remand hearing (Ohio) · Go Syfert
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remand hearing in Ohio

19 Ohio opinions name it 2 courts 1984–2024 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
United States v. Gambino, Rosariogreen
ca3 · 1989 · cited in 2 Ohio opinions naming this issue, 1997–1997
2 sentences

1997United States v. Gambino (C.A.3, 1988), 864 F.2d 1064, 1071, fn. 3 .

1997United States v. Gambino (C.A.3, 1988), 864 F.2d 1064, 1071, fn. 3 .

22
George Lane Beverly Jones, United States of America, Intervenor v. State of Tennessee, Polk County, Tennesseegreen
ca6 · 2003 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024We need not determine whether the remand hearing constituted a trial, as we find that even if it did, no due- process violation resulted from Forrest’s absence. 22 OHIO FIRST DISTRICT COURT OF APPEALS {¶61} In support of his argument, Forrest relies on Lane v. Tennessee, 315 F.3d 680, 682 (6th Cir.2003), which held that “[p]arties in civil litigation have an analogous due process right to be present in the courtroom and to meaningfully participate in the process unless their exclusion furthers important governmental interests.” Lane relied on an earlier Sixth Circuit case, Helminski v. Ayerst

2024We need not determine whether the remand hearing constituted a trial, as we find that even if it did, no due- process violation resulted from Forrest’s absence. 22 OHIO FIRST DISTRICT COURT OF APPEALS {¶61} In support of his argument, Forrest relies on Lane v. Tennessee, 315 F.3d 680, 682 (6th Cir.2003), which held that “[p]arties in civil litigation have an analogous due process right to be present in the courtroom and to meaningfully participate in the process unless their exclusion furthers important governmental interests.” Lane relied on an earlier Sixth Circuit case, Helminski v. Ayerst

11
State v. Thompson (Slip Opinion)green
ohio · 2014 · cited in 1 Ohio opinions naming this issue, 2020–2020
2 sentences

2020Under such No. 17AP-557 30 circumstances, courts will generally "defer to counsel's conduct as a reasoned strategic decision." State v. Thompson, 141 Ohio St.3d 254 , 2014-Ohio-4751, ¶ 247 (trial counsel's pretrial investigation not deficient in failing to seek court appointment of an investigator where counsel may have determined it would be inappropriate to file a motion because they could not demonstrate a particularized need). {¶ 94} Appellant also points to trial counsel's health diagnosis, and argues it is reasonable to assume he was suffering significantly before and during trial.

2020Under such No. 17AP-557 30 circumstances, courts will generally "defer to counsel's conduct as a reasoned strategic decision." State v. Thompson, 141 Ohio St.3d 254 , 2014-Ohio-4751, ¶ 247 (trial counsel's pretrial investigation not deficient in failing to seek court appointment of an investigator where counsel may have determined it would be inappropriate to file a motion because they could not demonstrate a particularized need). {¶ 94} Appellant also points to trial counsel's health diagnosis, and argues it is reasonable to assume he was suffering significantly before and during trial.

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 (20)

CaseCitedYears
Helminski v. Ayerst Laboratories green
ca6 · 1985
2 sentences

2024We need not determine whether the remand hearing constituted a trial, as we find that even if it did, no due- process violation resulted from Forrest’s absence. 22 OHIO FIRST DISTRICT COURT OF APPEALS {¶61} In support of his argument, Forrest relies on Lane v. Tennessee, 315 F.3d 680, 682 (6th Cir.2003), which held that “[p]arties in civil litigation have an analogous due process right to be present in the courtroom and to meaningfully participate in the process unless their exclusion furthers important governmental interests.” Lane relied on an earlier Sixth Circuit case, Helminski v. Ayerst

2024We need not determine whether the remand hearing constituted a trial, as we find that even if it did, no due- process violation resulted from Forrest’s absence. 22 OHIO FIRST DISTRICT COURT OF APPEALS {¶61} In support of his argument, Forrest relies on Lane v. Tennessee, 315 F.3d 680, 682 (6th Cir.2003), which held that “[p]arties in civil litigation have an analogous due process right to be present in the courtroom and to meaningfully participate in the process unless their exclusion furthers important governmental interests.” Lane relied on an earlier Sixth Circuit case, Helminski v. Ayerst

12024–2024
Brady v. Maryland green
scotus · 1963
2 sentences

2021As set forth above, this court previously reversed the trial court’s August 2017 judgment and remanded the case to the trial court “to consider Buehner’s motion for new trial and whether the newly discovered evidence is material under Brady, 373 U.S. 83, 84 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 .” Buehner II, 8th Dist.

