list factors (Ohio) · Go Syfert
← Ohio issues

list factors in Ohio

104 Ohio opinions name it 6 courts 1975–2026 23 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 (23)

CaseFollowedCited
Fisher v. Mayfieldgreen
ohio · 1990 · cited in 8 Ohio opinions naming this issue, 1997–2017
2 sentences

2017This list of factors is not exclusive, but is "intended to be illustrative of the factors that need to be considered." Fisher at 279, fn.2, 551 N.E.2d 1271 .

2013Richland County, Case No. 2012-CA-56 10 This list of factors is not exhaustive and may continue to evolve, but the list is “illustrative of the factors that need to be considered.” Fisher, 49 Ohio St.3d at 279 , 551 N.E. 2d 1271 . {¶24} Appellee relies on Gilham v. Cambridge Home Health Care, Inc. and Crockett v. HCR Manorcare, to argue appellant cannot meet the totality of the circumstances test because the accident occurred on a public roadway, the employer did not exercise control over the accident scene, and the employer did not receive a sufficient benefit from appellant’s presence at the

28
State v. Wilsongreen
ohioctapp · 1982 · cited in 2 Ohio opinions naming this issue, 1989–1993
2 sentences

1993Some courts have interpreted this language to mean that this type of evidence is admissible ‘if it is relevant under Evid.R. 401 and not excluded under Evid.R. 403.’ State v. Wilson (1982), 8 Ohio App.3d 216, 219 [8 OBR 288, 290-291, 456 N.E.2d 1287, 1291 ].

1993Some courts have interpreted this language to mean that this type of evidence is admissible ‘if it is relevant under Evid.R. 401 and not excluded under Evid.R. 403.’ State v. Wilson (1982), 8 Ohio App.3d 216, 219 [8 OBR 288, 290-291, 456 N.E.2d 1287, 1291 ].

22
In Re I.M., Unpublished Decision (12-24-2003)green
ohioctapp · 2003 · cited in 9 Ohio opinions naming this issue, 2004–2011
2 sentences

2011This Court has previously held that “the statute does not require the court to list those factors or conditions it found applicable before making its determination that permanent custody is in the child’s best interest.” In re T.S.; In re I.M., Cuyahoga App. Nos. 82669 and 82695, 2003-Ohio-7069 .

2005However, that holding is not shared by this court. {¶ 22} As this court has repeatedly recognized, "the statute does not require the court to list those factors or conditions it found applicable before making its determination that the child cannot be placed with either parent or that permanent custody is in that child's best interest." In re T.M., Cuyahoga App. No. 83933, 2004-Ohio-5222 , at ¶ 32 ; In re I.M., Cuyahoga App. Nos. 82669 82695, 2003-Ohio-7069, at ¶ 27 .

19
Blakemore v. Blakemoregreen
ohio · 1983 · cited in 4 Ohio opinions naming this issue, 2008–2020
2 sentences

2020Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶24} The Supreme Court of Ohio has created a list of factors to be considered in evaluating a motion for continuance, which includes: the length of delay requested, whether other continuances have been requested and received; inconvenience to litigants, witnesses, and the trial court; whether the delay is for legitimate reasons or dilatory, purposeful, or contrived; whether the defendant contributed to the circumstances giving rise to the request, and any other relevant factors.

2018Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶ 15} In determining whether a trial court abused its discretion in denying a presentence motion to withdraw a guilty plea, a reviewing court weighs a list of factors, including: (1) whether the prosecution would be prejudiced if the plea was vacated; (2) whether the accused was represented by highly competent counsel; (3) whether the accused was given a full Crim.R. 11 hearing; (4) whether a full hearing was held on the motion; (5) whether the trial court gave full and fair consideration to the motion; (6) whether the mo

14
Ruckman v. Cubby Drilling, Inc.green
ohio · 1998 · cited in 3 Ohio opinions naming this issue, 2016–2022
2 sentences

2022“This list of factors is not exhaustive * * * and an employee may fail to establish one or more of these three factors and still be able to establish the requisite causal connection.” Friebel, 142 Ohio St.3d 425 , 2014-Ohio-4531 , 32 N.E.3d 413, ¶ 14 , citing Fisher at 279, fn. 2 ; Ruckman, 81 Ohio St.3d at 122 , 689 N.E.2d 917 .

