detailed analysis in Ohio

2016Delaware County, Case No. 15CAA 0077 18 {¶55} In State v. Dunivant, Stark App. No. 2003CA00175, 2005-Ohio-1497 , the Ninth District Court of Appeals, sitting by assignment for this Court, provided a detailed analysis of the issue sub judice: “Under the rule of curative admissibility, or the ‘opening the door’ doctrine, the introduction of inadmissible evidence by one party allows an opponent, in the court’s discretion, to introduce evidence on the same issue to rebut any false impression that might have resulted from the earlier admission.” United States v. Whitworth (C.A.9, 1988), 856 F.2d 12

2009You started developing information as to where from there Marcellus Hudson would have gone or where he could be; is that fair? {¶ 116} "A. Yes." Trial Transcript at 359-360. {¶ 117} Appellant claims that without an opportunity to confront Sherrell, he was deprived of his Sixth Amendment rights in violation of the rule announced in Crawford v. Washington (2004), 541 U.S. 36 , 124 S.Ct. 1354 . {¶ 118} The Sixth Amendment to the United States Constitution states, in pertinent part: "In all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against h

2009No. 14-04-37, 2005-Ohio-1603 , ¶ 12 , citing Hall v. Hall , 3d Dist.

2007However, "a trial court may substantially comply with R.C. 3109.04 (D)(1)(a)(iii), without providing a detailed analysis, if its reasons for approval or denial of the shared parenting plan are apparent from the record." Erwin , 2005-Ohio-1603 , ¶ 12 , referencing Hall v. Hall (1997), 3d Dist.

2011Our -5- review is limited to the equity, i.e., fairness * * *.''' Hiscox, supra at ¶53 , quoting, Fergus v. Fergus (1997), 117 Ohio App.3d 432, 438 , 690 N.E.2d 949 . {¶16} John first contends that the trial court did not articulate the reasons behind its property division determination.

2011Our -5- review is limited to the equity, i.e., fairness * * *.''' Hiscox, supra at ¶53 , quoting, Fergus v. Fergus (1997), 117 Ohio App.3d 432, 438 , 690 N.E.2d 949 . {¶16} John first contends that the trial court did not articulate the reasons behind its property division determination.

2010Tinker v. Sears, Roebuck & Co. (C.A.6, 1997), 127 F.3d 519, 524 . -24- Case No. 1-09-58 {¶41} Even without a detailed analysis of what the hiring statistics would have been if those eight operators had not been included in the pool, we find the following statistics concerning the ages of the employees who were hired further negate Miller’s claims that Appellees had a discriminatory animus against older workers.

2010Tinker v. Sears, Roebuck & Co. (C.A.6, 1997), 127 F.3d 519, 524 . -24- Case No. 1-09-59 {¶42} Even without a detailed analysis of what the hiring statistics would have been if those eight operators had not been included in the pool, we find the following statistics concerning the ages of the employees who were hired further negate Frick’s claims that Appellees had a discriminatory animus against older workers.

2009You started developing information as to where from there Marcellus Hudson would have gone or where he could be; is that fair? {¶ 116} "A. Yes." Trial Transcript at 359-360. {¶ 117} Appellant claims that without an opportunity to confront Sherrell, he was deprived of his Sixth Amendment rights in violation of the rule announced in Crawford v. Washington (2004), 541 U.S. 36 , 124 S.Ct. 1354 . {¶ 118} The Sixth Amendment to the United States Constitution states, in pertinent part: "In all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against h

2009You started developing information as to where from there Marcellus Hudson would have gone or where he could be; is that fair? {¶ 116} "A. Yes." Trial Transcript at 359-360. {¶ 117} Appellant claims that without an opportunity to confront Sherrell, he was deprived of his Sixth Amendment rights in violation of the rule announced in Crawford v. Washington (2004), 541 U.S. 36 , 124 S.Ct. 1354 . {¶ 118} The Sixth Amendment to the United States Constitution states, in pertinent part: "In all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against h

2009You started developing information as to where from there Marcellus Hudson would have gone or where he could be; is that fair? {¶ 116} "A. Yes." Trial Transcript at 359-360. {¶ 117} Appellant claims that without an opportunity to confront Sherrell, he was deprived of his Sixth Amendment rights in violation of the rule announced in Crawford v. Washington (2004), 541 U.S. 36 , 124 S.Ct. 1354 . {¶ 118} The Sixth Amendment to the United States Constitution states, in pertinent part: "In all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against h

2009You started developing information as to where from there Marcellus Hudson would have gone or where he could be; is that fair? {¶ 116} "A. Yes." Trial Transcript at 359-360. {¶ 117} Appellant claims that without an opportunity to confront Sherrell, he was deprived of his Sixth Amendment rights in violation of the rule announced in Crawford v. Washington (2004), 541 U.S. 36 , 124 S.Ct. 1354 . {¶ 118} The Sixth Amendment to the United States Constitution states, in pertinent part: "In all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against h

2008Peter's Catholic Church (1993), 87 Ohio App.3d 752 , 757 , 622 N.E.2d 1184 . {¶ 34} Based upon the rule of law announced in Chambers , the Second District Court of Appeals in Zimmerman held that the violation of an administrative regulation can constitute negligence per se if the regulation provides a specific and detailed requirement, and does not require the intervention of human judgment or decision-making for compliance.

