considers factors (Ohio) · Go Syfert
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considers factors in Ohio

21 Ohio opinions name it 2 courts 2000–2026 9 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 (7)

CaseFollowedCited
Braatz v. Braatzgreen
ohio · 1999 · cited in 3 Ohio opinions naming this issue, 2022–2026
2 sentences

2026In re E.R., 2022-Ohio-3658, ¶ 9 (2d Dist.), citing Braatz v. Braatz, 85 Ohio St.3d 40, 45 (1999).

2025When revising a parenting time schedule, the trial court considers the factors set forth in R.C. 3109.051 and determines a schedule “that is in the best interest of the child.” Id. at paragraph two of the syllabus.

13
In re E.R.green
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026In re E.R., 2022-Ohio-3658, ¶ 9 (2d Dist.), citing Braatz v. Braatz, 85 Ohio St.3d 40, 45 (1999).

11
State v. Malloygreen
ohioctapp · 2012 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026“It is to be expected, however, that most instances of abuse of discretion will result in decisions that are simply unreasonable, rather than decisions that are unconscionable or arbitrary.” State v. Malloy, 2012-Ohio-2664, ¶ 24 (2d Dist.). {¶ 11} When modifying parenting time, a trial court considers the factors set forth in R.C. 3109.051(D) and then determines, using its sound discretion, the parenting schedule in the best interest of the children.

11
State v. Wagnergreen
ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025State v. Wagner, 2021-Ohio-1671, ¶ 12 (2d Dist.).

11
State v. O'Neillgreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024“If during the in camera review, the court determines that any of the records ‘are privileged or constitutionally protected, the court shall balance the victim’s rights and privileges against the constitutional rights of the defendant.’” State v. O’Neill, 2024-Ohio-485, ¶ 9 (12th Dist.), quoting R.C. 2930.071(A)(4).

11
Jurko v. Jobs Europe Agencygreen
ohioctapp · 1975 · cited in 1 Ohio opinions naming this issue, 2020–2020
2 sentences

2020See, e.g., Jurko v. Jobs Europe Agency, 43 Ohio App.2d 79, 85 , 334 N.E.2d 478, 482 (8th Dist.1975) (“When a court considers a challenge to its jurisdiction over a defendant-a defense which may require the taking of extensive evidence-the court may hear the matter on affidavits, deposition, interrogatories, or receive oral testimony, as matters of jurisdiction are very often not apparent on the face of the summons or complaint.”). 14. (2) whether the exercise of jurisdiction would deprive the nonresident defendant of the right to due process of law under the Fourteenth Amendment to the United

2020See, e.g., Jurko v. Jobs Europe Agency, 43 Ohio App.2d 79, 85 , 334 N.E.2d 478, 482 (8th Dist.1975) (“When a court considers a challenge to its jurisdiction over a defendant-a defense which may require the taking of extensive evidence-the court may hear the matter on affidavits, deposition, interrogatories, or receive oral testimony, as matters of jurisdiction are very often not apparent on the face of the summons or complaint.”). 14. (2) whether the exercise of jurisdiction would deprive the nonresident defendant of the right to due process of law under the Fourteenth Amendment to the United

11
Marker v. Grimmgreen
ohio · 1992 · cited in 1 Ohio opinions naming this issue, 2001–2001
2 sentences

2001Additionally, the court must journalize the “amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet * * * its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.” R.C. 3113.215(B)(2)(c)(ii); see, also, Marker v. Grimm (1992), 65 Ohio St.3d 139 , 601 N.E.2d 496 , paragraph three of the syllabus.

2001Additionally, the court must journalize the “amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet * * * its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.” R.C. 3113.215(B)(2)(c)(ii); see, also, Marker v. Grimm (1992), 65 Ohio St.3d 139 , 601 N.E.2d 496 , paragraph three of the syllabus.

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 (18)

CaseCitedYears
Manson v. Brathwaite green
scotus · 1977
2 sentences

2011In determining the reliability of the identification under the circumstances, the court considers factors such as “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation.” Manson, 432 U.S. at 114 , citing Biggers, 409 U.S. at 199-200 .

2007In determining the reliability of the identification, the court considers factors such as "the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation." Manson v. Brathwaite (1977), 432 U.S. 98 , 114 .

32007–2011
Neil v. Biggers green
scotus · 1972
2 sentences

2011In determining the reliability of the identification under the circumstances, the court considers factors such as “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation.” Manson, 432 U.S. at 114 , citing Biggers, 409 U.S. at 199-200 .

