green
Positive treatment
Issue: plain errorOH ↗
Issue: Brady violationOH ↗
Issue: could correct errorOH ↗
Issue: failure to bring errorOH ↗
16.5 score
G Cite
cited 2× by 1 distinct case, last quoted 2009 ·
…at the very least, an 'accomplice' must be a person indicted for the crime of complicity.
⚠ not in text
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited as authority (rule)
State v. Browning
State v. Wickline, 50 Ohio St. 3d 114, 117-18 , 552 N.E.2d 913, 918 (1990).
discussed
Cited as authority (rule)
Green v. State
In Stojetz, id., the Supreme Court of Ohio reasoned that co-conspirators were not co-defendants because the defendant “was the only person charged in the indictment[.]” In Stojetz, id., the Court quoted State v. Wickline, 552 N.E.2d 913, 918 (Ohio 1990), in which, in turn, the Court quoted the following definition of “co-defendant” in Black’s Law Dictionary (5th ed. 1979): “More than one defendant being sued in the same litigation; or, more than one person charged in same complaint or indictment with same crime.” (Emphasis added).
discussed
Cited as authority (rule)
William D. Wickline v. Betty Mitchell, Warden
The Ohio Supreme Court rejected Wickline’s argument, noting that, unlike most cases, the record contained a statement of counsel’s strategy, which led the court to conclude that “the manner in which appellant was represented at the mitigation phase was the result of an informed and tactical strategy.” State v. Wickline, 50 Ohio St.3d 114 , 552 N.E.2d 913, 925 (1990).
cited
Cited as authority (rule)
State v. Clemons
See, e.g., State v. Brown (1988), 38 Ohio St.3d 305, 316-317 , 528 N.E.2d 523, 538 (“monster”); State v. Wickline (1990), 50 Ohio St.3d 114, 121 , 552 N.E.2d 913, 921 (“Nazi”).
cited
Cited as authority (rule)
State v. Clemons
See, e.g., State v. Brown (1988), 38 Ohio St.3d 305, 316-317 , 528 N.E.2d 523, 538 (“monster”); State v. Wickline (1990), 50 Ohio St.3d 114, 121 , 552 N.E.2d 913, 921 (“Nazi”).
cited
Cited "see"
State v. Whittle
See Wickline, 50 Ohio St.3d at 119-120 , 552 N.E.2d 913 ; Baldwin, 1st Dist.
discussed
Cited "see"
State v. McConnell
See State v. Wickline, 50 Ohio St.3d 114,118 , 552 N.E.2d 913 (1990). {¶ 56} The Sixth Amendment to the United States Constitution and Section 10, Article I of the Ohio Constitution guarantee a criminal defendant the right to present witnesses on his or her own behalf and to use the power of the court to compel the -30- attendance of those witnesses, if necessary.
discussed
Cited "see"
State v. Johnson
See State v. Wickline, 50 Ohio St.3d 114, 119-120 , 552 N.E.2d 913 (1990); State v. Wright, 2017-Ohio-1568 , 90 N.E.3d 162, ¶ 45 (1st Dist.); Thomas at ¶ 22-23. {¶31} Next, Johnson takes issue with the admission of testimony regarding the items that the police had recovered from Lane’s trash.
cited
Cited "see"
State v. Randle
See State v. Iacona , 93 Ohio St.3d 83 , 100, 752 N.E.2d 937 (2001), citing State v. Wickline , 50 Ohio St.3d 114 , 116, 552 N.E.2d 913 , 917 (1990).
cited
Cited "see"
State v. Collier
See State v. Wickline, 50 Ohio St.3d 114, 119-120 , 552 N.E.2d 913 (1990); State v. Baldwin, 1st Dist.
discussed
Cited "see"
State v. Thomas
(2×)
See State v. Wickline, 50 Ohio St.3d 114, 119-120 , 552 N.E.2d 913 (1990); Hirsch, 129 Ohio App.3d at 309 , 717 N.E.2d 789 . {¶24} Thomas further contends that the trial court should not have allowed into evidence statements to the effect that police detectives told Lavender that Thomas was incarcerated, that he had been involved with two other shootings, and that he “was a bad dude.” Again, Thomas did not object to this testimony.