2008Peter's Catholic Church (1993), 87 Ohio App.3d 752 , 757 , 622 N.E.2d 1184 . {¶ 34} Based upon the rule of law announced in Chambers , the Second District Court of Appeals in Zimmerman held that the violation of an administrative regulation can constitute negligence per se if the regulation provides a specific and detailed requirement, and does not require the intervention of human judgment or decision-making for compliance.

2003In support of his argument, defendant relies on the Ohio Supreme Court's decision in State v. Deal (1969), 17 Ohio St.2d 17 , as well as two decisions from this court, State v. VanMeter (July 11, 1985), Franklin App. No. 84AP-987, and State v. Prater (1990), 71 Ohio App.3d 78 . {¶ 13} In Deal, supra, the Supreme Court of Ohio held that where an indigent defendant questions the effectiveness and adequacy of assigned counsel, the trial court is obligated to inquire into the complaint and make such inquiry a part of the record.

2003In support of his argument, defendant relies on the Ohio Supreme Court's decision in State v. Deal (1969), 17 Ohio St.2d 17 , as well as two decisions from this court, State v. VanMeter (July 11, 1985), Franklin App. No. 84AP-987, and State v. Prater (1990), 71 Ohio App.3d 78 . {¶ 13} In Deal, supra, the Supreme Court of Ohio held that where an indigent defendant questions the effectiveness and adequacy of assigned counsel, the trial court is obligated to inquire into the complaint and make such inquiry a part of the record.

2026Persuasive Authority {¶42} Although ERMPT has not yet been squarely addressed in a controlling decision, recent appellate authority interpreting Ohio’s mandatory sentencing framework strongly supports the conclusion that reduction mechanisms cannot apply to mandatory prison terms. {¶43} In State v. Armstead, 2026-Ohio-999 (10th Dist.), the Tenth District conducted a detailed analysis of what constitutes a “mandatory prison term” under Ohio law and, more importantly, what that designation requires.

2026This detailed analysis does not normally lend itself to resolution on a motion to dismiss, which solely “‘tests the sufficiency of the complaint’” and asks whether the requester “cannot prove a set of facts entitling him to recovery.” Jones v. Galloway, 2026-Ohio-1250, ¶ 8 , quoting State ex rel.

2025The court extensively and methodically examined each claim individually. {¶ 23} With respect to the preindictment delay claim, the court found that Williams’ counsel’s (who filed the motion to withdraw) application of State v. Adams, 2015-Ohio-3954 , that “‘[a] delay becomes presumptively prejudicial as it approaches one year in length’” in connection with a preindictment delay was “an incorrect reading of Adams.” The trial court then quoted what the Adams court stated: “‘Unlike a Sixth Amendment speedy-trial claim, no presumption of prejudice arises in the due-process context when a preindict

2024Id. at 101-105. {¶32} The Sixth Circuit recently provided a detailed framework for as-applied challenges to 922(g)(1) in United States v. Williams, 113 F.4th 637 (6th Cir. 2024).

2024In State v. Hartman, 161 Ohio St.3d 214 , 2020-Ohio-4440 , 161 N.E.3d 651 , the Ohio Supreme Court provided a detailed framework for considering the admissibility of other-acts evidence under Evid.R. 404(B). {¶67} At step one, the court must require the proponent of the evidence to identify a specific purpose from those enumerated in Evid.R. 404(B) for which the evidence is being admitted and then assess the relevance of the proffered evidence to that purpose.

2024In State v. Hartman, 161 Ohio St.3d 214 , 2020-Ohio-4440 , 161 N.E.3d 651 , the Ohio Supreme Court provided a detailed framework for considering the admissibility of other-acts evidence under Evid.R. 404(B). {¶67} At step one, the court must require the proponent of the evidence to identify a specific purpose from those enumerated in Evid.R. 404(B) for which the evidence is being admitted and then assess the relevance of the proffered evidence to that purpose.