2007In determining the reliability of the identification, the court considers factors such as "the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation." Neil , supra, at 199-200 ; Manson v. Brathwaite (1977), 432 U.S. 98 , 114 .

22007–2011
State v. Sims green
ohioctapp · 2017
2 sentences

2024An abuse of discretion occurs when “a court exercis[es] its judgment, in an unwarranted way, in regard to a matter over which it has discretionary authority.” Johnson v. Abdullah, 166 Ohio St.3d 427 , 2021-Ohio-3304 , 187 N.E.3d 463, ¶ 35 . {¶6} This court considers the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.), when reviewing a trial court’s denial of a motion to withdraw a guilty plea.

2024An abuse of discretion occurs when “a court exercis[es] its judgment, in an unwarranted way, in regard to a matter over which it has discretionary authority.” Johnson v. Abdullah, 166 Ohio St.3d 427 , 2021-Ohio-3304 , 187 N.E.3d 463, ¶ 35 . {¶6} This court considers the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.), when reviewing a trial court’s denial of a motion to withdraw a guilty plea.

12024–2024
State v. Bryant green
ohio · 2022
2 sentences

2024State v. Bryant, 168 Ohio St.3d 250 , 2022-Ohio-1878 , 198 N.E.3d 68, ¶ 21 .

2024State v. Bryant, 168 Ohio St.3d 250 , 2022-Ohio-1878 , 198 N.E.3d 68, ¶ 21 .

12024–2024
State v. Fish green
ohioctapp · 1995
2 sentences

2024An abuse of discretion occurs when “a court exercis[es] its judgment, in an unwarranted way, in regard to a matter over which it has discretionary authority.” Johnson v. Abdullah, 166 Ohio St.3d 427 , 2021-Ohio-3304 , 187 N.E.3d 463, ¶ 35 . {¶6} This court considers the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.), when reviewing a trial court’s denial of a motion to withdraw a guilty plea.

2024An abuse of discretion occurs when “a court exercis[es] its judgment, in an unwarranted way, in regard to a matter over which it has discretionary authority.” Johnson v. Abdullah, 166 Ohio St.3d 427 , 2021-Ohio-3304 , 187 N.E.3d 463, ¶ 35 . {¶6} This court considers the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.), when reviewing a trial court’s denial of a motion to withdraw a guilty plea.

12024–2024
Johnson v. Abdullah (Slip Opinion) green
ohio · 2021
2 sentences

2024An abuse of discretion occurs when “a court exercis[es] its judgment, in an unwarranted way, in regard to a matter over which it has discretionary authority.” Johnson v. Abdullah, 166 Ohio St.3d 427 , 2021-Ohio-3304 , 187 N.E.3d 463, ¶ 35 . {¶6} This court considers the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.), when reviewing a trial court’s denial of a motion to withdraw a guilty plea.

2024An abuse of discretion occurs when “a court exercis[es] its judgment, in an unwarranted way, in regard to a matter over which it has discretionary authority.” Johnson v. Abdullah, 166 Ohio St.3d 427 , 2021-Ohio-3304 , 187 N.E.3d 463, ¶ 35 . {¶6} This court considers the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.), when reviewing a trial court’s denial of a motion to withdraw a guilty plea.

12024–2024
Dahlhausen v. Aldred green
ohioctapp · 2010
1 sentence

2022Where a court considers a challenge to personal jurisdiction without holding an evidentiary hearing, "a plaintiff need only make a prima facie showing of personal jurisdiction and the trial court must view the allegations in the pleadings and documentary evidence in a light most favorable to the plaintiff, resolving all reasonable competing inferences in its favor." Id., citing Booth v. Watershed Wellness Ctr., 12th Dist.

12022–2022
Booth v. Watershed Wellness Ctr. green
ohioctapp · 2013
1 sentence

2022Butler No. CA2013-04-065, 2013-Ohio-5272, ¶ 7 . {¶16} The Ohio Supreme Court has recognized that the requirement of personal jurisdiction under Ohio law is a waivable right and parties may consent to jurisdiction -5- Clermont CA2021-10-059 through a forum selection clause.

12022–2022
In re D.A. green
ohio · 2007
1 sentence

2021In re D.A., 113 Ohio St.3d 88 , 2007-Ohio-1105 , ¶ 17.

12021–2021
State v. Thompkins red
ohio · 1997
2 sentences

2020State v. Thompkins, 78 Ohio St.3d 380, 387 , 678 N.E.2d 541 (1997). {¶21} The state’s theory of the case showed that Robinson and Kim solved their own crime.