2022“This list of factors is not exhaustive * * * and an employee may fail to establish one or more of these three factors and still be able to establish the requisite causal connection.” Friebel, 142 Ohio St.3d 425 , 2014-Ohio-4531 , 32 N.E.3d 413, ¶ 14 , citing Fisher at 279, fn. 2 ; Ruckman, 81 Ohio St.3d at 122 , 689 N.E.2d 917 .

13
State v. Ungergreen
ohio · 1981 · cited in 2 Ohio opinions naming this issue, 2020–2026
2 sentences

2026Analysis {¶21} “The Supreme Court of Ohio has created a list of factors to be considered in evaluating a motion for continuance, which includes: the length of delay requested, whether other continuances have been requested and received; inconvenience to litigants, witnesses, and the trial court; whether the delay is for legitimate reasons or dilatory, purposeful, or contrived; whether the defendant contributed to the circumstances giving rise to the request, and any other relevant factors.” Flinders, at ¶ 24, citing State v. Unger, 67 Ohio St.2d, 65, 68 (1981). {¶22} Upon examining the record

2020Unger, supra, at 68 .

12
Skerlec v. Ganley Chevrolet, Inc.green
ohioctapp · 2012 · cited in 2 Ohio opinions naming this issue, 2021–2026
2 sentences

2026This court has also identified a list of factors to consider in deciding whether a party acted inconsistently with the right to arbitrate: “‘(1) any delay in the requesting party’s demand to arbitrate via a motion to stay judicial proceedings and an order compelling arbitration; (2) the extent of the requesting party’s participation in the litigation prior to its filing a motion to stay the judicial proceeding, including a determination of the status of discovery, dispositive motions, and the trial date; (3) whether the requesting party invoked the jurisdiction of the court by filing a counter

2021Cuyahoga No. 98247, 2012-Ohio-5748, ¶ 24 , quoting Phillips at 12 .

12
Hudson v. United Statesgreen
scotus · 1997 · cited in 2 Ohio opinions naming this issue, 1998–2017
2 sentences

2017Hudson Prong 2-Purpose or Effect {¶ 34} Secondly, under Hudson , even in those cases where the legislature has indicated an intention to establish a civil penalty, courts have inquired further to find "whether the statutory scheme was so punitive in purpose or effect as to transform what was clearly intended to be a civil remedy into a criminal penalty." (Citations omitted.) Martello . {¶ 35} "Only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty." Id. at ¶ 20, quoting Hudson , 522 U.S. at 99 , 118 S.C

2017Hudson Prong 2-Purpose or Effect {¶ 34} Secondly, under Hudson , even in those cases where the legislature has indicated an intention to establish a civil penalty, courts have inquired further to find "whether the statutory scheme was so punitive in purpose or effect as to transform what was clearly intended to be a civil remedy into a criminal penalty." (Citations omitted.) Martello . {¶ 35} "Only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty." Id. at ¶ 20, quoting Hudson , 522 U.S. at 99 , 118 S.C

12
State v. Evansgreen
ohioctapp · 1998 · cited in 2 Ohio opinions naming this issue, 2006–2013
2 sentences

2013The trial court erred by failing to grant Reed's motion to suppress any evidence that stemmed from his illegal detainment. {¶12} In reaching this conclusion, the Reed court at ¶ 10-11 quoted "a list of factors collected from various cases which may be considered by a court in determining whether an officer had reasonable suspicion to administer field sobriety tests under the totality of the circumstances" from State v. Evans, 127 Ohio App.3d 56, fn. 2 (11th Dist.1998): "(1) the time of day of the stop (Friday or Saturday night as opposed to, e.g., Tuesday morning); (2) the location of the stop

2006In State v. Evans (1998), 127 Ohio App.3d 56 , the Eleventh District noted a list of factors collected from various cases which may be considered by a court in determining whether an officer had reasonable suspicion to administer field sobriety tests under the totality of the circumstances: {¶ 11} "(1) the time of day of the stop (Friday or Saturday night as opposed to, e.g., Tuesday morning); (2) the location of the stop (whether near establishments selling alcohol); (3) any indicia of erratic driving before the stop that may indicate a lack of coordination (speeding, weaving, unusual braking

12
Layne v. Laynegreen
ohioctapp · 1992 · cited in 2 Ohio opinions naming this issue, 1994–2008
2 sentences

2008Layne v. Layne (1992), 83 Ohio App.3d 559 , 562-563 .

