inclusion instruction in Ohio

16 Ohio opinions name it 2 courts 1939–2026 4 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)

Case	Followed	Cited
State v. Perezgreen ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2026–2026 1 sentence 2026Fluker alleges that this instruction was improper “because there was absolutely no evidence presented at trial that [Fluker] ‘used’ a firearm in any manner, let alone in a manner ‘calculated to destroy life.’” When determining “‘whether the presence of sufficient evidence existed in the record to support the giving of a proposed jury instruction, an appellate court should determine whether the record contains evidence from which reasonable minds might reach the conclusion sought by the instruction.’” State v. Perez, 2020-Ohio-100, ¶ 22 (8th Dist.), quoting State v. Risner, 120 Ohio App.3d 571,	1	1
State v. Risnergreen ohioctapp · 1997 · cited in 1 Ohio opinions naming this issue, 2026–2026 1 sentence 2026Fluker alleges that this instruction was improper “because there was absolutely no evidence presented at trial that [Fluker] ‘used’ a firearm in any manner, let alone in a manner ‘calculated to destroy life.’” When determining “‘whether the presence of sufficient evidence existed in the record to support the giving of a proposed jury instruction, an appellate court should determine whether the record contains evidence from which reasonable minds might reach the conclusion sought by the instruction.’” State v. Perez, 2020-Ohio-100, ¶ 22 (8th Dist.), quoting State v. Risner, 120 Ohio App.3d 571,	1	1
Van Scyoc v. Huba, Unpublished Decision (11-30-2005)green ohioctapp · 2005 · cited in 1 Ohio opinions naming this issue, 2019–2019 1 sentence 2019Summit No. 22637, 2005-Ohio-6322, ¶ 18-19 (“Appellant effectively withdrew her objection to the submitted jury charge when she declined to renew it when specifically provided an opportunity to do so[,]” which had the “effect of waiving all but plain error on appeal.”). {¶11} Here, defense counsel objected to the inclusion of the defense-of-property instruction prior to the trial court giving its instructions to the jury.	1	1
31 Fair empl.prac.cas. 1707, 32 Empl. Prac. Dec. P 33,668 Gloria Holmes v. Continental Can Companygreen ca11 · 1983 · cited in 1 Ohio opinions naming this issue, 2016–2016 1 sentence 2016See [Holmes v. Contintental Can Co., 706 F.2d 1144, 1156 (11th Cir. 1983)] (“money damages are directly related to the disparate merits of individual claims and are not generally applicable to the claims of the class as a whole”) (internal quotations omitted).	1	1
State v. Gustergreen ohio · 1981 · cited in 1 Ohio opinions naming this issue, 2014–2014 2 sentences 2014Cuyahoga No. 94475, 2011-Ohio-704 , ¶ 23 citing State v. Guster, 66 Ohio St.2d 266, 268 , 421 N.E.2d 157, fn. 1 (1981). {¶ 41} According to the Supreme Court of Ohio, the legal standard for the inclusion of the instruction is as follows: The determination of whether a cautionary instruction of the type in question should be given will, therefore, depend in large measure on whether a resolution by the jury of the disputed issues in the case requires or will be clearly assisted by the instruction. 2014Cuyahoga No. 94475, 2011-Ohio-704 , ¶ 23 citing State v. Guster, 66 Ohio St.2d 266, 268 , 421 N.E.2d 157, fn. 1 (1981). {¶ 41} According to the Supreme Court of Ohio, the legal standard for the inclusion of the instruction is as follows: The determination of whether a cautionary instruction of the type in question should be given will, therefore, depend in large measure on whether a resolution by the jury of the disputed issues in the case requires or will be clearly assisted by the instruction.	1	1