2024Finally, 180 Industrial filed a third [Cite as Calypso Asset Mgt., L.L.C. v. 180 Indus., L.L.C., 2024-Ohio-2339 .] Franklin County, Case No. 22AP-718 14 request for sanctions in the amount of $298,000.00 against Brunner Quinn, Calypso, and Alterra, jointly and severally, aptly comparing the sanctions portion of this case to Charles Dickens’ Bleak House.1 {¶15} The trial court engaged in a detailed analysis in which it reconsidered the award of sanctions in light of the CAM III decision, and thus complied with the second prong of the CAM III court’s instruction. {¶16} The trial court has broad

2024On October 5, 2022, the trial court issued a Decision on Sanctions Motions in which it conducted a detailed analysis of the frivolous conduct and sanctions issues, noting that the purpose of [Cite as Calypso Asset Mgt., L.L.C. v. 180 Indus., L.L.C., 2024-Ohio-2339 .] Franklin County, Case No. 22AP-718 8 sanctions is to “deter abuse of the judicial process, and discourage egregious, overzealous, unjustifiable and frivolous actions.” Following a detailed analysis of the issues, the trial court held: While CAM was found to have brought a frivolous claim in Calypso II, the fees-shifting provision

2023For example, respondents rely on Norwood v. Horney, 110 Ohio St.3d 353 , 2006-Ohio-3799 , ¶ 1 but Norwood dealt with a municipality “taking [] an individual’s property by eminent domain and transferring the property to a private entity for redevelopment.” -17- Case Nos. 14-23-18, 14-23-19, 14-23-20, 14-23-21 14-23-22, 14-23-23, 14-23-24, 14-23-25 {¶35} While respondents may have preferred a more detailed analysis, a trial court under Burns is only required to make specific findings concerning the challenged terms, and that was specifically done here.

2023Id.

2023(Citations omitted.) State v. Webb, 5th Dist. Muskingum No. CT2018-0069, 2019-Ohio-4195 , 2019 WL 5092631 , ¶ 17.

2023The court imposed maximum sentences for each offense, and went on to order that each of those sentences be served consecutively: Pursuant to State versus Bonnell, cited at 140 Ohio St. 3d 209 , also 2014-Ohio-3177 , at Paragraph 22 of that decision.

2023The court imposed maximum sentences for each offense, and went on to order that each of those sentences be served consecutively: Pursuant to State versus Bonnell, cited at 140 Ohio St. 3d 209 , also 2014-Ohio-3177 , at Paragraph 22 of that decision.

2022See, e.g., In re E.O.T., 2019-Ohio-352 , at ¶ 45; see also Hall, 2017-Ohio-8968 , at ¶ 33 (“A trial court is not required to provide a detailed analysis of the child’s best interest before modifying the terms of a shared parenting plan. * * * Rather, ‘a trial court substantially complies with R.C. 3109.04(E)(2)(b) if its reasons for modifying the terms of a shared parenting plan are apparent from the record; i.e., if it is apparent from the record that the modification is in the child’s best interest.’”), quoting Bishop v. Bishop, 4th Dist. Washington No. 08CA44, 2009-Ohio-4537 , ¶ 38; Giovani

2022For a more detailed analysis of these provisions, see LWV I, ___ Ohio St.3d ___, 2022-Ohio-65 , ___ N.E.3d ___, at ¶ 193-200 (Kennedy, J., dissenting). {¶ 115} The subjective map-drawing requirements include the standards that the members of the commission keep in mind when drawing a plan.

2022See, e.g., In re T.B.-G., 8th Dist. Cuyahoga No. 106713, 2018-Ohio-4116 , ¶ 4; In re A.K., 2d Dist. Champaign No. 2013-CA-63, 2015-Ohio- 29, ¶ 39, fn. 4; Lawson v. Lawson, 5th Dist. Licking No. 13-CA-8, 2013-Ohio-4687, ¶ 56 ; see also In re T.M.M., 2017-Ohio-9219 , 102 N.E.3d 558, ¶ 24-28 (7th Dist.) (magistrate did not abuse discretion in failing to detail what was learned from child during in camera interview other than his preference that he remain living with his mother under the current arrangement; “a trial court is not required to issue findings of fact pertaining to an in camera interv

2021We stated: The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." This protection applies to Ohio citizens through the Fourteenth Amendment to the United States Constitution, Benton v. Maryland, 395 U.S. 784, 794 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), and is additionally guaranteed by the Ohio Constitution, Article I, Section 10.

2021We stated: The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." This protection applies to Ohio citizens through the Fourteenth Amendment to the United States Constitution, Benton v. Maryland, 395 U.S. 784, 794 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), and is additionally guaranteed by the Ohio Constitution, Article I, Section 10.

2020The Ohio Supreme Court has held that “Civ.R. 52, requiring separate findings of fact and conclusions of law upon timely request, applies to change of custody proceedings[.]” Werden [v. Crawford], 70 Ohio St.2d 122 ,] at 124 [ 435 N.E.2d 424 (1982)].

2020The Ohio Supreme Court has held that “Civ.R. 52, requiring separate findings of fact and conclusions of law upon timely request, applies to change of custody proceedings[.]” Werden [v. Crawford], 70 Ohio St.2d 122 ,] at 124 [ 435 N.E.2d 424 (1982)].

2019Lake No. 2007-L-218, 2008-Ohio-5856, ¶23 . {¶19} At sentencing, the trial court engaged in a detailed analysis of the R.C. 2929.12 factors.