bedrock principle (Ohio) · Go Syfert
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bedrock principle in Ohio

30 Ohio opinions name it 2 courts 1999–2024 6 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 (14)

CaseFollowedCited
Morgan v. Eadsgreen
ohio · 2004 · cited in 10 Ohio opinions naming this issue, 2016–2023
2 sentences

2023Hamilton No. C- 190490, 2021 Ohio App. LEXIS 194 , 2 (Jan. 27, 2021) (“It is ‘a bedrock principle of appellate practice in Ohio’ that an appeals court is limited to the record of proceedings before the trial court,” quoting Morgan v. Eads, 104 Ohio St.3d 142 , 2004-Ohio-6110 , 818 N.E.2d 1157 , ¶ 13).

2021Although Rao alleges ¶ 9, citing Morgan v. Eads, 104 Ohio St.3d 142 , 2004-Ohio-6110 , ¶ 13 ("a bedrock principle of appellate practice in Ohio is that an appeals court is limited to the record of the proceedings at trial").

510
In re Adoption of Y.E.F. (Slip Opinion)green
ohio · 2020 · cited in 2 Ohio opinions naming this issue, 2024–2024
2 sentences

2024See In re Adoption of Y.E.F., 2020-Ohio-6785 , ¶ 40 (DeWine., J., dissenting) (“The final-order requirement is a long-standing feature of appellate jurisdiction with its origins in the English common law.”).

2024See In re Adoption of Y.E.F., 2020-Ohio-6785 , ¶ 40 (DeWine., J., dissenting) (“The final-order requirement is a long-standing feature of appellate jurisdiction with its origins in the English common law.”).

22
Adarand Constructors, Inc. v. Penagreen
scotus · 1995 · cited in 2 Ohio opinions naming this issue, 1999–1999
2 sentences

1999See, also, Adarand, 515 U.S. at 222 , 115 S.Ct. at 2110 , 132 L.Ed.2d at 178-179 (“With Croson , the Court finally agreed that the Fourteenth Amendment requires strict scrutiny of all race-based action by state and local governments”).

1999See, also, Adarand, 515 U.S. at 222 , 115 S.Ct. at 2110 , 132 L.Ed.2d at 178-179 (“With Croson , the Court finally agreed that the Fourteenth Amendment requires strict scrutiny of all race-based action by state and local governments”).

22
Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of Taxationgreen
scotus · 1992 · cited in 2 Ohio opinions naming this issue, 2016–2019
2 sentences

2019It is a bedrock principle " 'that a State may not tax value earned outside its borders.' " Corrigan v. Testa , 149 Ohio St.3d 18 , 2016-Ohio-2805 , 73 N.E.3d 381 , ¶ 17, quoting Allied-Signal, Inc. v. Dir., Div. of Taxation , 504 U.S. 768 , 777, 112 S.Ct. 2251 , 119 L.Ed.2d 533 (1992).

2019It is a bedrock principle " 'that a State may not tax value earned outside its borders.' " Corrigan v. Testa , 149 Ohio St.3d 18 , 2016-Ohio-2805 , 73 N.E.3d 381 , ¶ 17, quoting Allied-Signal, Inc. v. Dir., Div. of Taxation , 504 U.S. 768 , 777, 112 S.Ct. 2251 , 119 L.Ed.2d 533 (1992).

12
United States v. Roland Henry, A/K/A Roachgreen
cadc · 1995 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022Moreover, unlike an encounter on the street or along a highway, an in-home arrest puts the officer at the disadvantage of being on his adversary's "turf." Perry County, Case No. 21-CA-00014 8 An ambush in a confined setting of unknown configuration is more to be feared than it is in open, more familiar surroundings. {¶ 18} "In balancing the Government's interests against an individual's Fourth Amendment rights, it is a bedrock principle that 'it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties.' " U.S. v. Henry, 48 F.3d 1282, 1285

11
Ruckelshaus v. Sierra Clubgreen
scotus · 1983 · cited in 1 Ohio opinions naming this issue, 2022–2022
2 sentences

2022This means that the court could award a sum of zero. 20 January Term, 2022 463 U.S. 680, 684 , 103 S.Ct. 3274 , 77 L.Ed.2d 938 (1983) (“ ‘Our basic point of reference’ when considering the award of attorney’s fees is the bedrock principle known as the ‘ “American Rule” ’ ”).

2022This means that the court could award a sum of zero. 20 January Term, 2022 463 U.S. 680, 684 , 103 S.Ct. 3274 , 77 L.Ed.2d 938 (1983) (“ ‘Our basic point of reference’ when considering the award of attorney’s fees is the bedrock principle known as the ‘ “American Rule” ’ ”).

