15 Ohio opinions name it 2 courts 1909–2017 0 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.
| Case | Followed | Cited |
|---|---|---|
Mills v. Whitehouse Trucking Co.green2 sentences2001Mills , 40 Ohio St.2d at 55 (stating and noting that the only reason for allowing a prepleading motion to dismiss based on the statute of limitations is to avoid the unnecessary delay of filing an answer when the violation is clear on the face of the complaint). 1984Mills v. Whitehouse Trucking Co. (1974), 40 Ohio St. 2d 55 [ 69 O.O.2d 350 ]. | 1 | 2 |
City of Ladue v. Gilleogreen2 sentences1995Ladue v. Gilleo, 512 U.S. at —, 114 S.Ct. at 2047-2048 , 129 L.Ed.2d at 50 (O’Connor, J., concurring). 1995Ladue v. Gilleo, 512 U.S. at —, 114 S.Ct. at 2047-2048 , 129 L.Ed.2d at 50 (O’Connor, J., concurring). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Manross
green
2 sentences2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. 2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. | 3 | 1993–2010 |
State v. Gillard
green
2 sentences2010Id. at 312 , 595 N.E.2d at 883 . 2010Id. at 312 , 595 N.E.2d at 883 . | 3 | 1993–2010 |
Giles v. Land
neutral
2 sentences2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. 1998State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” Thus, the first level of the analysis requires a trial court to inquire whether a conflict of interest actually exists if the court knows or reasonably should know of an attorney’s possible conflict of interest in the representation of a person charged with a crime. | 3 | 1993–2010 |
East v. Lockhart
neutral
2 sentences2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. 1998State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” Thus, the first level of the analysis requires a trial court to inquire whether a conflict of interest actually exists if the court knows or reasonably should know of an attorney’s possible conflict of interest in the representation of a person charged with a crime. | 3 | 1993–2010 |
McDonald v. Yellow Cab Metro, Inc.
neutral
2 sentences2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. 1998State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” Thus, the first level of the analysis requires a trial court to inquire whether a conflict of interest actually exists if the court knows or reasonably should know of an attorney’s possible conflict of interest in the representation of a person charged with a crime. | 3 | 1993–2010 |
Smith v. Wright
green
1 sentence2017This does not affect the court’s right to determine the eviction action at the original hearing.’” {¶16} Further, the Eighth District in Smith, supra, stated: {¶17} “To consider an adjudication in an eviction proceeding as an interlocutory order until the eventual disposition of companion civil proceedings for damages would all but destroy the summary nature of forcible entry and detainer. | 1 | 2017–2017 |
State v. Howard
green
2 sentences2011II The court erred when it responded to a question from the jury with an answer in violation of the principles set forth in State v. Howard and compounded that error by failing to review the question and answer with counsel. {¶ 26} In his second assignment of error, Smith argues that the trial court erred when it responded to a jury question without giving the appropriate supplemental instruction to the jury as required by the Ohio Supreme Court in State v. Howard (1989), 42 Ohio St.3d 18 , 537 N.E.2d 188 (“Howard instruction”). 2011II The court erred when it responded to a question from the jury with an answer in violation of the principles set forth in State v. Howard and compounded that error by failing to review the question and answer with counsel. {¶ 26} In his second assignment of error, Smith argues that the trial court erred when it responded to a jury question without giving the appropriate supplemental instruction to the jury as required by the Ohio Supreme Court in State v. Howard (1989), 42 Ohio St.3d 18 , 537 N.E.2d 188 (“Howard instruction”). | 1 | 2011–2011 |
Buckles v. Buckles
green
