motion summarily without hearing (Ohio) · Go Syfert
← Ohio issues

motion summarily without hearing in Ohio

5 Ohio opinions name it 1 courts 2004–2019 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
City of Toledo v. Stuartgreen
ohioctapp · 1983 · cited in 5 Ohio opinions naming this issue, 2004–2019
2 sentences

2019"If the defendant fails to produce supporting affidavits, the trial court, in its discretion, may deny the motion summarily without a hearing.” State v. Rogers, 68 Ohio App.3d 4, 7 , 587 N.E.2d 381 (9th Dist.1990), citing Toledo v. Stuart, 11 Ohio App.3d 292, 293 , 465 N.E.2d 474 (6th Dist.1983).

2018According to Crim.R. 33(C), however, “[t]he causes enumerated in subsection (A)(2) * * * must be sustained by affidavit showing their truth[.]” “Crim.R. 33(C) requires affidavits which support the motion alleging grounds under [Crim.R. 33(A)(2) and] * * * [i]f the defendant fails to produce supporting affidavits, the trial court, in its discretion, may deny the motion summarily without a hearing.” State v. Rogers, 68 Ohio App.3d 4, 7 (9th Dist.1990), citing Toledo v. Stuart, 11 Ohio App.3d 292, 293 (6th Dist.1983).

15
State v. Rogersgreen
ohioctapp · 1990 · cited in 2 Ohio opinions naming this issue, 2018–2019
2 sentences

2019"If the defendant fails to produce supporting affidavits, the trial court, in its discretion, may deny the motion summarily without a hearing.” State v. Rogers, 68 Ohio App.3d 4, 7 , 587 N.E.2d 381 (9th Dist.1990), citing Toledo v. Stuart, 11 Ohio App.3d 292, 293 , 465 N.E.2d 474 (6th Dist.1983).

2019"If the defendant fails to produce supporting affidavits, the trial court, in its discretion, may deny the motion summarily without a hearing.” State v. Rogers, 68 Ohio App.3d 4, 7 , 587 N.E.2d 381 (9th Dist.1990), citing Toledo v. Stuart, 11 Ohio App.3d 292, 293 , 465 N.E.2d 474 (6th Dist.1983).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

← Caselaw search · G Cite Topics · Brief Check