loss of a peremptory challenge (Ohio) · Go Syfert
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loss of a peremptory challenge in Ohio

5 Ohio opinions name it 2 courts 1999–2018 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 (3)

CaseFollowedCited
Premier Therapy, L.L.C v. Childsgreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2018–2018
1 sentence

2018See Greer at 246, 530 N.E.2d 382 ; see also Premier Therapy, LLC v. Childs , 2016-Ohio-7934 , 75 N.E.3d 692 , ¶ 40 (7th Dist.).

11
State v. Greergreen
ohio · 1988 · cited in 1 Ohio opinions naming this issue, 2018–2018
2 sentences

2018See State v. Greer , 39 Ohio St.3d 236 , 245, 530 N.E.2d 382 (1988) ; see also Rivera , 556 U.S. at 158 -161 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (holding that if "a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court's good-faith error is not a matter of federal constitutional concern"). {¶ 23} In noncapital criminal cases, the right to peremptory challenges exists by virtue of Crim.R. 24, not by virtue of the federal or Ohio constitution.

2018See State v. Greer , 39 Ohio St.3d 236 , 245, 530 N.E.2d 382 (1988) ; see also Rivera , 556 U.S. at 158 -161 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (holding that if "a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court's good-faith error is not a matter of federal constitutional concern"). {¶ 23} In noncapital criminal cases, the right to peremptory challenges exists by virtue of Crim.R. 24, not by virtue of the federal or Ohio constitution.

11
Rivera v. Illinoisgreen
scotus · 2009 · cited in 1 Ohio opinions naming this issue, 2018–2018
2 sentences

2018See State v. Greer , 39 Ohio St.3d 236 , 245, 530 N.E.2d 382 (1988) ; see also Rivera , 556 U.S. at 158 -161 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (holding that if "a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court's good-faith error is not a matter of federal constitutional concern"). {¶ 23} In noncapital criminal cases, the right to peremptory challenges exists by virtue of Crim.R. 24, not by virtue of the federal or Ohio constitution.

2018See State v. Greer , 39 Ohio St.3d 236 , 245, 530 N.E.2d 382 (1988) ; see also Rivera , 556 U.S. at 158 -161 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (holding that if "a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court's good-faith error is not a matter of federal constitutional concern"). {¶ 23} In noncapital criminal cases, the right to peremptory challenges exists by virtue of Crim.R. 24, not by virtue of the federal or Ohio constitution.

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 (1)

CaseCitedYears
Ross v. Oklahoma green
scotus · 1988
2 sentences

2006Although the trial court disagreed with appellant's argument that these prospective jurors should be dismissed due to their alleged biases, appellant utilized two peremptory challenges to remove them from the actual panel. {¶ 16} In Ross v. Oklahoma (1988), 487 U.S. 81 , the United States Supreme Court rejected the contention that the loss of a peremptory challenge constituted a violation of the constitutional right to an impartial jury.

2002Ross v. Oklahoma (1988), 487 U.S. 81, 86 , 108 S.Ct. 2273, 2277 , 101 L.Ed.2d 80 .

41999–2006

Where else courts name it

CA 12 (1988–2026) UT 6 (1994–2025) CO 5 (2000–2026) OH 5 (1999–2018) MS 5 (1993–2010) TX 5 (2001–2020) LA 4 (1995–2017) OR 4 (2009–2024) MI 4 (2004–2021) IL 4 (1992–2007) OK 3 (2003–2011) KS 3 (2012–2025) MN 3 (1995–2017) NJ 3 (1994–2005) FL 3 (2005–2025) PA 2 (2012–2014) MO 2 (1989–1993) WV 2 (1995–2010)

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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