2 sentences2011No. C-010309, 2002-Ohio-3136 ; Kaminski; Buckles v. Buckles (1988), 46 Ohio App.3d 102, 116 , 546 N.E.2d 950 . {¶45} Based on the foregoing, and the fact that this was an uncontested divorce to which Appellant had not filed an answer to challenge grounds, we find that the trial court did not err in granting the divorce on the grounds of extreme cruelty and gross neglect. {¶46} Appellant’s first assignment of error is overruled. 2011No. C-010309, 2002-Ohio-3136 ; Kaminski; Buckles v. Buckles (1988), 46 Ohio App.3d 102, 116 , 546 N.E.2d 950 . {¶45} Based on the foregoing, and the fact that this was an uncontested divorce to which Appellant had not filed an answer to challenge grounds, we find that the trial court did not err in granting the divorce on the grounds of extreme cruelty and gross neglect. {¶46} Appellant’s first assignment of error is overruled. | 1 | 2011–2011 |
State v. Walker
green
2 sentences2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. 2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. | 1 | 2010–2010 |
State v. Ingol
green
2 sentences2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. 2010State v. Manross (1988), 40 Ohio St.3d 180 , 532 N.E.2d 735 , syllabus, certiorari denied (1989), 490 U.S. 1083 , 109 S.Ct. 2106 , 104 L.Ed.2d 667 .” State v. Walker (1998), 130 Ohio App.3d 247, 251 , 719 N.E.2d 1042 , quoting State v. Ingot (1993), 89 Ohio App.3d 45, 48 , 623 N.E.2d 598 . {¶ 6} In this case, the question of a potential conflict of interest was raised by defense counsel to the trial court, so the trial court and defense counsel were aware of the potential conflict. | 1 | 2010–2010 |
Frayne v. Client Servs., Inc., 21758 (9-21-2007)
neutral
1 sentence2008Frayne v. Client Serv., Inc. , Montgomery App. No. 21758, 2007-Ohio-4893 . | 1 | 2008–2008 |
Hughes v. George F. & Mary A. Robinson Memorial Portage County Hospital
green
2 sentences2007Hughes v. Robinson Memorial Portage Cty Hosp . (1984), 16 Ohio App.3d 80 , 16 OBR 85 , 474 N.E.2d 638 , at paragraph one of the syllabus. {¶ 15} We agree with Appellant her letter of March 18, 2005 to Client clearly implies that Client continued to make collection calls to her after January 11, 2005, the date the statute of limitations expired. 2007Hughes v. Robinson Memorial Portage Cty Hosp . (1984), 16 Ohio App.3d 80 , 16 OBR 85 , 474 N.E.2d 638 , at paragraph one of the syllabus. {¶ 15} We agree with Appellant her letter of March 18, 2005 to Client clearly implies that Client continued to make collection calls to her after January 11, 2005, the date the statute of limitations expired. | 1 | 2007–2007 |
State ex rel. Midwest Pride IV, Inc. v. Pontious
green
2 sentences2007Midwest Pride IV, Inc. v. Pontious (1996), 75 Ohio St.3d 565 , 570 , 664 N.E.2d 931 . {¶ 14} A motion for judgment on the pleadings based upon a violation of the statute of limitations is permissible and timely when it is filed prior to the filing date of an answer and the bar of the statute is obvious from the face of the complaint. 2007Midwest Pride IV, Inc. v. Pontious (1996), 75 Ohio St.3d 565 , 570 , 664 N.E.2d 931 . {¶ 14} A motion for judgment on the pleadings based upon a violation of the statute of limitations is permissible and timely when it is filed prior to the filing date of an answer and the bar of the statute is obvious from the face of the complaint. | 1 | 2007–2007 |
State v. Tudor
green
1 sentence1958It is argued by the appellee that the case of State v. Tudor, 154 Ohio St., 249 , 95 N. E. (2d), 385, is decisive of this question. | 1 | 1958–1958 |
Wehnes v. Schliewe
neutral
1 sentence1936Wehnes v Schliewe, 47 Oh Ap 452, 17 Abs 141 . | 1 | 1936–1936 |
Hanna v. Stoll
green
1 sentence1935(Hanna v Stoll, 112 Oh St, 344, 147 NE, 339 , approved and followed).” *393 The court did not abuse its discretion in refusing the filing of the amended answer as the defense of contributory negligence could have been properly presented to the jury under the existing pleadings. | 1 | 1935–1935 |
Munn v. Illinois
green
1 sentence1909The answer to this claim is very well expressed by the Supreme Court of the United States, speaking through Chief Justice Waite, in Munn v. Illinois, 94 U. S., 113 , 126: “Property-does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. | 1 | 1909–1909 |
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.
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.