2020State v. Thompkins, 78 Ohio St.3d 380, 387 , 678 N.E.2d 541 (1997). {¶21} The state’s theory of the case showed that Robinson and Kim solved their own crime.

12020–2020
State ex rel. Carpenter v. Jones green
ohio · 1994
1 sentence

2020Ptnshp. v. Mr. K’s Foods, Inc., 68 Ohio St.3d 181, 183-184 , 624 N.E.2d 1048 (1994).

12020–2020
U.S. Sprint Communications Co. Ltd. Partnership v. Mr. K's Foods, Inc. green
ohio · 1994
1 sentence

2020Ptnshp. v. Mr. K’s Foods, Inc., 68 Ohio St.3d 181, 183-184 , 624 N.E.2d 1048 (1994).

12020–2020
Neville v. Neville green
ohio · 2003
1 sentence

2019Neville v. Neville, 99 Ohio St.3d 275 , 2003-Ohio-3624 , 791 N.E.2d 434 , ¶ 11; Strauss v. Strauss, 8th Dist.

12019–2019
Eagle v. Fred Martin Motor Co. green
ohioctapp · 2004
2 sentences

2017To evaluate procedural unconscionability, this Court considers factors bearing directly on the relative bargaining position of the parties such as "age, education, intelligence, business acumen, experience in similar transactions, whether the terms were explained to the weaker party, and who drafted the contract." Eagle v. Fred Martin Motor Co. , 157 Ohio App.3d 150 , 2004-Ohio-829 , 809 N.E.2d 1161 , ¶ 31 (9th Dist.).

2017To evaluate procedural unconscionability, this Court considers factors bearing directly on the relative bargaining position of the parties such as "age, education, intelligence, business acumen, experience in similar transactions, whether the terms were explained to the weaker party, and who drafted the contract." Eagle v. Fred Martin Motor Co. , 157 Ohio App.3d 150 , 2004-Ohio-829 , 809 N.E.2d 1161 , ¶ 31 (9th Dist.).

12017–2017
Kent v. United States green
scotus · 1966
1 sentence

2014Lee, supra. {¶53} Appellant argues his due process rights were violated because Ohio’s bindover statutes do not provide for an amenability hearing at which the court considers the factors set forth in Kent v. United States, 383 U.S. 541 (1966), before the juvenile court orders a bindover. {¶54} In Kent, the District of Columbia’s bindover statute provided that the juvenile court may waive its jurisdiction over the juvenile, but did not provide any definitive bindover procedures.

12014–2014
Chester Patterson v. Barry Mintzes green
ca6 · 1983
1 sentence

2011Patterson, 717 F.2d at 289 .

12011–2011
Williams v. Williams green
ohio · 2000
1 sentence

2001In Williams, we announced that “[a] disabled parent is entitled to a full credit in his or her child support obligation for Social Security payments received by a minor child due to the parent’s disability.” Id., 88 Ohio St.3d 441 , 727 N.E.2d 895 , syllabus.

12001–2001
Blakemore v. Blakemore green
ohio · 1983
1 sentence

2000Blakemore v. Blakemore (1993), 5 Ohio St.3d 217 , 218-19 .

12000–2000

Statutes the citing opinions construe

OH § Ohio Rev. Code § 3109.051 (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

IL 100 (1982–2026) IN 33 (1985–2020) CA 31 (1991–2026) TX 30 (1984–2026) OH 21 (2000–2026) IA 18 (1999–2025) WA 17 (1966–2025) UT 14 (1990–2020) KS 14 (1983–2026) MD 13 (1995–2025) MI 13 (1983–2026) AL 13 (1976–2017) VA 12 (1984–2020) DE 12 (1963–2026) MS 10 (1987–2023) ID 9 (1998–2026) TN 9 (2002–2024) GA 8 (2009–2025) NJ 7 (2019–2024) DC 7 (1974–2009) NY 7 (1954–2006) PA 7 (1974–2024) MN 7 (1995–2016) MO 7 (1991–2015) OR 7 (1999–2026) MA 6 (2003–2019) NC 6 (2003–2026) LA 5 (1995–2016) CT 5 (1992–2004) AZ 5 (1990–2023) WI 4 (2020–2025) ME 3 (2014–2023) MT 3 (1981–2007) CO 3 (2003–2025) FL 3 (1986–2019) RI 3 (1989–1998) OK 2 (1993–2010) VT 2 (2011–2019) NV 2 (2008–2024) WY 2 (1994–2000) AR 2 (2020–2021) SD 2 (1996–2000)

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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