discussed
Cited "see"
State v. Cedeno
See State v. Wickline (1990), 50 Ohio St.3d 114, 119-120 , 552 N.E.2d 913 , certiorari denied (1990), 498 U.S. 908 , 111 S.Ct. 281 , 112 L.Ed.2d 235 ; State v. Underwood (1983), 3 Ohio St.3d 12, 13 , 3 OBR 360, 444 N.E.2d 1332 . .
discussed
Cited "see"
Goff v. Bagley
(2×)
See State v. Wickline, 50 Ohio St.3d 114 , 552 N.E.2d 913, 918 (1990) (defining "accomplice" under a former version of § 2923.03(D) as a person who "at the very least ... [was] indicted for the crime of complicity"); State v. Lordi, 140 Ohio App.3d 561 , 748 N.E.2d 566, 572 (2000) (applying the Wickline accomplice definition to a later version of § 2923.03(D)); State v. Royce, Nos.
discussed
Cited "see"
Goff v. Bagley
See State v. Wickline, 552 N.E.2d 913, 918 (Ohio 1990) (defining “accomplice” under a former version of § 2923.03(D) as a person who “at the very least 14 On Lee v. United States, 343 U.S. 747 (1952), cited by Goff in his brief, does not change our analysis.
discussed
Cited "see"
State v. Perez
(2×)
See State v. Wickline (1990), 50 Ohio St.3d 114, 118 , 552 N.E.2d 913 (“at the very least, an ‘accomplice’ must be a person indicted for the crime of complicity”).
cited
Cited "see"
State v. Green, 90092 (7-3-2008)
See *Page 7 State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 .
cited
Cited "see"
State v. Marshall, Unpublished Decision (6-22-2005)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; State v. Hirsch (1998), 129 Ohio App.3d 294 , 717 N.E.2d 789 ; State v. Burrell, 1st Dist.
cited
Cited "see"
State v. Smith, Unpublished Decision (5-11-2005)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; Hirsch, supra; Burrell, supra. We overrule Smith's sixth assignment of error.
discussed
Cited "see"
State v. Burrell, Unpublished Decision (1-7-2005)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; Hirsch, supra. We overrule Burrell's third assignment of error. {¶ 16} In his fourth assignment of error, Burrell contends that the trial court erred in admitting into evidence, as a prior consistent statement, a taped statement Gardner had made to police.
cited
Cited "see"
State v. Mosley, Unpublished Decision (12-8-2004)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; Hirsch, supra; Doan, supra. Accordingly, we overrule Mosley's seventh assignment of error, and we affirm his conviction.
cited
Cited "see"
State v. Skatzes
See State v. Wickline (1990), 50 Ohio St.3d 114,119-120 , 552 N.E.2d 913 .
cited
Cited "see"
State v. Brundage, Unpublished Decision (12-3-2004)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 119-120 , 552 N.E.2d 913 ; State v. Cooperrider (1983), 4 Ohio St.3d 226 , 227 , 448 N.E.2d 452 .
cited
Cited "see"
State v. Brundage, Unpublished Decision (12-3-2004)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 119-120 , 552 N.E.2d 913 ; State v. Cooperrider (1983), 4 Ohio St.3d 226 , 227 , 448 N.E.2d 452 .
cited
Cited "see"
State v. Murrell, Unpublished Decision (11-3-2004)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; State v. Cooperrider (1983), 4 Ohio St.3d 226 , 448 N.E.2d 452 .
cited
Cited "see"
State v. Lynch
See State v. Wickline (1990), 50 Ohio St.3d 114, 120 , 552 N.E.2d 913 .
cited
Cited "see"
State v. Boyles, Unpublished Decision (2-5-2003)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; State v. Underwood (1983), 3 Ohio St.3d 12 , 444 N.E.2d 1332 .
cited
Cited "see"
State v. Harshaw, Unpublished Decision (7-10-2002)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; State v. Cooperrider (1983), 4 Ohio St.3d 226 , 448 N.E.2d 452 .