2021As set forth above, this court previously reversed the trial court’s August 2017 judgment and remanded the case to the trial court “to consider Buehner’s motion for new trial and whether the newly discovered evidence is material under Brady, 373 U.S. 83, 84 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 .” Buehner II, 8th Dist.

12021–2021
State v. Jackson neutral
ohio · 2016
1 sentence

2021V(14)(A) and (C); Akron Bar Assn. v. Bednarski, 148 Ohio St.3d 615 , 2017-Ohio- 522, 71 N.E.3d 1093, ¶ 3 . {¶ 3} During the remand hearing, Burgess testified about factors in his personal and professional life that he believed to be mitigating.

12021–2021
Akron Bar Association v. Bednarski neutral
ohio · 2017
1 sentence

2021V(14)(A) and (C); Akron Bar Assn. v. Bednarski, 148 Ohio St.3d 615 , 2017-Ohio- 522, 71 N.E.3d 1093, ¶ 3 . {¶ 3} During the remand hearing, Burgess testified about factors in his personal and professional life that he believed to be mitigating.

12021–2021
In RE ADOPTION OF M.G.B.-E. Et Al. green
ohio · 2018
2 sentences

2019As mentioned above, the probate court determined that it would only consider the filings to the date of the original hearing on the adoption petition. {¶ 14} In its decision remanding the case to the probate court to consider the domestic relations court parenting proceedings, the Ohio Supreme Court held that "strictly construing R.C. 3107.07(A) in favor of Father requires the probate court to take into account Father's efforts to reestablish parental rights and responsibilities through the domestic relations court during the year preceding the filing of the adoption petitions, as well as Moth

2019As mentioned above, the probate court determined that it would only consider the filings to the date of the original hearing on the adoption petition. {¶ 14} In its decision remanding the case to the probate court to consider the domestic relations court parenting proceedings, the Ohio Supreme Court held that "strictly construing R.C. 3107.07(A) in favor of Father requires the probate court to take into account Father's efforts to reestablish parental rights and responsibilities through the domestic relations court during the year preceding the filing of the adoption petitions, as well as Moth

12019–2019
In re Adoption of Holcomb green
ohio · 1985
1 sentence

2019In re Adoption of Holcomb, 18 Ohio St.3d 361, 367 . {¶ 13} In his first assignment of error, Father argues that the trial court erred when it failed to consider filings in the domestic relations court case up to the date of the remand hearing.

12019–2019
Anders v. California green
scotus · 1967
2 sentences

2016Appellant appeals from that judgment entry. {¶ 5} Appointed counsel has filed a brief and requested leave to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967).

2016Appellant appeals from that judgment entry. {¶ 5} Appointed counsel has filed a brief and requested leave to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967).

12016–2016
State v. Fowler green
ohioctapp · 2016
1 sentence

2016Id. {¶13} On April 11, 2016, the trial court held a remand hearing at which the parties agreed no additional evidence would be presented.

12016–2016
Matheny v. Norton neutral
ohioctapp · 2012
1 sentence

2013They argue that this Court’s precedent “dictates a reversal without addressing the merits of the trial court’s decision.” {¶13} In our previous decision in this case, we noted that Revised Code Section 2711.03(A) provides that “[t]he court shall hear the parties * * *.” Matheny, 2012-Ohio-2283 at ¶ 7 , quoting R.C. 2711.03(A).

12013–2013
Robinson v. Commonwealth green
mass · 2005
1 sentence

2011State v. Brooks, 163 Ohio App.3d 241 , 2005-Ohio-4728 , 837 N.E.2d 241, at ¶9 .

12011–2011
State v. Brooks green
ohioctapp · 2005
2 sentences

2011State v. Brooks, 163 Ohio App.3d 241 , 2005-Ohio-4728 , 837 N.E.2d 241, at ¶9 .

2011State v. Brooks, 163 Ohio App.3d 241 , 2005-Ohio-4728 , 837 N.E.2d 241, at ¶9 .

