defendant establishes that plain error (Ohio) · Go Syfert
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defendant establishes that plain error in Ohio

5 Ohio opinions name it 2 courts 2004–2008 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
State v. Martingreen
ohio · 2004 · cited in 4 Ohio opinions naming this issue, 2007–2008
2 sentences

2008R. 52(B) states only that a reviewing court "may" notice plain forfeited errors; a court is not obliged to correct them. * * * Barnes at 27; see, also, State v. Martin , 103 Ohio St.3d 385 , 2004-Ohio-5471 , ¶ 52 (Moyer, C.J., concurring) (recognizing that "[e]ven if the defendant establishes that plain error affected his substantial rights, the appellate court need not necessarily reverse the judgment of the trial court").

2008See, also, State v. Martin , 103 Ohio St.3d 385 , 2004-Ohio-5471 , ¶ 52 (Moyer, C.J., concurring) (recognizing that, "[e]ven if the defendant establishes that plain error affected his substantial rights, the appellate court need not necessarily reverse the judgment of the trial court").

44
State v. Barnesgreen
ohio · 2002 · cited in 3 Ohio opinions naming this issue, 2004–2008
2 sentences

2007Barnes, 94 Ohio St.3d at 27 , 759 N.E.2d 1240 ; see, also, State v. Martin, 103 Ohio St.3d 385 , 2004-Ohio-5471 , 816 N.E.2d 227, at ¶ 52 (Moyer, C.J., concurring) (recognizing that “[e]ven if the defendant establishes that plain error affected his substantial rights, the appellate court need not necessarily reverse the judgment *506 of the trial court”).

2007Barnes, 94 Ohio St.3d at 27 , 759 N.E.2d 1240 ; see, also, State v. Martin, 103 Ohio St.3d 385 , 2004-Ohio-5471 , 816 N.E.2d 227, at ¶ 52 (Moyer, C.J., concurring) (recognizing that “[e]ven if the defendant establishes that plain error affected his substantial rights, the appellate court need not necessarily reverse the judgment *506 of the trial court”).

13

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 (1)

CaseCitedYears
State v. Long green
ohio · 1978
2 sentences

2008Thus, the Supreme Court of Ohio has "admonish[ed] courts to notice plain error `with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice.'" Barnes at 27, quoting State v. Long (1978), 53 Ohio St.2d 91 , paragraph three of the syllabus.

2008Thus, the Supreme Court has "admonish[ed] courts to notice plain error `with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice.'" Barnes at 27, quoting State v. Long (1978), 53 Ohio St.2d 91 , paragraph three of the syllabus.

52004–2008

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