11
Gannett Co. v. DePasqualegreen
scotus · 1979 · cited in 1 Ohio opinions naming this issue, 2019–2019
2 sentences

2019See Gannett Co. v. DePasquale, 443 U.S. 368, 386 , 99 S.Ct. 2898 , 61 L.Ed.2d 608 (1979), fn. 15 (“For many centuries, both civil and criminal trials have traditionally been open to the public.”).

2019See Gannett Co. v. DePasquale, 443 U.S. 368, 386 , 99 S.Ct. 2898 , 61 L.Ed.2d 608 (1979), fn. 15 (“For many centuries, both civil and criminal trials have traditionally been open to the public.”).

11
United States v. Richardsgreen
ca6 · 2011 · cited in 1 Ohio opinions naming this issue, 2016–2016
1 sentence

2016See also United States v. Richards, 659 F.3d 527, 538 (6th Cir.2011) (noting that "the majority of federal courts have eschewed the use of a specific search protocol and, instead, have employed the Fourth Amendment's bedrock principle of reasonableness on a case-by-case basis"). {¶ 43} In this respect, federal courts have approved search warrants allowing access to the entire contents of an email account "in order to conduct a search for emails within the limited categories contained in the warrant." In re A Warrant for All Content & Other Information Associated with the Email Account xxxxxxx@

11
In re a Warrant for All Content & Other Information Associated with the Email Account xxxxxxx@ Gmail.com Maintained at Premises Controlled by Google, Inc.green
nysd · 2014 · cited in 1 Ohio opinions naming this issue, 2016–2016
1 sentence

2016See also United States v. Richards, 659 F.3d 527, 538 (6th Cir.2011) (noting that "the majority of federal courts have eschewed the use of a specific search protocol and, instead, have employed the Fourth Amendment's bedrock principle of reasonableness on a case-by-case basis"). {¶ 43} In this respect, federal courts have approved search warrants allowing access to the entire contents of an email account "in order to conduct a search for emails within the limited categories contained in the warrant." In re A Warrant for All Content & Other Information Associated with the Email Account xxxxxxx@

11
State v. Adamsgreen
ohio · 1989 · cited in 1 Ohio opinions naming this issue, 2016–2016
1 sentence

2016The bedrock principle in Ohio remains that " 'when new and additional charges arise from the same facts as did the original charge and the state knew of such facts at the time of the initial indictment, the time within which trial is to begin on the additional charge is subject to the same statutory limitations period that is applied to the original charge.' " State v. Adams, 43 Ohio St.3d 67, 68 (1989), quoting State v. Clay, 9 Ohio App.3d 216 (11th Dist.1983).

11
California v. Trombettagreen
scotus · 1984 · cited in 1 Ohio opinions naming this issue, 2011–2011
2 sentences

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

11
Arizona v. Youngbloodgreen
scotus · 1989 · cited in 1 Ohio opinions naming this issue, 2011–2011
2 sentences

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

11
State v. Bensongreen
ohioctapp · 2003 · cited in 1 Ohio opinions naming this issue, 2011–2011
2 sentences

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

11
Brown v. Johnstonegreen
ohioctapp · 1982 · cited in 1 Ohio opinions naming this issue, 2000–2000
1 sentence

2000See, generally, Brown , supra .

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 (13)

CaseCitedYears
State v. Ishmail green
ohio · 1978
2 sentences

2020Thus, “[a] reviewing court cannot add matter to the record before it, which was not a part of the trial court’s proceedings, and then decide the appeal on the basis of the new matter.” State v. Ishmail, 54 Ohio St.2d 402 , 377 N.E.2d 500 (1978), paragraph one of the syllabus.

2020Thus, “[a] reviewing court cannot add matter to the record before it, which was not a part of the trial court’s proceedings, and then decide the appeal on the basis of the new matter.” State v. Ishmail, 54 Ohio St.2d 402 , 377 N.E.2d 500 (1978), paragraph one of the syllabus.