State v. Kiddergreen ohio · 1987 · cited in 1 Ohio opinions naming this issue, 2002–2002 1 sentence 2002See Kidder , supra. Accordingly, we overrule this assignment of error. {¶ 95} The tenth assignment of error states: {¶ 96} "DEFENDANT WAS DENIED DUE PROCESS OF LAW WHEN HE WAS ALLOWED TO BE CONVICTED FOR THE INTERVENING ACT OF ANOTHER." {¶ 97} Jones complains that in giving the following instruction on intervening cause, the court effectively amended the statute and the indictment: {¶ 98} "The defendants are responsible for the natural consequences of the defendants' unlawful act or failure to act even though the physical harm to Warren Culbreath was also caused by an intervening act or failur	1	1
Carnival Cruise Lines, Inc. v. Shutegreen scotus · 1991 · cited in 1 Ohio opinions naming this issue, 2000–2000 2 sentences 2000See Carnival , 499 U.S. at 593 -94 , 113 L.Ed.2d at 632 . 2000See Carnival , 499 U.S. at 593 -94 , 113 L.Ed.2d at 632 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Willow Grove, Ltd. v. Olmsted Twp. Bd. of Zoning Appeals green ohioctapp · 2021 1 sentence 2022Schedule 310.04(c)(8) expressly provides that a minimum amount of off-street parking is required for “[s]nack bars in association with a principal use.” The inclusion of this exception indicates that the minimum parking requirements set forth in Schedule 310.04 apply to “Principal Buildings and Uses” only, unless expressly excepted therein. {¶ 25} And while Section 310.02 of the OTZR may refer to minimum parking requirements for “any new buildings or uses” (emphasis added), as the court of appeals found, see 2021-Ohio-2510 at ¶ 21 , the details of Schedule 310.04 specify that minimum off-stree	1	2022–2022
State v. Owens (Slip Opinion) green ohio · 2020 1 sentence 2021“When a defendant fails to object to the jury instructions, she waives all but plain error.” State v. Owens, Slip Opinion No. 2020-Ohio-4616, ¶ 7 , citing State v. Diar, 120 Ohio St.3d 460 , 2008-Ohio-6266 , 900 N.E.2d 565, ¶ 127 .	1	2021–2021
State v. Mack green ohio · 1998 1 sentence 2021Id. at 200 . {¶10} Here, while Oliver requested the inclusion of an instruction on sexual imposition, Oliver has not challenged the trial court’s ruling on that issue on appeal.	1	2021–2021
State v. Diar green ohio · 2008 2 sentences 2021“When a defendant fails to object to the jury instructions, she waives all but plain error.” State v. Owens, Slip Opinion No. 2020-Ohio-4616, ¶ 7 , citing State v. Diar, 120 Ohio St.3d 460 , 2008-Ohio-6266 , 900 N.E.2d 565, ¶ 127 . 2021“When a defendant fails to object to the jury instructions, she waives all but plain error.” State v. Owens, Slip Opinion No. 2020-Ohio-4616, ¶ 7 , citing State v. Diar, 120 Ohio St.3d 460 , 2008-Ohio-6266 , 900 N.E.2d 565, ¶ 127 .	1	2021–2021
State v. Comen green ohio · 1990 2 sentences 2017Wright claims that the inclusion of this instruction and the exclusion of the castle doctrine constituted plain error requiring reversal. {¶ 31} A trial court has broad discretion in fashioning jury instructions, but it must “‘fully and completely give the jury all instructions which are relevant and necessary for the jury to weigh the evidence and discharge its duty as the fact finder.’” State v. White, 142 Ohio St.3d 277 , 2015-Ohio-492 , 29 N.E.3d 939, ¶ 46 , quoting State v. Comen, 50 Ohio St.3d 206 , 553 N.E.2d 640 (1990), paragraph two of the syllabus. 2017Wright claims that the inclusion of this instruction and the exclusion of the castle doctrine constituted plain error requiring reversal. {¶ 31} A trial court has broad discretion in fashioning jury instructions, but it must “‘fully and completely give the jury all instructions which are relevant and necessary for the jury to weigh the evidence and discharge its duty as the fact finder.’” State v. White, 142 Ohio St.3d 277 , 2015-Ohio-492 , 29 N.E.3d 939, ¶ 46 , quoting State v. Comen, 50 Ohio St.3d 206 , 553 N.E.2d 640 (1990), paragraph two of the syllabus.	1	2017–2017