1994See Layne v. Layne (1992), 83 Ohio App.3d 559 , 615 N.E.2d 332 .

12
State v. Corradettigreen
· 2022 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“To achieve those purposes, the sentencing court shall consider the impact of the offense upon the victim and the need for changing the offender’s behavior, rehabilitating the offender, and making restitution to the victim of the offense, the public, or the victim and the public.” R.C. 2929.21(B) directs a trial court to impose a misdemeanor sentence that is reasonably calculated to achieve the two overriding purposes of misdemeanor sentencing “commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact upon the victim, and consistent with sentences imposed

11
State v. Fromknechtgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“To achieve those purposes, the sentencing court shall consider the impact of the offense upon the victim and the need for changing the offender’s behavior, rehabilitating the offender, and making restitution to the victim of the offense, the public, or the victim and the public.” R.C. 2929.21(B) directs a trial court to impose a misdemeanor sentence that is reasonably calculated to achieve the two overriding purposes of misdemeanor sentencing “commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact upon the victim, and consistent with sentences imposed

11
State v. Pippertgreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2025–2025
2 sentences

2025R.C. 3 2929.22(B)(1) also outlines a list of factors courts must consider in determining the appropriate sentence for a misdemeanant. {¶7} “While it is preferable that the trial court state on the record that it has considered the statutory criteria [set forth in R.C. 2929.21 and 2929.22], the [Revised Code] imposes no requirement that it do so.” State v. Pippert, 2016-Ohio-1352, ¶ 23 (9th Dist.), quoting Cuyahoga Falls v. Bradley, 2004-Ohio-4583, ¶ 7 (9th Dist.).

2025R.C. 3 2929.22(B)(1) also outlines a list of factors courts must consider in determining the appropriate sentence for a misdemeanant. {¶7} “While it is preferable that the trial court state on the record that it has considered the statutory criteria [set forth in R.C. 2929.21 and 2929.22], the [Revised Code] imposes no requirement that it do so.” State v. Pippert, 2016-Ohio-1352, ¶ 23 (9th Dist.), quoting Cuyahoga Falls v. Bradley, 2004-Ohio-4583, ¶ 7 (9th Dist.).

11
City of Cuyahoga Falls v. Bradley, Unpublished Decision (9-1-2004)green
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2025–2025
2 sentences

2025R.C. 3 2929.22(B)(1) also outlines a list of factors courts must consider in determining the appropriate sentence for a misdemeanant. {¶7} “While it is preferable that the trial court state on the record that it has considered the statutory criteria [set forth in R.C. 2929.21 and 2929.22], the [Revised Code] imposes no requirement that it do so.” State v. Pippert, 2016-Ohio-1352, ¶ 23 (9th Dist.), quoting Cuyahoga Falls v. Bradley, 2004-Ohio-4583, ¶ 7 (9th Dist.).

2025R.C. 3 2929.22(B)(1) also outlines a list of factors courts must consider in determining the appropriate sentence for a misdemeanant. {¶7} “While it is preferable that the trial court state on the record that it has considered the statutory criteria [set forth in R.C. 2929.21 and 2929.22], the [Revised Code] imposes no requirement that it do so.” State v. Pippert, 2016-Ohio-1352, ¶ 23 (9th Dist.), quoting Cuyahoga Falls v. Bradley, 2004-Ohio-4583, ¶ 7 (9th Dist.).

