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5 Ohio opinions name it 1 courts 2001–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
Arizona v. Fulminantegreen2 sentences2022We, therefore, must determine the type of constitutional error in order to properly review these assignments of error. {¶11} Recently, in State v. Montgomery, -- Ohio St.3d --, 2022-Ohio-2211 , -- N.E.3d --, the Ohio Supreme Court analyzed the two types of constitutional error: In general, “ ‘a constitutional error does not automatically require reversal of a conviction.’ ” Weaver v. Massachusetts, ––– U.S. ––––, 137 S.Ct. 1899, 1907 , 198 L.Ed.2d 420 (2017), quoting Fulminante at 306, 499 U.S. 279, 310 , 111 S.Ct. 1246 . 2022We, therefore, must determine the type of constitutional error in order to properly review these assignments of error. {¶11} Recently, in State v. Montgomery, -- Ohio St.3d --, 2022-Ohio-2211 , -- N.E.3d --, the Ohio Supreme Court analyzed the two types of constitutional error: In general, “ ‘a constitutional error does not automatically require reversal of a conviction.’ ” Weaver v. Massachusetts, ––– U.S. ––––, 137 S.Ct. 1899, 1907 , 198 L.Ed.2d 420 (2017), quoting Fulminante at 306, 499 U.S. 279, 310 , 111 S.Ct. 1246 . | 1 | 1 |
Wymsylo v. Bartec, Inc.green2 sentences2019See Reading at ¶ 14-16; see also Wymsylo v. Bartec, Inc., 132 Ohio St.3d 167 , 2012-Ohio-2187, ¶ 22 (“Because an as-applied challenge depends upon a particular set of facts, this type of constitutional challenge to a rule must be raised before the administrative agency to develop the necessary factual record.”). {¶15} While Mr. King raised these arguments in the lower court, nothing in the record suggests he raised them before the administrative agency. 2019See Reading at ¶ 14-16; see also Wymsylo v. Bartec, Inc., 132 Ohio St.3d 167 , 2012-Ohio-2187, ¶ 22 (“Because an as-applied challenge depends upon a particular set of facts, this type of constitutional challenge to a rule must be raised before the administrative agency to develop the necessary factual record.”). {¶15} While Mr. King raised these arguments in the lower court, nothing in the record suggests he raised them before the administrative agency. | 1 | 1 |
Yick Wo v. Hopkinsgreen1 sentence2016Thus, " '[t]hough the law itself be fair on its face, and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the constitution.' " Id., quoting Yick Wo v. Hopkins, 118 U.S. 356, 373-74 (1886). {¶ 28} Under Ohio law, "[b]ecause an as-applied challenge depends upon a particular set of facts, this type of constitutional challenge to a rule | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Weaver v. Massachusetts
green
2 sentences2022We, therefore, must determine the type of constitutional error in order to properly review these assignments of error. {¶11} Recently, in State v. Montgomery, -- Ohio St.3d --, 2022-Ohio-2211 , -- N.E.3d --, the Ohio Supreme Court analyzed the two types of constitutional error: In general, “ ‘a constitutional error does not automatically require reversal of a conviction.’ ” Weaver v. Massachusetts, ––– U.S. ––––, 137 S.Ct. 1899, 1907 , 198 L.Ed.2d 420 (2017), quoting Fulminante at 306, 499 U.S. 279, 310 , 111 S.Ct. 1246 . 2022We, therefore, must determine the type of constitutional error in order to properly review these assignments of error. {¶11} Recently, in State v. Montgomery, -- Ohio St.3d --, 2022-Ohio-2211 , -- N.E.3d --, the Ohio Supreme Court analyzed the two types of constitutional error: In general, “ ‘a constitutional error does not automatically require reversal of a conviction.’ ” Weaver v. Massachusetts, ––– U.S. ––––, 137 S.Ct. 1899, 1907 , 198 L.Ed.2d 420 (2017), quoting Fulminante at 306, 499 U.S. 279, 310 , 111 S.Ct. 1246 . | 1 | 2022–2022 |
State v. Montgomery
green
1 sentence2022We, therefore, must determine the type of constitutional error in order to properly review these assignments of error. {¶11} Recently, in State v. Montgomery, -- Ohio St.3d --, 2022-Ohio-2211 , -- N.E.3d --, the Ohio Supreme Court analyzed the two types of constitutional error: In general, “ ‘a constitutional error does not automatically require reversal of a conviction.’ ” Weaver v. Massachusetts, ––– U.S. ––––, 137 S.Ct. 1899, 1907 , 198 L.Ed.2d 420 (2017), quoting Fulminante at 306, 499 U.S. 279, 310 , 111 S.Ct. 1246 . | 1 | 2022–2022 |
Hollingsworth v. United States
green
1 sentence2016Thus, " '[t]hough the law itself be fair on its face, and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the constitution.' " Id., quoting Yick Wo v. Hopkins, 118 U.S. 356, 373-74 (1886). {¶ 28} Under Ohio law, "[b]ecause an as-applied challenge depends upon a particular set of facts, this type of constitutional challenge to a rule | 1 | 2016–2016 |
Chapman v. California
red
1 sentence2014Chapman v. California, 386 U.S. 18 (1967). | 1 | 2014–2014 |
SMC, Inc. v. Laudi
green
2 sentences2001This type of constitutional claim shall be tried originally in the court of common pleas, with the court permitting the parties to offer additional evidence. *437 FRC of Kamms Corner v. Cleveland Bd. of Zoning Appeals, supra; S.M.C., Inc. v. Laudi (1975), 44 Ohio App.2d 325 , 73 O.O.2d 378 , 338 N.E.2d 547 . 2001This type of constitutional claim shall be tried originally in the court of common pleas, with the court permitting the parties to offer additional evidence. *437 FRC of Kamms Corner v. Cleveland Bd. of Zoning Appeals, supra; S.M.C., Inc. v. Laudi (1975), 44 Ohio App.2d 325 , 73 O.O.2d 378 , 338 N.E.2d 547 . | 1 | 2001–2001 |
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.