12011–2011
State v. Harrison neutral
ohioctapp · 2011
1 sentence

2011This court, in State v. Lorenzo, Cuyahoga App. No. 95666, 2011-Ohio-3258, ¶16 , held that: “* * * the judge on remand should attempt to determine those issues for which the defendant sought to discharge his attorney initially, and acknowledged that ‘in the aftermath of trial,’ a defendant ‘might assert numerous errors of his trial counsel,’ but cautioned that ‘it is unlikely that he would foresee each error prior to trial.’ Beranek.

12011–2011
Centennial Insurance v. Liberty Mutual Insurance green
ohio · 1980
1 sentence

2008Co. (1980), 62 Ohio St.2d 221 , 226 , fn. 5. {¶ 15} Here, Burchfield raised the "500-foot set back" issue in the remand hearing before the zoning board but did not raise it in the second appeal to the trial court.

12008–2008
State v. Ouch, Unpublished Decision (12-28-2006) neutral
ohioctapp · 2006
2 sentences

2008Id. {¶ 7} In resolving the disparate testimony given at the remand hearing, the trial court found defendant's testimony not credible because it was not consistent.

2008Id. {¶ 7} In resolving the disparate testimony given at the remand hearing, the trial court found defendant's testimony not credible because it was not consistent.

12008–2008
State v. Harris neutral
ohioctapp · 1982
1 sentence

2007"Expungement of a conviction of theft in office can never be `consistent with the public interest.'" State v. Harris (1982), 7 Ohio App.3d 258 , 261 .

12007–2007
State v. Deal green
ohio · 1969
1 sentence

2006With the record being devoid of sufficient inquiry, this court could not determine either that the request was reasonable or that Constitutional grounds were present. {¶ 17} This Court in State v. Murphy, supra, and in the prior appeal herein, relied on State v. Deal (1969), 17 Ohio St.2d 17 .

12006–2006
Jones v. Barnes green
scotus · 1983
2 sentences

2006Jones v. Barnes (1983), 463 U.S. 745 , 77 L.Ed.2d 987 , 103 S.Ct. 3308 .

2006Jones v. Barnes (1983), 463 U.S. 745 , 77 L.Ed.2d 987 , 103 S.Ct. 3308 .

12006–2006
Whitehead v. General Telephone Co. green
ohio · 1969
1 sentence

2004Co. (1969), 20 Ohio St.2d 108 , overruled in part, Grava v. Parleman Township (1995), 73 Ohio St.3d 379 , the trial court held that Appellant was barred from re-litigating the issue of prejudgment interest at the remand hearing based on the doctrine of res judicata.

12004–2004
Grava v. Parkman Township green
ohio · 1995
1 sentence

2004Co. (1969), 20 Ohio St.2d 108 , overruled in part, Grava v. Parleman Township (1995), 73 Ohio St.3d 379 , the trial court held that Appellant was barred from re-litigating the issue of prejudgment interest at the remand hearing based on the doctrine of res judicata.

12004–2004
United States v. Joe Renteria green
ca5 · 1980
1 sentence

1984In the event of such an appeal, the clerk of this court will set a reasonable schedule for the filing of supplemental briefs without further order of the court. 41 United States v. Renteria, 625 F.2d at 1284 .

11984–1984

Where else courts name it

PA 111 (1956–2026) NJ 77 (1965–2026) IL 54 (1973–2026) UT 48 (2001–2026) CA 47 (1985–2025) MI 36 (1971–2026) CT 33 (1982–2022) GA 21 (1988–2023) DC 19 (1986–2023) OH 19 (1984–2024) IA 18 (1971–2025) CO 18 (1990–2026) TX 16 (1935–2026) WA 16 (1970–2023) OR 14 (1972–2024) NY 14 (1978–2025) LA 13 (1987–2014) AL 10 (1980–2024) MD 10 (1968–2019) MO 10 (1981–2024) KS 10 (1978–2021) MN 9 (1988–2018) FL 9 (1983–2023) DE 8 (1996–2023) MS 8 (2003–2023) TN 8 (1998–2024) WY 8 (1989–2016) MA 8 (1984–2026) NC 7 (2012–2022) WI 7 (1984–2025) VA 6 (2002–2023) IN 6 (1981–2018) ND 6 (2001–2015) RI 4 (1979–2009) SD 4 (2002–2014) WV 4 (1981–1997) ID 3 (1983–2015) NM 3 (1998–2013) AK 3 (1978–2012) SC 3 (2000–2019) KY 3 (1977–2013) AZ 3 (1971–2025) HI 2 (2000–2005) VI 2 (2010–2016) VT 2 (2012–2016) ME 2 (2000–2006)

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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