genetic test (Ohio) · Go Syfert
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genetic test in Ohio

12 Ohio opinions name it 1 courts 1993–2016 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Marsh v. Claygreen
ohioctapp · 1998 · cited in 2 Ohio opinions naming this issue, 2002–2007
2 sentences

2007See id. {¶ 13} Appellant's contention that the trial court failed to notify him of the hearing and its consequences has no merit.

2002Marsh v. Clay (1998), 125 Ohio App.3d 518 , 520 .

12
Owens v. Bellgreen
ohio · 1983 · cited in 1 Ohio opinions naming this issue, 1994–1994
2 sentences

1994See, also, Owens v. Bell (1983), 6 Ohio St.3d 46 , 6 OBR 65, 451 N.E.2d 241 , parts one and two of the syllabus (holding that HLA tests constitute relevant and admissi *124 ble evidence to establish paternity, and such results would be admissible even in the absence of R.C. 3111.09 and 3111.10).

1994See, also, Owens v. Bell (1983), 6 Ohio St.3d 46 , 6 OBR 65, 451 N.E.2d 241 , parts one and two of the syllabus (holding that HLA tests constitute relevant and admissi *124 ble evidence to establish paternity, and such results would be admissible even in the absence of R.C. 3111.09 and 3111.10).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Hardy v. Wilson, Unpublished Decision (9-5-2006) green
ohioctapp · 2006
1 sentence

2016No. 05CA008815, 2006-Ohio-4532, ¶ 17-18 . {¶ 18} Here, the trial court made no finding on any of the three conditions under R.C. 3119.962(A)(1).

12016–2016
In re Guardianship of Elliot neutral
ohioctapp · 2010
1 sentence

2011In re Guardianship of Elliott, Putnam App. No. 12-10-02, 2010-Ohio-5405 . –4– {¶ 5} Approximately seven months after Z’s birth, results from a genetic test indicated Simpson could not be Z’s biological father.

12011–2011
State v. Trikilis, Unpublished Decision (3-26-2007) green
ohioctapp · 2007
1 sentence

2008At that point the report was admissible "without the need for foundation testimony or other proof of authenticity or accuracy." Id.

12008–2008
State v. Hairston green
ohio · 2004
1 sentence

2006The question is not what did the general assembly intend to enact, but what is the meaning of that which it did enact." State v. Hairston (1998), 101 Ohio St.3d 308 , 2004-Ohio-969 , at ¶ 12 , quoting Slingluff v. Weaver (1902), 66 Ohio St. 621 , paragraph two of the syllabus.

12006–2006
Santosky v. Kramer green
scotus · 1982
2 sentences

2005Santosky v. Kramer (1982), 455 U.S. 745 , 753 , 102 S.Ct 1388 .

2005Santosky v. Kramer (1982), 455 U.S. 745 , 753 , 102 S.Ct 1388 .

12005–2005
Van Dusen v. Van Dusen green
ohioctapp · 2003
1 sentence

2003On November 30, 2001, appellant filed her motion for relief from judgment and request for evidentiary hearing, pursuant to Civ.R. 60(B), in which she argued that the genetic test results justified relief from the judgment decree of divorce. {¶ 3 In February 2003, the trial court denied the motion on the basis that genetic testing had been available to the parties at the time of the divorce, appellant was in the best position to know whether marital infidelity had taken place around the time of Joshua's conception but never revealed that Joshua might not be appellee's biological child, and appe

12003–2003
Filkins v. Cales green
ohioctapp · 1993
1 sentence

2000Filkins v. Cales (1993), 86 Ohio App.3d 61 .

12000–2000
Strack v. Pelton green
ohio · 1994
1 sentence

1999As in Strack v. Pelton (1994), 70 Ohio St.3d 172 , appellant argues that his Civ.R. 60(B)claim is meritorious because a genetic test excludes him as the father.

11999–1999
Osler v. City of Lorain green
ohio · 1986
2 sentences

1993Although Dr. Barrows’ testimony does contain certain inconsistencies, it is our opinion that such evidence alone does not rise to the level of clear and convincing evidence, as is required to rebut the presumption of paternity established by the genetic test results in this case. *65 The Ohio Supreme Court set forth the established standard for reviewing a motion for judgment notwithstanding the verdict in Osler v. Lorain (1986), 28 Ohio St.3d 345 , 28 OBR 410, 504 N.E.2d 19 .

1993Although Dr. Barrows’ testimony does contain certain inconsistencies, it is our opinion that such evidence alone does not rise to the level of clear and convincing evidence, as is required to rebut the presumption of paternity established by the genetic test results in this case. *65 The Ohio Supreme Court set forth the established standard for reviewing a motion for judgment notwithstanding the verdict in Osler v. Lorain (1986), 28 Ohio St.3d 345 , 28 OBR 410, 504 N.E.2d 19 .

11993–1993

Statutes the citing opinions construe

OH § Ohio Rev. Code § 3111.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 13 (1991–2026) OH 12 (1993–2016) IN 11 (1997–2024) PA 8 (1996–2019) ND 7 (1994–2010) MD 7 (1978–2020) MN 5 (2000–2024) NY 5 (1992–2018) HI 5 (2002–2025) NJ 5 (2000–2021) KS 4 (2014–2022) UT 4 (2012–2026) TN 4 (1998–2015) MS 4 (1998–2010) TX 3 (1997–2024) IL 3 (2008–2011) OK 2 (2010–2010) WY 2 (1996–1996) NE 2 (2020–2023) CO 2 (2000–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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