Case law

Smith v. Ohio Department of Rehabilitation & Correction

104 Ohio App. 3d 210 · Ohio Court of Appeals · May 23, 1995

Appellant argues that the trial court’s decision was both against the manifest weight of the evidence and was clearly wrong. … One of those inmates, James Young, was qualified to teach Braille, a system of printing and writing for the blind. Mr.

Booker v. State

33 Ohio App. 338 · Ohio Court of Appeals · Aug 27, 1929

The record shows clearly enough that Booker had been twice convicted of violating the ijquor laws as charged in the indictment. … It is also well established in this state that as indicating the character of the accused he may show the good reputation he has in the community in which he lives.

State v. Miclau, Jr.

104 Ohio App. 347 · Ohio Court of Appeals · Feb 27, 1957

The owner of an establishment where intoxicating liquors are sold, who leaves his fifteen year old son in such establishment to ‘watch’ a volunteer bartender while the owner is *374 absent on an errand, is guilty of acting … There is no such rule of immunity for law violations in this state.

Cutnaw v. City of Columbus

107 Ohio App. 413 · Ohio Court of Appeals · Oct 21, 1958

Pertinent here is an annotation on “Municipal establishment or operation of off-street public parking facilities” found in 8 A. L. … R. (2d), p. 373, published in 1950, at p. 397, VI, “Municipal Liability or Immunity,” §15, “In general; function as governmental or proprietary.”

Watson v. Cuyahoga Metro. Hous. Auth.

2014 Ohio 1617 · Ohio Court of Appeals · Apr 17, 2014

Phillips-Oliver’s Immunity {¶36} Plaintiffs next assert, in the fifth assignment of error, that the trial court erred in determining that Phillips-Oliver was entitled to sovereign immunity as a matter of law. … The court stated: The Ohio Public Records Act nor the federal Freedom of Information Act] do not apply as neither statute clearly affords protection to employees who violate procedures.

Pratt v. Byers

41 Ohio App. 112 · Ohio Court of Appeals · Oct 23, 1931

The mere fact that the court characterized it as an explanation does not establish it as such if the effect of what was said did not amount to an explanation. … The limitation on the right of a court to modify, qualify, or explain was clearly all-inclusive, and reached every charge or instruction in waiting that the court may have given upon request of counsel.

Bank of Am. v. Miller

2016 Ohio 7018 · Ohio Court of Appeals · Sep 23, 2016

Norwalk, 192 Ohio App.3d 331, 2011-Ohio-548, 949 N.E.2d 63 (6th Dist.) regarding the restoration of immunity. … In order to restore immunity under R.C. 2744.03(A)(5) must the political subdivision establish with admissible evidence that discretionary decisions were rendered?

Morway v. Obwc, Unpublished Decision (10-27-2005)

2005 Ohio 5701 · Ohio Court of Appeals · Oct 27, 2005

(Complaint at ¶ 13.) {¶ 14} Under federal law, a government official or employee is entitled to qualified immunity in performing discretionary functions unless the official or employee knew or reasonably should have known … that the conduct at issue would violate a clearly established statutory or constitutional right.

State ex rel. Cordray v. Makedonija Tabak 2000

189 Ohio App. 3d 73 · Ohio Court of Appeals · Jun 24, 2010

Id. {¶ 4} Ohio’s qualifying statute (effective June 30, 1999) is codified in R.C. Chapter 1346. … Specifically, it was alleged that MT-2000 (1) faded to certify to appellee that it had established a qualified escrow fund and (2) failed to make proper escrow deposits with respect to the units of cigarettes it sold in Ohio

Sayyah v. Cutrell

143 Ohio App. 3d 102 · Ohio Court of Appeals · Apr 9, 2001

It is well established that to establish a cause of action for legal malpractice, one must show (1) an attorney-client relationship giving rise to a duty, (2) a breach of that duty, and (3) damages proximately caused by the … It is also well *110 established that “[a]n attorney is immune from liability to third persons arising from his performance as an attorney in good faith on behalf of, and with the knowledge of his client, unless such third

In re J.G.

