allow defense (Ohio) · Go Syfert
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allow defense in Ohio

16 Ohio opinions name it 2 courts 1956–2024 2 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 (4)

CaseFollowedCited
Alford v. United Statesgreen
scotus · 1931 · cited in 7 Ohio opinions naming this issue, 1978–2024
2 sentences

2003Only where the prosecution inquires into new areas during redirect examination must the trial court allow defense the opportunity to recross-examine." (Citations omitted.) State v. Faulkner (1978), 56 Ohio St.2d 42 , 46 , 381 N.E.2d 934 , citing Alford v. United States (1931), 282 U.S. 687 , 51 S.Ct. 218 . {¶ 14} After reviewing the record, we conclude that the state did not inquire into a new area in its redirect examination of Officer Lewis.

2003Only where the prosecution inquires into new areas during redirect examination must the trial court allow defense the opportunity to recross-examine." (Citations omitted.) State v. Faulkner (1978), 56 Ohio St.2d 42 , 46 , 381 N.E.2d 934 , citing Alford v. United States (1931), 282 U.S. 687 , 51 S.Ct. 218 . {¶ 14} After reviewing the record, we conclude that the state did not inquire into a new area in its redirect examination of Officer Lewis.

47
State v. Faulknergreen
ohio · 1978 · cited in 7 Ohio opinions naming this issue, 1990–2020
2 sentences

2020Vol. II at 434-35.) {¶ 33} In State v. Faulkner, 56 Ohio St.2d 42, 46 (1978), the Supreme Court stated "[a]lthough a defendant must have the opportunity to cross-examine all witnesses against him as a matter of right, * * * the opportunity to recross-examine a witness is within the discretion of the trial court. * * * Only where the prosecution inquires into new areas during redirect examination must the trial court allow defense the opportunity to recross-examine." An alleged violation of confrontation rights is subject to harmless-error analysis.

2018"Only where the prosecution inquires into new areas during redirect examination must the trial court allow defense the opportunity to recross-examine." Faulkner at 46, 381 N.E.2d 934 . {¶ 18} Here, Ms. Delaney's own trial counsel was the first attorney to raise the issue of DNA evidence with the detective.

27
City of Columbus v. Woodrickgreen
ohioctapp · 1976 · cited in 3 Ohio opinions naming this issue, 2007–2007
2 sentences

2007The case cited by Appellant, *Page 8 Columbus v. Woodrick (1976), 48 Ohio App.2d 274 , 277-278 , 357 N.E.2d 58 , held: "The failure of a court to allow defense counsel in a criminal trial to present a closing argument is reversible error, in the absence of a plain showing that there was an intentional waiver of the right." Id. at syllabus.

2007The case cited by Appellant, *Page 8 Columbus v. Woodrick (1976), 48 Ohio App.2d 274 , 277-278 , 357 N.E.2d 58 , held: "The failure of a court to allow defense counsel in a criminal trial to present a closing argument is reversible error, in the absence of a plain showing that there was an intentional waiver of the right." Id. at syllabus.

13
Delaware v. Van Arsdallgreen
scotus · 1986 · cited in 1 Ohio opinions naming this issue, 2020–2020
1 sentence

2020State v. Smith, 10th Dist. No. 06AP-1165, 2007-Ohio-6772, ¶ 23 , citing State v. Noling, 98 Ohio St.3d 44 , 2002-Ohio-7044, ¶ 31 , citing Delaware v. Van Arsdall, 475 U.S. 673, 682 (1986). {¶ 34} In this case, appellant fails to argue any other instances of an attempt to conduct recross-examination.

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 (5)

CaseCitedYears
State v. Smith, 06ap-1165 (12-18-2007) green
ohioctapp · 2007
1 sentence

2020State v. Smith, 10th Dist. No. 06AP-1165, 2007-Ohio-6772, ¶ 23 , citing State v. Noling, 98 Ohio St.3d 44 , 2002-Ohio-7044, ¶ 31 , citing Delaware v. Van Arsdall, 475 U.S. 673, 682 (1986). {¶ 34} In this case, appellant fails to argue any other instances of an attempt to conduct recross-examination.

12020–2020
State v. Green green
ohio · 2000
2 sentences

2020State v. Green, 90 Ohio St.3d 352, 359-360 , 738 N.E.2d 1208 (2000).

2020State v. Green, 90 Ohio St.3d 352, 359-360 , 738 N.E.2d 1208 (2000).

12020–2020
State v. Noling green
ohio · 2002
2 sentences

2020State v. Smith, 10th Dist. No. 06AP-1165, 2007-Ohio-6772, ¶ 23 , citing State v. Noling, 98 Ohio St.3d 44 , 2002-Ohio-7044, ¶ 31 , citing Delaware v. Van Arsdall, 475 U.S. 673, 682 (1986). {¶ 34} In this case, appellant fails to argue any other instances of an attempt to conduct recross-examination.

2020State v. Smith, 10th Dist. No. 06AP-1165, 2007-Ohio-6772, ¶ 23 , citing State v. Noling, 98 Ohio St.3d 44 , 2002-Ohio-7044, ¶ 31 , citing Delaware v. Van Arsdall, 475 U.S. 673, 682 (1986). {¶ 34} In this case, appellant fails to argue any other instances of an attempt to conduct recross-examination.

12020–2020
Herrera v. Collins green
scotus · 1993
1 sentence

1999In Herrera v. Collins (1993), 506 U.S. 390 , the United States Supreme Court held that a claim of actual innocence based on newly discovered evidence is not a ground for federal habeas relief absent an independent constitutional violation which occurred in the underlying state criminal proceeding.

11999–1999
Plunkett-Webster Lumber Co. v. Buchanan green
ohioctapp · 1948
1 sentence

1956This conclusion is in entire accord with the opinion written by Judge Doyle in In re Estate of Buchanan, supra, and in which the writer of this opinion concurred.

11956–1956

Where else courts name it

OH 16 (1956–2024) NY 6 (1957–2020) IL 6 (1939–2026) CA 5 (1887–2021) PA 4 (1972–2025) WA 4 (1925–2013) TX 3 (1978–2025) FL 3 (1987–2026) AZ 3 (1998–2019) IN 2 (2000–2019) NC 2 (1885–1971) OR 2 (1988–2021) AR 2 (2021–2025) GA 2 (1978–1994) KS 2 (1991–2006) MI 2 (1971–1981)

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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