cited
Cited "see"
State v. Karasek, Unpublished Decision (5-24-2002)
See id., citing State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 .
cited
Cited "see"
State v. Wright, Unpublished Decision (5-22-2002)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 119-120 , 552 N.E.2d 913 , 919-920 ; Echols, supra, at 704 , 716 N.E.2d at 747 .
cited
Cited "see"
State v. Johnson, Unpublished Decision (12-06-2000)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 ; State v. Hirsch (1998), 129 Ohio App.3d 294 , 717 N.E.2d 789 .
cited
Cited "see"
State v. Barfield, Unpublished Decision (9-10-1999)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 120 , 552 N.E.2d 913 , 920 .
discussed
Cited "see"
State v. Heard, Unpublished Decision (8-13-1999)
(2×)
See State v. Wickline (1990), 50 Ohio St.3d 114 , 119-120 , 552 N.E.2d 913 , 919-920 .
discussed
Cited "see"
State v. Sizemore, Unpublished Decision (5-28-1999)
See Wickline, supra , at 112-120, 552 N.E.2d at 919 -920 . "[T]he plain error rule is to be applied with the utmost caution and invoked under exceptional circumstances, in order to prevent a manifest miscarriage of justice." State v. Cooperrider (1983), 4 Ohio St.3d 226 , 227 , 448 N.E.2d 452 , 453 .
discussed
Cited "see"
State v. Hirsch
See State v. Wickline (1990), 50 Ohio St.3d 114, 120 , 552 N.E.2d 913, 920 , certiorari denied (1990), 498 U.S. 908 , 111 S.Ct. 281 , 112 L.Ed.2d 235 ; Lowe, supra, 69 Ohio St.3d at 530-531 , 634 N.E.2d at 619 ; Soke, supra, 105 Ohio App.3d at 250 , 663 N.E.2d at 1001-1002 .
examined
Cited "see"
State v. Wogenstahl
(3×)
also: Cited "see, e.g."
See Wickline, supra, 50 Ohio St.3d 114, 119-120 , 552 N.E.2d 913, 919-920 .
examined
Cited "see"
State v. Wogenstahl
(3×)
also: Cited "see, e.g."
See Wickline, supra, 50 Ohio St.3d 114, 119-120 , 552 N.E.2d 913, 919-920 . {¶ 48} We agree with appellant that the prosecutor’s final closing argument was riddled with improper comments regarding the nature and circumstances of the offense.
cited
Cited "see"
State v. Scudder
See State v. Wickline (1990), 50 Ohio St.3d 114, 118 , 552 N.E.2d 913, 918 ; and State v. Lane (1976), 49 Ohio St.2d 77 , 3 O.O.3d 45 , 358 N.E.2d 1081 , paragraph two of the syllabus.
cited
Cited "see"
State v. Scudder
See State v. Wickline (1990), 50 Ohio St.3d 114, 118 , 552 N.E.2d 913, 918 ; and State v. Lane (1976), 49 Ohio St.2d 77 , 3 O.O.3d 45 , 358 N.E.2d 1081 , paragraph two of the syllabus.
discussed
Cited "see"
State v. Sowell
A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome.” United States v. Bagley (1985), 473 U.S. 667, 682 , 105 S.Ct. 3375, 3383 , 87 L.Ed.2d 481, 494 ; see State v. Wickline (1990), 50 Ohio St.3d 114 , 552 N.E.2d 913 .
discussed
Cited "see"
State v. Durr
See State v. Wickline (1990), 50 Ohio St. 3d 114, 124 , 552 N.E. 2d 913, 923-924 ; State v. Buell, supra; State v. Maurer, supra; State v. Zuern, supra; State v. Jenkins, supra. Appellant argues that a reviewing court must make a separate finding that a lower court’s decision was not influenced by passion, prejudice or any other arbitrary factor.
discussed
Cited "see"
State v. Jells
See State v. Wickline (1990), 50 Ohio St. 3d 114, 124 , 552 N.E. 2d 913, 923-924 ; State v. Buell (1986), 22 Ohio St. 3d 124 , 22 OBR 203, 489 N.E. 2d 795 ; State v. Maurer, supra; State v. Zuern (1987), 32 Ohio St. 3d 56 , 512 N.E. 2d 585 ; State v. Jenkins, supra. Since appellant has not presented any compelling reason why we should now find the statute to be unconstitutional, we reject appellant’s fourteenth proposition of law.
discussed
Cited "see, e.g."
