defendant understands waiver (Ohio) · Go Syfert
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defendant understands waiver in Ohio

5 Ohio opinions name it 2 courts 1944–2026 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
Boykin v. Alabamared
scotus · 1969 · cited in 2 Ohio opinions naming this issue, 2021–2026
2 sentences

2026“Crim.R. 11(C)(2)(c) makes clear that it is the trial court that ‘shall not accept a plea of guilty’ without first informing the defendant of the constitutional rights he [or she] will waive by pleading guilty and determining that the defendant understands the waiver.” (Emphasis in original.) Brinkman, 2021-Ohio-2473, at ¶ 18 . “‘It is the trial court’s duty, therefore, to ensure that a defendant “has a full understanding of what the plea connotes and of its consequence.”’” Id., quoting State v. Montgomery, 2016-Ohio-5487, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 (1969). “[A] guilty

2021(Emphasis added.) “It is the trial court’s duty, therefore, to ensure that a defendant ‘has a full understanding of what the plea connotes and of its consequence.’ ” State v. Montgomery, 148 Ohio St.3d 347 , 2016-Ohio-5487 , 71 N.E.3d 180, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); see also State v. Romero, 156 Ohio St.3d 468 , 2019-Ohio-1839 , 129 N.E.3d 404, ¶ 18 (“A court’s duty to ensure that 11 SUPREME COURT OF OHIO pleas are entered knowingly and voluntarily arises from the constitutional guarantee of due process”). {¶ 19} Based on this r

12
State v. Ralstongreen
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026“Crim.R. 11(C)(2)(c) makes clear that it is the trial court that ‘shall not accept a plea of guilty’ without first informing the defendant of the constitutional rights he [or she] will waive by pleading guilty and determining that the defendant understands the waiver.” (Emphasis in original.) Brinkman, 2021-Ohio-2473, at ¶ 18 . “‘It is the trial court’s duty, therefore, to ensure that a defendant “has a full understanding of what the plea connotes and of its consequence.”’” Id., quoting State v. Montgomery, 2016-Ohio-5487, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 (1969). “[A] guilty

11
State v. Romero (Slip Opinion)green
ohio · 2019 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021(Emphasis added.) “It is the trial court’s duty, therefore, to ensure that a defendant ‘has a full understanding of what the plea connotes and of its consequence.’ ” State v. Montgomery, 148 Ohio St.3d 347 , 2016-Ohio-5487 , 71 N.E.3d 180, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); see also State v. Romero, 156 Ohio St.3d 468 , 2019-Ohio-1839 , 129 N.E.3d 404, ¶ 18 (“A court’s duty to ensure that 11 SUPREME COURT OF OHIO pleas are entered knowingly and voluntarily arises from the constitutional guarantee of due process”). {¶ 19} Based on this r

2021(Emphasis added.) “It is the trial court’s duty, therefore, to ensure that a defendant ‘has a full understanding of what the plea connotes and of its consequence.’ ” State v. Montgomery, 148 Ohio St.3d 347 , 2016-Ohio-5487 , 71 N.E.3d 180, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); see also State v. Romero, 156 Ohio St.3d 468 , 2019-Ohio-1839 , 129 N.E.3d 404, ¶ 18 (“A court’s duty to ensure that 11 SUPREME COURT OF OHIO pleas are entered knowingly and voluntarily arises from the constitutional guarantee of due process”). {¶ 19} Based on this r

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. Brinkman (Slip Opinion) green
ohio · 2021
2 sentences

2026“Crim.R. 11(C)(2)(c) makes clear that it is the trial court that ‘shall not accept a plea of guilty’ without first informing the defendant of the constitutional rights he [or she] will waive by pleading guilty and determining that the defendant understands the waiver.” (Emphasis in original.) Brinkman, 2021-Ohio-2473, at ¶ 18 . “‘It is the trial court’s duty, therefore, to ensure that a defendant “has a full understanding of what the plea connotes and of its consequence.”’” Id., quoting State v. Montgomery, 2016-Ohio-5487, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 (1969). “[A] guilty

