Case law

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).

State v. Davis, 90050 (6-5-2008)

2008 Ohio 3453 · Ohio Court of Appeals · Jun 5, 2008

An appellate court is to accept the trial court's factual findings unless they are clearly erroneous. … The level of intent required to commit a burglary offense is clearly expressed in the statute: "with purpose to commit *** any criminal offense ***."

Schneider v. Schneider

7 Ohio App. Unrep. 202 · Ohio Court of Appeals · Sep 14, 1990

All of these treatments have some side effects usually related to increase risk of infection due to a lowering of the body's immune system. … "The determination of what facts constitute extreme cruelty in a given case must be left to the broad, but sound, discretion of the trial court and whether sufficient evidence has been presented to establish extreme cruelty

State v. Feller

2012 Ohio 6016 · Ohio Court of Appeals · Dec 21, 2012

C-080437, 2009-Ohio-5474, ¶ 62, (an unborn child qualified as a victim separate and apart from its pregnant mother). … We first determine whether the sentences imposed were clearly and convincingly contrary to law. State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio- 4912, 896 N.E.2d 124, ¶ 14.

Colter v. Spanky's Doll House, Unpublished Decision (1-27-2006)

2006 Ohio 408 · Ohio Court of Appeals · Jan 27, 2006

. {¶ 2} The present appeal stems from an altercation at an adult-entertainment establishment known as Spanky's Doll House ("Spanky's"). The incident resulted in Eric Colter being shot to death by another patron. … It does not clearly notify an insured that assaults are excluded no matter by whom they are committed. It does not clearly notify an insured that assaults committed by third persons are excluded.

State v. Burgess, Unpublished Decision (11-4-1999)

Ohio Court of Appeals · Nov 4, 1999

III THE TRIAL COURT ERRED BY DENYING APPELLANT'S MOTION TO SUPPRESS BECAUSE THE STATE FAILED TO ESTABLISH THAT THE PLAIN VIEW EXCEPTION JUSTIFIED THE SEIZURE OF THE SHOTGUN. … The facts presented sub judice clearly fall within this scope of coming to the aid of a potentially injured person. Patrolman Cochran was summoned to the apartment by Ms. Luckeydoo's father, John Luckeydoo. Mr.

Lykins v. Miami Valley Hospital

157 Ohio App. 3d 291 · Ohio Court of Appeals · May 28, 2004

Hossain indicated that he was not qualified to testify as an expert in this matter. Thus, we see no basis for compelling such testimony. … Hossain was represented by separate counsel who clearly acted as his advisor with regard to this matter.

State ex rel. AWMS Water Solutions, L.L.C. v. Mertz

204 N.E.3d 140 · Ohio Court of Appeals · Dec 19, 2022

In September 2013, AWMS furnished a confidential offering memorandum to potential qualified investors to raise the capital to construct the wells on the Site. … Clearly, in order for there to be a cognizable property interest sufficient to support a takings claim, the latter must be true.” (Emphasis sic.) Id. {¶41} V. ANALYSIS {¶42} A.

Matter of Kinstle, Unpublished Decision (3-6-1998)

Ohio Court of Appeals · Mar 6, 1998

If not, this appeal does not qualify as a final, appealable order under R.C. 2505.02 . … Rather, the children remain in the care and custody of CSB for the prescribed time established approximately one year earlier.

Ohio University v. Ohio Civil Rights Commission

175 Ohio App. 3d 414 · Ohio Court of Appeals · Mar 5, 2008

His productivity in terms of papers, presentations, funding, and students started slowly but are clearly increasing in the last few years. … A trial court abuses its discretion where its decision is clearly erroneous, that is, the trial court misapplies the law to undisputed facts.” Case W. Res.

Deutsche Bank Natl. Trust Co. v. Najar

2013 Ohio 1657 · Ohio Court of Appeals · Apr 25, 2013

person with knowledge of the act, event or condition; (3) it must have been recorded at or near the time the transaction; and (4) a foundation must be laid by the custodian of record or some other qualified … Accordingly, appellants’ argument is without merit. {¶52} Appellants further contend that the note is nonnegotiable because “[t]he first full paragraph of Section 11 of the note clearly makes the note subject to

Cleveland Bd. of Education v. Lesko

2 Ohio App. Unrep. 426 · Ohio Court of Appeals · Apr 12, 1990

They had to present evidence of "the validity of the defenses claimed immune to the statute." Id. Riley cites Civ. … Clearly there are two possibilities, not three: the date of the wrongful conduct or the date of discovery which may be established to be the date the plaintiff knew by virtue of the actual injury which gives notice.

State v. Mangie

2011 Ohio 1005 · Ohio Court of Appeals · Feb 25, 2011

A dentist can assign to a basic qualified personnel certain listed functions, including: “Impression, fabrication, cementation and removal of provisional restorations, not to include palliative or sedative restorations” and … , the reviewing court examines 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 trial court clearly

In the Matter of Mercy Anne G., Unpublished Decision (3-14-2007)

2007 Ohio 1197 · Ohio Court of Appeals · Mar 14, 2007

Following voir dire, the court below qualified Drs. … Moreover, appellants have not established, and did not establish *Page 29 below, that the source of information or the method or circumstances of preparing the records indicated a lack of trustworthiness.

State v. Hartley

194 Ohio App. 3d 486 · Ohio Court of Appeals · May 27, 2011

Certainly if the state had presented testimony from a qualified medical expert, the case against Hartley would have been much stronger, because the website information detailed specific and more serious side effects of … But our review of the record fails to persuade us that the trial court, sitting as the trier of fact, clearly lost its way and created such a manifest miscarriage of justice that the endangering-children convictions must

Wiesenmayer v. Vaspory

2019 Ohio 1805 · Ohio Court of Appeals · May 10, 2019

R.C. 5162.211(D) clearly provides that the lien may include amounts paid after the lien is recorded. Accord Ohio Dept. of Job & Family Servs. v. … In the absence of a probate estate, the state may seek recovery of Medicaid benefits from third parties to whom qualifying assets have passed. Ohio Adm.Code 5101:1-38-10(E)(2)(a).

Mills v. Westlake

2016 Ohio 5836 · Ohio Court of Appeals · Sep 15, 2016

“If the party fails to meet this burden, summary judgment is not appropriate; if the moving party meets this burden, summary judgment is appropriate only if the nonmoving party fails to establish the existence of a genuine … Therefore a jury could find implied malice, recklessness, and willful bad faith on the part of police officer Cook that preclude qualified immunity for him, and are issues for the jury as triers of fact to weight

State v. Philpot, Unpublished Decision (6-14-2004)

2004 Ohio 3006 · Ohio Court of Appeals · Jun 14, 2004

Therefore, under the three-part Deem test, misdemeanor nonsupport of dependents is clearly a lesser included offense to felony nonsupport of dependents. {¶ 17} The analysis does not end here, however. … There is Ohio authority holding that under such circumstances those 28 weeks would additionally qualify as a failure "to provide support as established by a court order * * *" in violation of R.C. 2919.21 (B). State v.

PHH Mortgage Corp. v. Barker

190 Ohio App. 3d 71 · Ohio Court of Appeals · Oct 18, 2010

Based on the information provided by the Barkers, the Mortgage Service Center would determine whether they qualified for a “Workout Option to Avoid Foreclosure.” … PHH objected to the use of Robert Barker’s affidavit as the only evidence to establish a dispute of fact. 5 At trial, the coupon book was admitted into evidence.

Dublin City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision

124 N.E.3d 359 · 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-692 20 qualitative