11
State v. Hillgreen
ohio · 1994 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
State v. Bryantgreen
· 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025State v. Bryant, 2024-Ohio-1192, ¶ 32 (2d Dist.). {¶ 17} R.C. 2929.11 and R.C. 2929.12 are not fact-finding statutes, and while the sentencing court must “consider” the factors, it is not required to make specific findings on the record regarding its consideration of the factors.

11
Krill v. Krillgreen
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“The trial court ‘has discretion in determining which factors are relevant,’ and ‘each factor may not necessarily carry the same weight or have the same relevance, depending upon the facts before the trial court.’” Krill v. Krill, 2014-Ohio-2577, ¶ 29 (3d Dist.), quoting Brammer v. Brammer, 2013-Ohio-2843, ¶ 41 (3d Dist.).

11
Brammer v. Brammergreen
ohioctapp · 2013 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“The trial court ‘has discretion in determining which factors are relevant,’ and ‘each factor may not necessarily carry the same weight or have the same relevance, depending upon the facts before the trial court.’” Krill v. Krill, 2014-Ohio-2577, ¶ 29 (3d Dist.), quoting Brammer v. Brammer, 2013-Ohio-2843, ¶ 41 (3d Dist.).

11
Chubb v. Ohio Bureau of Workers' Compensationgreen
ohio · 1998 · cited in 1 Ohio opinions naming this issue, 2023–2023
11
Schmidt v. Avco Corp.green
ohio · 1984 · cited in 1 Ohio opinions naming this issue, 2021–2021
11
MTD Products, Inc. v. Robatingreen
ohio · 1991 · cited in 1 Ohio opinions naming this issue, 2021–2021
11
State v. Cuthbertsongreen
ohioctapp · 2000 · cited in 1 Ohio opinions naming this issue, 2011–2011
11
Elwert v. Pilot Life Insurancegreen
ohioctapp · 1991 · cited in 1 Ohio opinions naming this issue, 1996–1996
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 (57)

CaseCitedYears
State v. McNeil green
ohioctapp · 2001
2 sentences

2017Athens No. 08CA31, 2009-Ohio-4992 , 2009 WL 3042045 , ¶ 7 ; quoting State v. McNeil , 146 Ohio App.3d 173 , 176, 765 N.E.2d 884 (1st Dist. 2001).

2011Furthermore, “[w]hen applying the abuse of discretion standard, a reviewing court is not free to merely substitute its judgment for that of the trial court.” In re Jane Doe 1 (1991), 57 Ohio St.3d 135, 137-138 , 566 N.E.2d 1181 . {13} We have set forth a list of factors that we consider when determining whether a trial court abused its discretion by denying a presentence motion to withdraw a plea: “‘(1) whether the accused was represented by highly competent counsel, (2) whether the accused was given a full Crim.R. 11 hearing before entering the plea, (3) whether a full hearing was held on the

72011–2017
Duncan v. Village of Middlefield green
ohio · 1986
2 sentences

2000The Supreme Court set forth a list of factors to aid in the determination of whether "practical difficulties" exist: "* * * (1) whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; (2) whether the variance is substantial; (3) whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; (4) whether the variance would adversely affect the delivery of governmental services * * *; (5) whet

1999The Supreme Court has set forth a list of factors to aid in the determination of whether "practical difficulties" exist: "* * * (1) whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; (2) whether the variance is substantial; (3) whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; (4) whether the variance would adversely affect the delivery of governmental services * * *; (5)

41999–2005
Friebel v. Visiting Nurse Assn. of Mid-Ohio (Slip Opinion) green
ohio · 2014
2 sentences

2022“This list of factors is not exhaustive * * * and an employee may fail to establish one or more of these three factors and still be able to establish the requisite causal connection.” Friebel, 142 Ohio St.3d 425 , 2014-Ohio-4531 , 32 N.E.3d 413, ¶ 14 , citing Fisher at 279, fn. 2 ; Ruckman, 81 Ohio St.3d at 122 , 689 N.E.2d 917 .

2022“This list of factors is not exhaustive * * * and an employee may fail to establish one or more of these three factors and still be able to establish the requisite causal connection.” Friebel, 142 Ohio St.3d 425 , 2014-Ohio-4531 , 32 N.E.3d 413, ¶ 14 , citing Fisher at 279, fn. 2 ; Ruckman, 81 Ohio St.3d at 122 , 689 N.E.2d 917 .