2026“Crim.R. 11(C)(2)(c) makes clear that it is the trial court that ‘shall not accept a plea of guilty’ without first informing the defendant of the constitutional rights he [or she] will waive by pleading guilty and determining that the defendant understands the waiver.” (Emphasis in original.) Brinkman, 2021-Ohio-2473, at ¶ 18 . “‘It is the trial court’s duty, therefore, to ensure that a defendant “has a full understanding of what the plea connotes and of its consequence.”’” Id., quoting State v. Montgomery, 2016-Ohio-5487, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 (1969). “[A] guilty

22023–2026
State v. Montgomery (Slip Opinion) green
ohio · 2016
2 sentences

2026“Crim.R. 11(C)(2)(c) makes clear that it is the trial court that ‘shall not accept a plea of guilty’ without first informing the defendant of the constitutional rights he [or she] will waive by pleading guilty and determining that the defendant understands the waiver.” (Emphasis in original.) Brinkman, 2021-Ohio-2473, at ¶ 18 . “‘It is the trial court’s duty, therefore, to ensure that a defendant “has a full understanding of what the plea connotes and of its consequence.”’” Id., quoting State v. Montgomery, 2016-Ohio-5487, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 (1969). “[A] guilty

2021(Emphasis added.) “It is the trial court’s duty, therefore, to ensure that a defendant ‘has a full understanding of what the plea connotes and of its consequence.’ ” State v. Montgomery, 148 Ohio St.3d 347 , 2016-Ohio-5487 , 71 N.E.3d 180, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); see also State v. Romero, 156 Ohio St.3d 468 , 2019-Ohio-1839 , 129 N.E.3d 404, ¶ 18 (“A court’s duty to ensure that 11 SUPREME COURT OF OHIO pleas are entered knowingly and voluntarily arises from the constitutional guarantee of due process”). {¶ 19} Based on this r

22021–2026
State v. Ballard green
ohio · 1981
1 sentence

2026“Crim.R. 11(C)(2)(c) makes clear that it is the trial court that ‘shall not accept a plea of guilty’ without first informing the defendant of the constitutional rights he [or she] will waive by pleading guilty and determining that the defendant understands the waiver.” (Emphasis in original.) Brinkman, 2021-Ohio-2473, at ¶ 18 . “‘It is the trial court’s duty, therefore, to ensure that a defendant “has a full understanding of what the plea connotes and of its consequence.”’” Id., quoting State v. Montgomery, 2016-Ohio-5487, ¶ 40 , quoting Boykin v. Alabama, 395 U.S. 238, 244 (1969). “[A] guilty

12026–2026
State v. Porterfield green
ohio · 2005
2 sentences

2014Trumbull No. 2002-T-0045, 2004-Ohio-520 , ¶ 54, overruled on other grounds, 106 Ohio St.3d 5 , 2005-Ohio-3095 , 829 N.E.2d 690 .

2014Trumbull No. 2002-T-0045, 2004-Ohio-520 , ¶ 54, overruled on other grounds, 106 Ohio St.3d 5 , 2005-Ohio-3095 , 829 N.E.2d 690 .

12014–2014
Snyder v. New York Like Insurance neutral
ohio · 1929
1 sentence

1944“Mr. Linton: Let the record show that the defendant understands that the hearing is before Mr. Marshall ■ as special master commissioner and not as referee.” In the per curiam opinion of this court in the case of Neil House Co. v. Shafer, 121 Ohio St., 605 , 172 N. E., 374 , it was said: “The consent to refer to a master commissioner being only a consent to a limited reference, cannot be enlarged by the court into a general reference. ’ ’ In the instant case there was no consent to a reference.

11944–1944
Neil House Co. v. Shafer neutral
ohio · 1929
1 sentence

1944“Mr. Linton: Let the record show that the defendant understands that the hearing is before Mr. Marshall ■ as special master commissioner and not as referee.” In the per curiam opinion of this court in the case of Neil House Co. v. Shafer, 121 Ohio St., 605 , 172 N. E., 374 , it was said: “The consent to refer to a master commissioner being only a consent to a limited reference, cannot be enlarged by the court into a general reference. ’ ’ In the instant case there was no consent to a reference.

11944–1944

Where else courts name it

OH 5 (1944–2026) IL 2 (2016–2016) WA 2 (2008–2008)

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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