42004–2020
Terry v. Ohio green
scotus · 1968
2 sentences

2022Moreover, unlike an encounter on the street or along a highway, an in-home arrest puts the officer at the disadvantage of being on his adversary's "turf." Perry County, Case No. 21-CA-00014 8 An ambush in a confined setting of unknown configuration is more to be feared than it is in open, more familiar surroundings. {¶ 18} "In balancing the Government's interests against an individual's Fourth Amendment rights, it is a bedrock principle that 'it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties.' " U.S. v. Henry, 48 F.3d 1282, 1285

2022Moreover, unlike an encounter on the street or along a highway, an in-home arrest puts the officer at the disadvantage of being on his adversary's "turf." Perry County, Case No. 21-CA-00014 8 An ambush in a confined setting of unknown configuration is more to be feared than it is in open, more familiar surroundings. {¶ 18} "In balancing the Government's interests against an individual's Fourth Amendment rights, it is a bedrock principle that 'it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties.' " U.S. v. Henry, 48 F.3d 1282, 1285

12022–2022
State v. McNeill green
ohioctapp · 2000
2 sentences

2020State v. McNeill, 137 Ohio App.3d 34, 40 , 738 N.E.2d 23 (9th Dist.2000) (direct appeals limited to the trial court record); Morgan v. Eads, 104 Ohio St.3d 42 , 2004-Ohio-6110 , 818 N.E.2d 1157 , ¶ 13 (“a bedrock principle of appellate practice * * * is that an appeals court is limited to the record of the proceedings at trial”). {¶143} Based on the foregoing, Jabrown’s fifth assigned error lacks merit. {¶144} The trial court’s judgment is affirmed.

2020State v. McNeill, 137 Ohio App.3d 34, 40 , 738 N.E.2d 23 (9th Dist.2000) (direct appeals limited to the trial court record); Morgan v. Eads, 104 Ohio St.3d 42 , 2004-Ohio-6110 , 818 N.E.2d 1157 , ¶ 13 (“a bedrock principle of appellate practice * * * is that an appeals court is limited to the record of the proceedings at trial”). {¶143} Based on the foregoing, Jabrown’s fifth assigned error lacks merit. {¶144} The trial court’s judgment is affirmed.

12020–2020
Corrigan v. Testa (Slip Opinion) green
ohio · 2016
2 sentences

2019It is a bedrock principle " 'that a State may not tax value earned outside its borders.' " Corrigan v. Testa , 149 Ohio St.3d 18 , 2016-Ohio-2805 , 73 N.E.3d 381 , ¶ 17, quoting Allied-Signal, Inc. v. Dir., Div. of Taxation , 504 U.S. 768 , 777, 112 S.Ct. 2251 , 119 L.Ed.2d 533 (1992).

2019It is a bedrock principle " 'that a State may not tax value earned outside its borders.' " Corrigan v. Testa , 149 Ohio St.3d 18 , 2016-Ohio-2805 , 73 N.E.3d 381 , ¶ 17, quoting Allied-Signal, Inc. v. Dir., Div. of Taxation , 504 U.S. 768 , 777, 112 S.Ct. 2251 , 119 L.Ed.2d 533 (1992).

12019–2019
Baker Botts L.L.P. v. ASARCO LLC green
scotus · 2015
2 sentences

2019The United States Supreme Court has repeatedly recognized this bedrock principle and recently affirmed that “the American Rule has roots in our common law reaching back to at least the 18th Century * * *.” Baker Botts L.L.P. v. ASARCO, L.L.C., 576 U.S. __ , 135 S.Ct. 2158 , 192 L.Ed.2d 208 (2015) (refusing to create a “judicial exception” to the American Rule to allow recovery of attorney fees for work performed in defending a fee application in Bankruptcy Court per Section 330(a)(1) of the Bankruptcy Code).

2019The United States Supreme Court has repeatedly recognized this bedrock principle and recently affirmed that “the American Rule has roots in our common law reaching back to at least the 18th Century * * *.” Baker Botts L.L.P. v. ASARCO, L.L.C., 576 U.S. __ , 135 S.Ct. 2158 , 192 L.Ed.2d 208 (2015) (refusing to create a “judicial exception” to the American Rule to allow recovery of attorney fees for work performed in defending a fee application in Bankruptcy Court per Section 330(a)(1) of the Bankruptcy Code).

12019–2019
State ex rel. Ohio Congress of Parents & Teachers v. State Board of Education green
ohio · 2006
2 sentences

2018Ohio Congress of Parents & Teachers v. State Bd. of Edn. , 111 Ohio St.3d 568 , 2006-Ohio-5512 , 857 N.E.2d 1148 , ¶ 53.

2018Ohio Congress of Parents & Teachers v. State Bd. of Edn. , 111 Ohio St.3d 568 , 2006-Ohio-5512 , 857 N.E.2d 1148 , ¶ 53.