State v. White green ohio · 2015 2 sentences 2017Wright claims that the inclusion of this instruction and the exclusion of the castle doctrine constituted plain error requiring reversal. {¶ 31} A trial court has broad discretion in fashioning jury instructions, but it must “‘fully and completely give the jury all instructions which are relevant and necessary for the jury to weigh the evidence and discharge its duty as the fact finder.’” State v. White, 142 Ohio St.3d 277 , 2015-Ohio-492 , 29 N.E.3d 939, ¶ 46 , quoting State v. Comen, 50 Ohio St.3d 206 , 553 N.E.2d 640 (1990), paragraph two of the syllabus. 2017Wright claims that the inclusion of this instruction and the exclusion of the castle doctrine constituted plain error requiring reversal. {¶ 31} A trial court has broad discretion in fashioning jury instructions, but it must “‘fully and completely give the jury all instructions which are relevant and necessary for the jury to weigh the evidence and discharge its duty as the fact finder.’” State v. White, 142 Ohio St.3d 277 , 2015-Ohio-492 , 29 N.E.3d 939, ¶ 46 , quoting State v. Comen, 50 Ohio St.3d 206 , 553 N.E.2d 640 (1990), paragraph two of the syllabus.	1	2017–2017
Siemientkowski v. State Farm Ins. Co., Unpublished Decision (8-18-2005) green ohioctapp · 2005 1 sentence 2007Co. , Cuyahoga App. No. 85323, 2005-Ohio-4295 . 4 Civ.R. 10(D)(2) was enacted to reflect the inclusion of the requirement that a medical liability complaint include an affidavit of merit concerning the alleged breach of the standard of care by each defendant to the action.	1	2007–2007
Kulch v. Structural Fibers, Inc. green ohio · 1997 2 sentences 2003Perritt, The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie? (1989), 58 U.Cin.L.Rev. 397, 398-399.” See, also, Collins v. Rizkana (1995), 73 Ohio St.3d 65, 69-70 , 652 N.E.2d 653 ; Kulch v. Structural Fibers, Inc. (1997), 78 Ohio St.3d 134, 150-151 , 677 N.E.2d 308 . {¶ 32} The inclusion of this claim is somewhat perplexing. 2003Perritt, The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie? (1989), 58 U.Cin.L.Rev. 397, 398-399.” See, also, Collins v. Rizkana (1995), 73 Ohio St.3d 65, 69-70 , 652 N.E.2d 653 ; Kulch v. Structural Fibers, Inc. (1997), 78 Ohio St.3d 134, 150-151 , 677 N.E.2d 308 . {¶ 32} The inclusion of this claim is somewhat perplexing.	1	2003–2003
Leber v. Smith green ohio · 1994 1 sentence 2003In Leber v. Smith (1994), 70 Ohio St.3d 548 , 552 , the Ohio Supreme Court stated: {¶ 55} "In the present case, Buckeye Union did not object to the trial judge's informing the jury that the judgment against the board in Leber I was binding on the jury in Leber II .	1	2003–2003
Collins v. Rizkana green ohio · 1995 2 sentences 2003Perritt, The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie? (1989), 58 U.Cin.L.Rev. 397, 398-399.” See, also, Collins v. Rizkana (1995), 73 Ohio St.3d 65, 69-70 , 652 N.E.2d 653 ; Kulch v. Structural Fibers, Inc. (1997), 78 Ohio St.3d 134, 150-151 , 677 N.E.2d 308 . {¶ 32} The inclusion of this claim is somewhat perplexing. 2003Perritt, The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie? (1989), 58 U.Cin.L.Rev. 397, 398-399.” See, also, Collins v. Rizkana (1995), 73 Ohio St.3d 65, 69-70 , 652 N.E.2d 653 ; Kulch v. Structural Fibers, Inc. (1997), 78 Ohio St.3d 134, 150-151 , 677 N.E.2d 308 . {¶ 32} The inclusion of this claim is somewhat perplexing.	1	2003–2003
Akron Standard Division of Eagle-Picher Industries, Inc. v. Lindley green ohio · 1984 2 sentences 2001Failure to comply fully with either of these requirements properly leads to dismissal of the appeal, since substantial compliance has not occurred. * * * The verification requirement serves no such essential purpose, however, and thus is not a jurisdictional prerequisite.” Id. at 12 , 11 OBR at 10, 462 N.E.2d at 420-421 . 2001Failure to comply fully with either of these requirements properly leads to dismissal of the appeal, since substantial compliance has not occurred. * * * The verification requirement serves no such essential purpose, however, and thus is not a jurisdictional prerequisite.” Id. at 12 , 11 OBR at 10, 462 N.E.2d at 420-421 .	1	2001–2001