32017–2022
Kennedy v. Mendoza-Martinez green
scotus · 1963
2 sentences

1998The list of factors in Kennedy v. Mendoza-Martinez (1963), 372 U.S. 144 , while not exhaustive or dispositive, provides guidance in making this determination.

1991When employing this second prong, the court in both Ward and One Assor tment of Firearms used a list of factors first enunciated in Kennedy v. Mendoza-Martinez (1963), 372 U.S. 144, 168-169 .

31991–2017
In re Jane Doe 1 green
ohio · 1991
2 sentences

2013Furthermore, “[w]hen applying the abuse of discretion standard, a reviewing court is not free to merely substitute its judgment for that of the trial court.” In re Jane Doe 1, 57 Ohio St.3d 135, 137-138 , 566 N.E.2d 1181 (1991). {¶ 17} We have set forth a list of factors that we consider when determining whether a trial court abused its discretion by denying a presentence motion to withdraw a plea: “ ‘(1) whether the accused was represented by highly competent counsel, (2) whether the accused was given a full Crim.R. 11 hearing before entering the plea, (3) whether a full hearing was held on t

2013Furthermore, “[w]hen applying the abuse of discretion standard, a reviewing court is not free to merely substitute its judgment for that of the trial court.” In re Jane Doe 1, 57 Ohio St.3d 135, 137-138 , 566 N.E.2d 1181 (1991). {¶ 17} We have set forth a list of factors that we consider when determining whether a trial court abused its discretion by denying a presentence motion to withdraw a plea: “ ‘(1) whether the accused was represented by highly competent counsel, (2) whether the accused was given a full Crim.R. 11 hearing before entering the plea, (3) whether a full hearing was held on t

32011–2013
Bunten v. Bunten green
ohioctapp · 1998
2 sentences

2011Bunten v. Bunten -18- Case No. 13-10-39 (1998), 126 Ohio App.3d 443, 447 , 710 N.E.2d 757 , citing Masitto v. Masitto (1986), 22 Ohio St.3d 63 , 488 N.E.2d 857 . {¶34} In this case, the trial court provided an analysis of the evidence adduced at trial, applying that evidence to each and every factor in R.C. 3109.04, setting forth in precise detail its reasons for reallocating parental rights.

2011Bunten v. Bunten -18- Case No. 13-10-39 (1998), 126 Ohio App.3d 443, 447 , 710 N.E.2d 757 , citing Masitto v. Masitto (1986), 22 Ohio St.3d 63 , 488 N.E.2d 857 . {¶34} In this case, the trial court provided an analysis of the evidence adduced at trial, applying that evidence to each and every factor in R.C. 3109.04, setting forth in precise detail its reasons for reallocating parental rights.

32009–2011
Masitto v. Masitto green
ohio · 1986
2 sentences

2011Bunten v. Bunten -18- Case No. 13-10-39 (1998), 126 Ohio App.3d 443, 447 , 710 N.E.2d 757 , citing Masitto v. Masitto (1986), 22 Ohio St.3d 63 , 488 N.E.2d 857 . {¶34} In this case, the trial court provided an analysis of the evidence adduced at trial, applying that evidence to each and every factor in R.C. 3109.04, setting forth in precise detail its reasons for reallocating parental rights.

2011Bunten v. Bunten -18- Case No. 13-10-39 (1998), 126 Ohio App.3d 443, 447 , 710 N.E.2d 757 , citing Masitto v. Masitto (1986), 22 Ohio St.3d 63 , 488 N.E.2d 857 . {¶34} In this case, the trial court provided an analysis of the evidence adduced at trial, applying that evidence to each and every factor in R.C. 3109.04, setting forth in precise detail its reasons for reallocating parental rights.