12018–2018
Knapp v. Edwards Laboratories green
ohio · 1980
2 sentences

2017And the “appellant bears the burden of showing error by reference to matters on the record.” Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 , 400 N.E.2d 384 (1980).

2017And the “appellant bears the burden of showing error by reference to matters on the record.” Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 , 400 N.E.2d 384 (1980).

12017–2017
Smith v. Phillips green
scotus · 1982
2 sentences

2016It is a bedrock principle of law that the trier of fact decide cases “solely on the evidence before it.” Smith v. Phillips, 455 U.S. 209, 217 , 102 S.Ct. 940 , 71 L.Ed.2d 78 (1982).

2016It is a bedrock principle of law that the trier of fact decide cases “solely on the evidence before it.” Smith v. Phillips, 455 U.S. 209, 217 , 102 S.Ct. 940 , 71 L.Ed.2d 78 (1982).

12016–2016
State v. Clay green
ohioctapp · 1983
1 sentence

2016The bedrock principle in Ohio remains that " 'when new and additional charges arise from the same facts as did the original charge and the state knew of such facts at the time of the initial indictment, the time within which trial is to begin on the additional charge is subject to the same statutory limitations period that is applied to the original charge.' " State v. Adams, 43 Ohio St.3d 67, 68 (1989), quoting State v. Clay, 9 Ohio App.3d 216 (11th Dist.1983).

12016–2016
State v. Geeslin green
ohio · 2007
1 sentence

2011No. C-050810, 2007-Ohio-3307, at ¶65 . 7 Youngblood at 58 . 8 State v. Geeslin, 116 Ohio St.3d 252 , 2007-Ohio-5239 , 878 N.E.2d 1 , syllabus, following Youngblood, supra. 5 OHIO FIRST DISTRICT COURT OF APPEALS partaking of the nature of fraud.

12011–2011
United States v. Valenzuela-Bernal green
scotus · 1982
2 sentences

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

2011According to Phelps, the unpreserved clips may have shown Land with a knife earlier in the night, and that fact could have bolstered his provocation defense and led to an acquittal on the aggravated-murder charge and a conviction on the reduced charge of voluntary manslaughter. {¶11} In accordance with the Fourteenth Amendment’s Due Process Clause’s requirement of “fundamental fairness” in criminal prosecutions, a defendant must be afforded a meaningful opportunity to present a complete defense.3 This bedrock principle has led to the development of case law in “ ‘the area of constitutionally g

12011–2011
State v. Myles, C-050810 (6-29-2007) neutral
ohioctapp · 2007
1 sentence

2011No. C-050810, 2007-Ohio-3307, at ¶65 . 7 Youngblood at 58 . 8 State v. Geeslin, 116 Ohio St.3d 252 , 2007-Ohio-5239 , 878 N.E.2d 1 , syllabus, following Youngblood, supra. 5 OHIO FIRST DISTRICT COURT OF APPEALS partaking of the nature of fraud.

12011–2011
State v. King green
ohio · 1994
1 sentence

2003State v. King (1994), 70 Ohio St.3d 158 , 162-163 , citing State ex rel.

12003–2003

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2923.13 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 108 (1964–2026) TX 71 (1991–2026) MI 57 (2002–2026) NM 56 (1991–2025) PA 36 (1990–2026) NY 35 (1987–2026) NJ 34 (1992–2025) MD 33 (1993–2025) CT 31 (1996–2024) OH 30 (1999–2024) WA 25 (1979–2021) MS 20 (1998–2022) FL 19 (1993–2024) IA 17 (2007–2026) IL 17 (1995–2026) MA 17 (2001–2026) GA 17 (1997–2026) IN 16 (1974–2024) VA 16 (2001–2026) DC 15 (1981–2025) WI 14 (1992–2026) CO 13 (1992–2026) MO 12 (1999–2024) DE 11 (1991–2026) OR 11 (2002–2023) VT 10 (1992–2026) RI 9 (1998–2017) KY 9 (2016–2026) LA 8 (1982–2022) MN 8 (1991–2025) NC 7 (1993–2025) MT 7 (2000–2025) TN 7 (1996–2025) HI 7 (2003–2020) AZ 7 (2003–2021) KS 6 (2004–2024) AL 6 (1997–2015) WV 6 (1984–2024) ME 6 (2002–2020) OK 5 (2008–2024) ID 4 (1985–2018) NH 3 (1999–2020) VI 3 (2023–2025) NE 3 (1989–2024) SC 3 (1976–2025) NV 2 (2013–2020) AK 2 (2021–2025) UT 2 (2009–2019) ND 2 (2024–2026)

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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