Bahm v. Pittsburgh & Lake Erie Rd. Co. green ohio · 1966 1 sentence 1967Co., 6 Ohio St. 2d 192 , to wit, even though the negligence of either party is of the slightest degree, or any degree, recovery cannot be had.	1	1967–1967
Snyder v. State Liability Board of Awards neutral ohio · 1916 2 sentences 1939In Noggle v. Industrial Commission, supra, at the bottom of page 502, it is stated in the opinion by Judge Jones: “In 1925, Section 1465-90, General Code, was amended by the inclusion of the clause, ‘including the extent of disability and amount of compensation to be paid in each claim. ’ That the inclusion of -that clause did not fundamentally change the right of appeal is evidenced by the second paragraph of the syllabus in the early case of Snyder v. State Liability Board of Awards, 94 Ohio St., 342 , 114 N. E., 268 .” After further reference to the subject and citation of cases, the opinio 1939In Noggle v. Industrial Commission, supra, at the bottom of page 502, it is stated in the opinion by Judge Jones: “In 1925, Section 1465-90, General Code, was amended by the inclusion of the clause, ‘including the extent of disability and amount of compensation to be paid in each claim. ’ That the inclusion of -that clause did not fundamentally change the right of appeal is evidenced by the second paragraph of the syllabus in the early case of Snyder v. State Liability Board of Awards, 94 Ohio St., 342 , 114 N. E., 268 .” After further reference to the subject and citation of cases, the opinio	1	1939–1939
State Ex Rel. Gaede v. Guion neutral ohio · 1927 1 sentence 1939In Noggle v. Industrial Commission, supra, at the bottom of page 502, it is stated in the opinion by Judge Jones: “In 1925, Section 1465-90, General Code, was amended by the inclusion of the clause, ‘including the extent of disability and amount of compensation to be paid in each claim. ’ That the inclusion of -that clause did not fundamentally change the right of appeal is evidenced by the second paragraph of the syllabus in the early case of Snyder v. State Liability Board of Awards, 94 Ohio St., 342 , 114 N. E., 268 .” After further reference to the subject and citation of cases, the opinio	1	1939–1939
Industrial Commission v. Hilshorst neutral · 1927 1 sentence 1939In Noggle v. Industrial Commission, supra, at the bottom of page 502, it is stated in the opinion by Judge Jones: “In 1925, Section 1465-90, General Code, was amended by the inclusion of the clause, ‘including the extent of disability and amount of compensation to be paid in each claim. ’ That the inclusion of -that clause did not fundamentally change the right of appeal is evidenced by the second paragraph of the syllabus in the early case of Snyder v. State Liability Board of Awards, 94 Ohio St., 342 , 114 N. E., 268 .” After further reference to the subject and citation of cases, the opinio	1	1939–1939

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2901.22 (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

TX 125 (1973–2026) NY 35 (1906–2021) CA 27 (1923–2024) IL 25 (1934–2021) FL 20 (1931–2013) OH 16 (1939–2026) CT 15 (1966–2022) MO 13 (1960–2017) LA 11 (1982–2017) GA 11 (1943–2020) NJ 10 (1962–2018) MA 10 (1957–2014) PA 10 (1973–2023) MS 10 (1994–2026) CO 9 (1971–2026) IN 9 (1986–2020) MI 8 (1982–2023) IA 7 (1966–2026) MN 6 (1956–2007) AL 6 (1916–2016) NC 6 (1992–2013) OR 6 (1975–2022) WI 6 (1977–2024) WV 5 (1992–2010) MD 5 (1931–2019) AZ 5 (1947–2023) KY 4 (1926–1986) OK 4 (2000–2014) TN 4 (1997–2026) NE 4 (1958–2020) VT 4 (1984–2012) ID 4 (1932–2023) VA 4 (1997–2021) ND 3 (1977–1983) WA 3 (2018–2024) KS 3 (2005–2022) NM 3 (1965–2020) DE 3 (2010–2013) ME 3 (1990–2023) DC 3 (1995–2023) SC 2 (1964–2016) AR 2 (1984–2010) MT 2 (1934–1980) AK 2 (1985–2009) HI 2 (2005–2007)

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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