State v. Pitts
“Where, however, the evidence is revealed in time for the defense to use it effectively at or before trial, no 17. constitutional violation has occurred.” State v. Barzacchini, 96 Ohio App.3d 440, 454 , 645 N.E.2d 137 (6th Dist.1994); see also State v. Wickline, 50 Ohio St.3d 114, 116 , 552 N.E.2d 913 (1990) (emphasizing that Brady applies to discovery of information after trial, and holding that because the records were presented during the trial, there was no Brady violation). {¶ 38} Here, the claimed knowledge that there were no reports or documents created by Janowiecki during the cou…
discussed
Cited "see, e.g."
State v. Bendolph
The Due Process Clause may or may not be implicated, depending whether the evidence is disclosed "in time for its effective use at trial" and whether the timing of the disclosure otherwise "significantly impairs the fairness of the trial." Iacona , 93 Ohio St.3d 83 , 100, 752 N.E.2d 937 (2001), citing United States v. Smith Grading & Paving, Inc. , 760 F.2d 527 , 532 (4th Cir.1985) ; see also State v. Wickline , 50 Ohio St.3d 114 , 116, 552 N.E.2d 913 (1990). {¶ 50} Here, Bendolph's counsel's opening statement contained general statements that the jury should "keep in mind" the presumption of…
cited
Cited "see, e.g."
State v. Hawkins
See also State v. Wickline, 50 Ohio St.3d 114, 116 , 552 N.E.2d 913 (1990), citing United States v. Agurs, 427 U.S. 97, 103 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976); State v. Braun, 8th Dist.
cited
Cited "see, e.g."
State v. Thomas, Unpublished Decision (12-14-2006)
See, also, State v. Wickline (1990), 50 Ohio St.3d 114 , 117 , 552 N.E.2d 913 . {¶ 20} Generally, Crim.R. 16(B)(2) exempts police reports from discovery.
cited
Cited "see, e.g."
State v. Iacona
See, also, State v. Wickline (1990), 50 Ohio St.3d 114, 117 , 552 N.E.2d 913, 917 .
cited
Cited "see, e.g."
State v. Iacona
See, also, State v. Wickline (1990), 50 Ohio St.3d 114, 117 , 552 N.E.2d 913, 917 .
discussed
Cited "see, e.g."
State v. Shoffner, Unpublished Decision (3-17-1999)
R. 16 because he was granted immunity from prosecution) vacated on other grounds, (1978) 439 U.S. 811 , 58 L.Ed2d 103 , 99 S.C. 70 ; See also, State v. Wickline (1990), 50 Ohio St.3d 114 , 118 , 552 N.E.2d 913 , 918 .
cited
Cited "see, e.g."
State v. Stepp
See, also, State v. Wickline (1990), 50 Ohio St.3d 114, 118 , 552 N.E.2d 913, 918-919 , quoting Black’s Law Dictionary (5 Ed.1979) 16.
Retrieving the full opinion text from the archive…
The State of Ohio
v.
Townsend
v.
Townsend
No. 89-267.
Ohio Supreme Court.
Apr 11, 1990.
John T. Corrigan, prosecuting attorney, and Mary A. Haas, for appellant., Sanford I. Atkin, for appellee.
Brown, Douglas, Holmes, Moyer, Nick, Res, Sweeney, Wright.
Published
Lead Opinion
This appeal is dismissed, sua sponte, as having been improvidently allowed.
Moyer, C.J., Sweeney, Douglas, Wright, H. Brown and Res-nick, JJ., concur. Holmes, J., dissents.Dissent
Holmes, J.,
dissenting. I would reverse the judgment of the court of appeals and I would overrule State v. Dick (1971), 27 Ohio St. 2d 162, 56 O.O. 2d 101, 271 N.E. 2d 797.