Bunch claim (Ohio) · Go Syfert
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Bunch claim in Ohio

5 Ohio opinions name it 2 courts 1989–2025 3 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 (3)

CaseFollowedCited
Hinton v. Alabamagreen
scotus · 2014 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Hinton v. Alabama, 571 U.S. 263, 273 (2014).

11
State v. Colegreen
ohio · 1982 · cited in 1 Ohio opinions naming this issue, 2022–2022
2 sentences

2022Instead, the petition must be sufficient on its face to raise an issue whether Bunch was deprived of the effective assistance of counsel, and Bunch’s claim depends on factual allegations that cannot be determined by examining the record from his trial, see Milanovich, 42 Ohio St.2d 46 , 325 N.E.2d 540 , at paragraph one of the syllabus; see also State v. Cole, 2 Ohio St.3d 112, 114 , 443 N.E.2d 169 (1982) (to merit a hearing on a postconviction ineffective-assistance claim, a petitioner must proffer evidence outside the record that if true, would show that counsel was ineffective).

2022Instead, the petition must be sufficient on its face to raise an issue whether Bunch was deprived of the effective assistance of counsel, and Bunch’s claim depends on factual allegations that cannot be determined by examining the record from his trial, see Milanovich, 42 Ohio St.2d 46 , 325 N.E.2d 540 , at paragraph one of the syllabus; see also State v. Cole, 2 Ohio St.3d 112, 114 , 443 N.E.2d 169 (1982) (to merit a hearing on a postconviction ineffective-assistance claim, a petitioner must proffer evidence outside the record that if true, would show that counsel was ineffective).

11
United States v. Ronald Berkowitz, Paul D'alessandro, Kevin Van Coughnett, Bisan Vafaie, and Wendall Howellgreen
ca5 · 1981 · cited in 1 Ohio opinions naming this issue, 2005–2005
2 sentences

2005See id. {¶ 52} Yet, our analysis does not stop here, as explained above, presentation of mutually antagonistic defenses are not prejudicial per se.

2005Id.

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 (6)

CaseCitedYears
State v. Thompson green
ohioctapp · 2023
1 sentence

2023Butler No. CA2022-09-080, 2023-Ohio-559 .

12023–2023
State v. Milanovich green
ohio · 1975
2 sentences

2022Instead, the petition must be sufficient on its face to raise an issue whether Bunch was deprived of the effective assistance of counsel, and Bunch’s claim depends on factual allegations that cannot be determined by examining the record from his trial, see Milanovich, 42 Ohio St.2d 46 , 325 N.E.2d 540 , at paragraph one of the syllabus; see also State v. Cole, 2 Ohio St.3d 112, 114 , 443 N.E.2d 169 (1982) (to merit a hearing on a postconviction ineffective-assistance claim, a petitioner must proffer evidence outside the record that if true, would show that counsel was ineffective).

2022Instead, the petition must be sufficient on its face to raise an issue whether Bunch was deprived of the effective assistance of counsel, and Bunch’s claim depends on factual allegations that cannot be determined by examining the record from his trial, see Milanovich, 42 Ohio St.2d 46 , 325 N.E.2d 540 , at paragraph one of the syllabus; see also State v. Cole, 2 Ohio St.3d 112, 114 , 443 N.E.2d 169 (1982) (to merit a hearing on a postconviction ineffective-assistance claim, a petitioner must proffer evidence outside the record that if true, would show that counsel was ineffective).

12022–2022
State v. Nicholas green
ohio · 1993
2 sentences

2022The Courts Below Employed Incorrect Standards {¶ 28} The trial court’s entry dismissing Bunch’s postconviction petition made no mention of Bunch’s allegation that his trial counsel’s failure to use an expert witness was unreasonable in the specific context of his case.2 Instead, it concluded that counsel’s actions were not subject to a finding of ineffective assistance according to this court’s reasoning in State v. Nicholas, 66 Ohio St.3d 431 , 613 N.E.2d 225 (1993) and State v. Hartman, 93 Ohio St.3d 274 , 754 N.E.2d 1150 (2001).

2022The Courts Below Employed Incorrect Standards {¶ 28} The trial court’s entry dismissing Bunch’s postconviction petition made no mention of Bunch’s allegation that his trial counsel’s failure to use an expert witness was unreasonable in the specific context of his case.2 Instead, it concluded that counsel’s actions were not subject to a finding of ineffective assistance according to this court’s reasoning in State v. Nicholas, 66 Ohio St.3d 431 , 613 N.E.2d 225 (1993) and State v. Hartman, 93 Ohio St.3d 274 , 754 N.E.2d 1150 (2001).

12022–2022
State v. Hartman green
ohio · 2001
2 sentences

2022The Courts Below Employed Incorrect Standards {¶ 28} The trial court’s entry dismissing Bunch’s postconviction petition made no mention of Bunch’s allegation that his trial counsel’s failure to use an expert witness was unreasonable in the specific context of his case.2 Instead, it concluded that counsel’s actions were not subject to a finding of ineffective assistance according to this court’s reasoning in State v. Nicholas, 66 Ohio St.3d 431 , 613 N.E.2d 225 (1993) and State v. Hartman, 93 Ohio St.3d 274 , 754 N.E.2d 1150 (2001).

2022The Courts Below Employed Incorrect Standards {¶ 28} The trial court’s entry dismissing Bunch’s postconviction petition made no mention of Bunch’s allegation that his trial counsel’s failure to use an expert witness was unreasonable in the specific context of his case.2 Instead, it concluded that counsel’s actions were not subject to a finding of ineffective assistance according to this court’s reasoning in State v. Nicholas, 66 Ohio St.3d 431 , 613 N.E.2d 225 (1993) and State v. Hartman, 93 Ohio St.3d 274 , 754 N.E.2d 1150 (2001).

12022–2022
State v. Scott green
ohio · 2022
1 sentence

2022Our focus in this decision is not on the merits of Bunch’s claim; instead, it is on the adequacy of the process leading up to a decision on Bunch’s claim. “[A]ssurance that the public is protected because the actual offender is behind bars depends on the confidence of the conviction,” State v. Scott, ___ Ohio St.3d ___, 2022-Ohio-4277 , ___ N.E.3d ___, ¶ 22, and thus the state should be just as interested as petitioners are in having hearings on legitimate challenges.

12022–2022
State v. Martin green
ohioctapp · 1983
2 sentences

1989State v. Martin (1983), 20 Ohio App.3d 172 , 20 OBR 215, 485 N.E.2d 717 , paragraph two of the syllabus.

1989State v. Martin (1983), 20 Ohio App.3d 172 , 20 OBR 215, 485 N.E.2d 717 , paragraph two of the syllabus.

11989–1989

Where else courts name it

OH 5 (1989–2025) GA 3 (1996–1998)

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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