2025 Ohio 1933 · Ohio Court of Appeals · May 29, 2025

Therefore, the State failed to establish that she is a qualified witness who could provide the necessary foundation for the business-records exception, and the trial court erred in admitting the phone log into evidence … The prosecutor clearly vouched for the credibility of both K.S. and Detective Werner.

Tharp v. Hillcrest Baptist Church of Columbus

204 N.E.3d 709 · Ohio Court of Appeals · Dec 27, 2022

. {¶ 46} Under Ohio law, "[t]he elements of qualified privilege are: '[A] defendant must establish that (1) he acted in good faith; (2) there was an interest to be upheld; (3) the statement was limited in its scope … plaintiff has established a prima facie case of defamation, a defendant may invoke the defense of qualified privilege.

Frank v. Frank

9 Ohio Law. Abs. 486 · Ohio Court of Appeals · Dec 23, 1930

In his answer the defendant admitted that he agreed to make a lease, and the evidence establishes that none was made, and if the jury believed the evidence of plaintiff that the defendant, after receiving the services of … Complaint is made that the plaintiff and one of his witnesses were permitted to testify as to the yalue of said services without being qualified to do so.

State v. Dress

10 Ohio App. 3d 258 · Ohio Court of Appeals · Dec 17, 1982

R.C. 2317.02 establishes several testimonial privileges which operate to exclude communications made or acts done in the course of certain relationships specified therein. … In the present case the physician was the person best qualified to testify to a relevant fact, — was the defendant intoxicated?

State v. Patterson

2014 Ohio 2740 · Ohio Court of Appeals · Jun 24, 2014

Thus, Patterson was clearly guilty of felonious assault unless attendant facts established that self-defense applied or that the aggravated assault statute applied. {¶ 3} Felonious assault is defined by R.C. 2903.11 … Clearly, Patterson was responsible for the encounter and the assault on Minter.

State v. Moore

78 Ohio Law. Abs. 380 · Ohio Court of Appeals · May 14, 1958

That the defendant gave money to police officers of the City of Akron was clearly supported by the evidence. … The substance of this request was clearly and correctly contained in the court’s general charge.

State v. Rowley

94 N.E.3d 907 · Ohio Court of Appeals · Jul 17, 2017

And in turn, that the remaining evidence establishes his conviction is against the manifest weight of the evidence. … Therefore, we do not find the jury clearly lost its way or created such a manifest miscarriage of justice that Rowley's conviction must be reversed.

State v. Barker

2022 Ohio 3939 · Ohio Court of Appeals · Nov 4, 2022

Here, the record establishes that Barker forced his way into Callicoat’s apartment and struck him, thereby causing some bruising and a swollen eye. Plea Tr. p. 9. … Although the transcript of the sentencing hearing establishes that the trial court failed to specifically address the sentencing factors in R.C. 2929.11 and R.C. 2929.12, absent an affirmative showing to the contrary, an

Anderson v. Bright Horizons Children's Ctrs., L.L.C.

2022 Ohio 1031 · Ohio Court of Appeals · Mar 29, 2022

Both Anderson and Anderson's mother had informed Delaney that Anderson’s congenital heart defect adversely affected her immune system. … Consequently, we will not address whether the evidence establishes pretext.

Greenlee v. Richart

2025 Ohio 2540 · Ohio Court of Appeals · Jul 18, 2025

THE TRIAL COURT ABUSED ITS DISCRETION IN THIS REGARD, AND COMMITTED REVERSIBLE ERROR OF LAW BY FINDING THAT PEREZ HAD ESTABLISHED HIS DEFENSE OF QUALIFIED PRIVILEGE AS PEREZ’S TESTIMONY AND … They further claim the trial court erred in finding that Perez’s statements to law enforcement were protected by the defense of qualified privilege. {¶ 39} “Qualified privilege is an affirmative defense to a defamation