Fact /Law. Trier of

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More than 10.000 documents for Fact /Law. Trier of

- State v. Waller, (Ohio 2011)
Criminal Law: The trier of fact must determine whether an accused has carried the burden of proving the affirmative defense of insanity
- Ohio Supreme Court
- In re Gurley, (Ohio 2003)
CRIMINAL LAW - suppression hearing; trier of fact in best position to evaluate evidence; custodial interrogation; defendant may selectively waive Miranda rights.
- Ohio Supreme Court
- The Diagnostic Issue of Antisocial Personality Disorder in Civil Commitment Proceedings: A Response to Declue
... spends time in his article discussing the fact that the preference does not need to be exclusive,...That is for the trier of fact, and the standards in the two roles are di...
- Journal of Psychiatry & Law
- Vol. 35 Nbr. 4, December 2007

- Stae v. Mook, (Ohio 2002)
CRIMINAL LAW/PLEAS MOTIONS & OTHER HEARINGS-Crim.R. 47; particularity; notice. CRIMINAL LAW/SEARCH & SEIZURE-trier of fact; credibility. CRIMINAL LAW-Crim.R. 12(J); court must allow seven days for state to appeal before dismissing case.
- Ohio Supreme Court
- Lost profits for breach of contract: would the court of appeals apply the second circuit's analysis?
... presented sufficient evidence to allow the trier of fact to award lost profit damages. Where no suc...
- Albany Law Review
- Vol. 74 Nbr. 2, January 2011
- State v. Mook, (Ohio 2002)
CRIMINAL LAW/PLEAS MOTIONS & OTHER HEARINGS-Crim.R. 47; particularity; notice. CRIMINAL LAW/SEARCH & SEIZURE-trier of fact; credibility. CRIMINAL LAW-Crim.R. 12(J); court must allow seven days for state to appeal before dismissing case.
- Ohio Supreme Court
- LaVallee v. Delle Rose, 410 U.S. 690 (per curiam) (1973)
... on the ground that the state court's factual determination on the voluntariness issue did not m..., properly assume that the state trier of fact applied correct standards of federal law t...
- U.S. Supreme Court
- Brothers v. Morrone-O'Keefe Dev. Co., L.L.C., (Ohio 2007)
In appellant's negligent misrepresentation cause of action, the record failed to establish by a preponderance of the evidence that appellee made any false statement as alleged, and, therefore, it was not against the manifest weight of the evidence for the trial court, as the trier of fact, to conclude that appellee was not liable for negligent misrepresentation. The law of the case doctrine precludes appellant from raising on an appeal from remand on trial court proceedings an issue that could have been raised in the previous appeal.
- Ohio Supreme Court
- Lorenzo Johnson v. Neal Mechling, (3rd Cir. 2011)
...We state the facts in the light most favorable to the Commonwealth, a... was sufficient evidence for a rational trier of fact to infer intent was an unreasonable applic...
- Federal Circuits
- State v. Roberts, (Ohio 2005)
Sex Offenses: The child victim’s testimony that the offender “started rubbing [her] vagina inside really hard, and it hurt” was sufficient evidence of vaginal penetration to support a finding of sexual conduct, as defined by R.C. 2907.01(A), and as a result, the offender’s conviction for rape under R.C. 2907.02 was not contrary to law. The trier of fact could have reasonably inferred that an offender’s touching of a child victim’s erogenous zones was done for the purpose of sexual gratification, and therefore was sufficient to support his conviction for gross sexual imposition under R.C. 2907.05(A)(4), where the offender ensured that he and the victim were alone in a bedroom with the door closed, and where he told the child that he loved her differently than he loved others and that h...
- Ohio Supreme Court