32009–2011
Reed v. Reed green
ohioctapp · 2023
2 sentences

2025Additionally, “[d]uring the pendency of any divorce * * * the court may award reasonable temporary spousal support to either party.” Id. {¶62} R.C. 3105.18(C)(1) contains a list of factors to be considered by a court in determining whether spousal support should be ordered, and provides: In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors: (a) The income of the parties, from all

2024Reed, supra, at ¶ 42 . {¶33} In the instant case, the magistrate’s decision contains the following findings and recommendation with regard to spousal support, also adopted and incorporated into the trial court’s final judgment: Considering Husband’s and Wife’s income, after tax, and guideline child support, a disparity in income between the Parties equals $20,216.29.

22024–2025
State ex rel. Davis v. Public Employees Retirement Board green
ohio · 2006
2 sentences

2021Bd., 111 Ohio St.3d 118 , 2006- Ohio-5339, ¶ 28, quoting Schmidt v. Avco Corp., 15 Ohio St.3d 310, 313 (1984). {¶ 17} Civ.R. 23(B)(3) sets forth a list of factors "pertinent" to both the predominance and superiority findings required under Civ.R. 23(B)(3): (1) "the class members' interests in individually controlling the prosecution or defense of separate actions"; (2) "the extent and nature of any litigation concerning the controversy already begun by or against class members"; (3) "the desirability or undesirability of concentrating the litigation of the claims in the particular forum"; and

2018"The list in the rule is not exhaustive, so other pertinent factors may be considered." Davis , 111 Ohio St.3d 118 , 2006-Ohio-5339 , 855 N.E.2d 444 , at ¶ 28. {¶ 62} As we recognized before, there are a number of standards that the courts have used to determine predominance: the substantive elements of class members' claims require the same proof for each class member; the proposed class is bound together by a mutual interest in resolving common questions more than it is divided by individual interests; the resolution of an issue common to the class would significantly advance the litigation;

22018–2021
State v. Calhoun green
ohio · 1999
2 sentences

2003Calhoun , 86 Ohio St.3d at 285 .

2001Calhoun, 86 Ohio St.3d at 285 .

22001–2003
State v. Thompson green
ohio · 2001
2 sentences

2002State v. Thompson (2001), 92 Ohio St.3d 584 , 752 N.E.2d 276 , 2001-Ohio-1288 .

2002Id.

22002–2002
State v. Reynolds green
ohio · 1998
2 sentences

2000In Reynolds, 80 Ohio St.3d at 684 , 687 N.E.2d at 1372 , this court focused on several factors to find that the defendant was not prejudiced, stating, “A court’s error in failing to ask a defendant if he wants to make a statement prior to sentencing is not prejudicial where, as here, the defendant makes an unsworn statement in the penalty phase, sends a letter to the trial court, and where defense counsel makes a statement on behalf of the defendant.” Obviously, the list of factors in Reynolds is not an exhaustive one, and that case illustrates that prejudice on this issue must be determined o

2000In Reynolds, 80 Ohio St.3d at 684 , 687 N.E.2d at 1372 , this court focused on several factors to find that the defendant was not prejudiced, stating, “A court’s error in failing to ask a defendant if he wants to make a statement prior to sentencing is not prejudicial where, as here, the defendant makes an unsworn statement in the penalty phase, sends a letter to the trial court, and where defense counsel makes a statement on behalf of the defendant.” Obviously, the list of factors in Reynolds is not an exhaustive one, and that case illustrates that prejudice on this issue must be determined o

22000–2000
State v. Davis green
ohioctapp · 2025
1 sentence

2026Id. {¶ 29} R.C. 2929.12 contains a list of factors to be considered by the trial court when imposing a sentence under R.C. 2929.11, underscoring that a court imposing a sentence on an offender for a felony has discretion to determine the most effective way to comply with the purposes and principles of sentencing.

