regards to classification at the time of

State v. Greene

2025 Ohio 1096 · Ohio Court of Appeals · Mar 28, 2025

The expert testimony argued by Greene, moreover, does not clearly address a disputed issue in the case. … The evidence clearly showed that Greene made little to no attempt to honor donors’ wishes.

State v. Weston

16 Ohio App. 3d 279 · Ohio Court of Appeals · Aug 31, 1984

The Frye test bases admissibility of evidence resulting from the new practice or procedure on whether the procedure is “sufficiently established to have gained general acceptance in the particular field in which it belongs … Therefore, we are satisfied that Osborne and Wells were adequately qualified to conduct the hypnotic interview sessions at issue.

State v. Rosa

2019 Ohio 4888 · Ohio Court of Appeals · Nov 27, 2019

The element of force can be inferred from the circumstances surrounding the sexual conduct and is established if it is shown that the victim’s will was overcome by fear or duress. State v. … Statements made for the purposes of medical diagnosis and treatment are a clearly defined, long-standing exception to the rules of hearsay.

State v. Collins, Unpublished Decision (9-11-2003)

Ohio Court of Appeals · Sep 11, 2003

The definitions section relating to sexual imposition, R.C. 2907.01 , includes "the thigh" as an erogenous zone sufficient to establish impermissible sexual contact. … This evidence qualifies as additional "minimal evidence" sufficient to corroborate the victim's testimony about the incident outside the vehicle. Avon Lake v.

Krewina v. United Specialty Ins. Co.

2021 Ohio 4425 · Ohio Court of Appeals · Dec 17, 2021

To defeat coverage under a policy exclusion, “the insurer must establish not merely that the policy is capable of the construction it favors, but rather that such an interpretation is the only one that can fairly be placed … BCCC qualified as a care facility and, relevant here, the 15  OHIO FIRST DISTRICT COURT OF APPEALS statute defined abuse as “knowingly causing physical harm

State v. Jones, Unpublished Decision (5-28-2002)

Ohio Court of Appeals · May 28, 2002

She has been qualified as an expert witness before in the State of Ohio. (Tr. 840). Appellant now complains that this testimony was insufficient to qualify Ms. … Appellant contends that this statement is clearly beyond the evidence presented.

Stewart v. Stewart, Unpublished Decision (11-22-1999)

Ohio Court of Appeals · Nov 22, 1999

The parties clearly agreed to a review of the spousal support order at the time of appellant reaching the age of sixty-five. … Appellee's financial statement establishes expenses of $1,383.00 per month.

Kruse v. Fulton

17 Ohio Law. Abs. 490 · Ohio Court of Appeals · Jun 11, 1934

It is clearly the intention of both that the depositor is to continue the deposit and retain his right, as a depositor, to make additional deposits and to withdraw money from the account. … The right of set-off is an exercisable right, and not a fixed or natural right, conclusively established by the mere fact that each of the parties has a claim against the other.

Ei Uk Holdings v. Cinergy Uk, Unpublished Decision (3-23-2005)

2005 Ohio 1271 · Ohio Court of Appeals · Mar 23, 2005

Clearly the term "non-exclusive jurisdiction" must refer to the power of a court to hear an action not to the exclusion of other courts. … Nos. 70293, 70294, 70572, at *7-8 (stating that a choice of law provision will not establish a choice of forum), citing Anilas, Inc. v. Kern (1986), 28 Ohio St.3d 165 , 167 .

State v. Zappa

183 N.E.3d 1270 · Ohio Court of Appeals · Jan 31, 2022

must: review 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 trier of fact clearly … Nonetheless, this Court is mindful of the well-established principle that a trier of fact enjoys the best position to assess the credibility of witnesses. State v. Rivera, 9th Dist.

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. Hale

212 N.E.3d 32 · Ohio Court of Appeals · Mar 27, 2023

The trial court concluded that notwithstanding Hale’s claims of involuntariness, “the evidence clearly establishes that the draws of blood and urine * * * were not performed in violation of his Fourth and Fourteenth Amendment … However, the availability of this procedure is predicated on a valid arrest for one of the qualifying offenses listed in R.C. 4511.191(A)(5)(a).

Parrot v. A.R.e, Inc., Unpublished Decision (8-28-2006)

2006 Ohio 4527 · Ohio Court of Appeals · Aug 28, 2006

a member of the statutorily protected class, (2) was discharged, (3) was qualified for the position, and (4) was replaced by, or the discharge permitted the retention of, a person of substantially younger age." … of production cannot not involve credibility determinations); Burdine, supra, at 255 (holding that an employer's burden is met if it raises a genuine issue of fact as to whether it discriminated against the plaintiff by "clearly

Stocker v. Stocker

2012 Ohio 5821 · Ohio Court of Appeals · Dec 10, 2012

To qualify as the type of marital debt excepted from discharge under §523(a)(15), the [party contesting the dischargeability of the debt] bears the burden to establish … ]he [reviewing] court * * * weighs the evidence and all reasonable inferences, considers the credibility of the witnesses and determines whether in resolving conflicts in the evidence, the [finder of fact] clearly