12026–2026
Neil v. Biggers green
scotus · 1972
12025–2025
Schwieterman v. Schwieterman green
ohioctapp · 2020
12024–2024
State v. Reed, Unpublished Decision (12-19-2006) green
ohioctapp · 2006
12024–2024
Sivertsen-Kuhn v. Kuhn neutral
ohioctapp · 2019
12024–2024
In re A.M. (Slip Opinion) green
ohio · 2020
12023–2023
Briganti v. Briganti green
ohio · 1984
12021–2021
Moell v. Moell green
ohioctapp · 1994
12021–2021
State v. Evans, Unpublished Decision (11-7-2007) neutral
ohioctapp · 2007
12021–2021
Hoffman v. Gallia Cnty. Sheriff's Office green
ohioctapp · 2017
12020–2020
Cichanowicz v. Cichanowicz green
ohioctapp · 2013
12020–2020
Ohio Casualty Ins. v. Travelers Indemnity Co. green
ohio · 1975
12019–2019
State v. Burris green
ohioctapp · 2013
12019–2019
In Re B.C. green
ohio · 2014
12018–2018
State v. Adams green
ohio · 1980
12017–2017
State v. Becraft green
ohioctapp · 2017
12017–2017
State v. Coleman neutral
ohioctapp · 2017
12017–2017
State v. Hoke green
ohioctapp · 2011
12017–2017
State v. Funk, Unpublished Decision (4-27-2006) green
ohioctapp · 2006
12017–2017
Industrial Commission v. Henry green
ohio · 1932
12016–2016
Thomas v. Thomas green
ohioctapp · 2007
12015–2015
State v. Darmond green
ohio · 2013
12014–2014
Lombardo v. Ohio Bureau of Employment Services green
ohioctapp · 1997
12014–2014
State v. Arnett green
ohio · 2000
12013–2013
State v. Fish green
ohioctapp · 1995
12011–2011
Rohde v. Farmer green
ohio · 1970
12010–2010
Lord v. Daugherty green
ohio · 1981
12010–2010
Calame v. Treece, 07ca0073 (9-30-2008) neutral
ohioctapp · 2008
12010–2010

Statutes the citing opinions construe

OH § Ohio Rev. Code § 4123.01 (9) OH § Ohio Rev. Code § 3105.171 (7) OH § Ohio Rev. Code § 2929.14 (6) OH § Ohio Rev. Code § 3105.18 (6) OH § Ohio Rev. Code § 2929.11 (5) OH § Ohio Rev. Code § 2941.145 (5) OH § Ohio Rev. Code § 2953.08 (5) OH § Ohio Rev. Code § 3109.04 (5) OH § Ohio Rev. Code § 4123.95 (5) OH § Ohio Rev. Code § 2901.01 (4) OH § Ohio Rev. Code § 2911.01 (4) OH § Ohio Rev. Code § 4511.21 (4)

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 255 (1933–2025) TN 143 (1997–2026) CA 133 (1975–2026) IL 104 (1978–2026) OH 104 (1975–2026) MI 68 (1983–2026) PA 67 (1959–2026) MS 55 (1986–2025) LA 43 (1978–2026) WA 37 (1986–2024) UT 32 (1987–2025) OR 31 (1905–2025) MN 30 (1978–2025) MD 30 (1981–2025) IN 30 (1979–2026) WI 29 (1999–2023) CO 27 (1977–2026) NY 26 (1969–2025) AL 26 (1976–2025) KS 25 (1989–2025) FL 23 (1977–2025) MA 22 (1980–2020) ID 22 (1985–2026) IA 21 (1992–2026) NJ 20 (1983–2025) SC 16 (2008–2022) NV 16 (2009–2020) DC 16 (1980–2017) KY 15 (1968–2026) ME 15 (2004–2026) SD 15 (1990–2026) MO 14 (1975–2025) NC 14 (1984–2017) AK 13 (1972–2020) OK 13 (1986–2023) WY 12 (1989–2025) NE 12 (1999–2024) AZ 12 (1986–2025) WV 11 (1994–2024) MT 11 (1994–2010) CT 11 (1996–2025) AR 10 (1993–2015) NM 10 (1983–2024) VA 10 (1990–2017) ND 9 (1981–2021) GA 9 (1985–2024) RI 9 (1992–2023) VT 8 (1984–2016) NH 6 (2019–2023) DE 5 (1987–2025) VI 3 (2009–2025) HI 2 (2003–2014)

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.

← Caselaw search · G Cite Topics · Brief Check