double inquiry (Ohio) · Go Syfert
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double inquiry in Ohio

15 Ohio opinions name it 2 courts 1985–2022 1 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 (2)

CaseFollowedCited
Barker v. Wingogreen
scotus · 1972 · cited in 7 Ohio opinions naming this issue, 2005–2019
2 sentences

2019Id. {¶11} The United States Supreme Court has recognized that the first factor, length of the delay, involves a double inquiry.

2016Barker v. Wingo, 407 U.S. 514, 530 (1972). {¶ 20} We first note that appellant meets the third prong of the Barker standard because he has repeatedly and clearly raised his speedy trial challenges through the course of proceedings in the trial court. {¶ 21} The first Barker factor, the length of delay, requires a double inquiry: the defendant must first make a threshold showing of presumptively prejudicial delay to trigger further analysis, and a court must then consider the length of delay in conjunction No. 15AP-920 8 with the other Barker factors.

17
Ressler v. Resslergreen
ohio · 1985 · cited in 1 Ohio opinions naming this issue, 1990–1990
1 sentence

1990See also, Ressler v. Ressler (1985), 17 Ohio St. 3d 17 .

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 (7)

CaseCitedYears
Doggett v. United States green
scotus · 1992
2 sentences

2018Length of the Delay {¶32} “The United States Supreme Court has recognized that the first factor, length of the delay, involves a double inquiry.” State v. Spencer, 2017-Ohio-456 , 84 N.E.3d 106 , ¶ 31 (4th Dist.), citing Doggett v. United States, 505 U.S. 647, 651 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992).

2018Length of the Delay {¶32} “The United States Supreme Court has recognized that the first factor, length of the delay, involves a double inquiry.” State v. Spencer, 2017-Ohio-456 , 84 N.E.3d 106 , ¶ 31 (4th Dist.), citing Doggett v. United States, 505 U.S. 647, 651 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992).

112001–2019
State v. Baker, Unpublished Decision (10-11-2007) green
ohioctapp · 2007
1 sentence

2022Cuyahoga No. 88665, 2007-Ohio-5450, ¶ 12 , suppressions are also “to protect the integrity of the court and its proceedings.” Courts accomplish this by 3 The Stanford Open Policing Project found that black and Hispanic drivers were often searched on the basis of less suspicion than white drivers, a double standard that is evidence of discrimination (the data set includes millions of stops across multiple states, including Ohio). https://slate.com/technology/2017/06/statistical-analysis-of-data- from-20-states-suggests-evidence-of-racially-biased-policing.html; https://openpolicing.stanford.edu

12022–2022
State v. Miller, Unpublished Decision (2-10-2005) green
ohioctapp · 2005
1 sentence

2016Doggett v. United States, 505 U.S. 647 (1992); Miller, 2005-Ohio-518, at ¶ 11 .

12016–2016
Roseman v. Firemen & Policemen's Death Benefit Fund green
ohio · 1993
2 sentences

2001Government is instituted for their equal protection and benefit * * *.” “In determining whether a statute is unconstitutional because it violates the right to equal protection, we first must examine the class distinction drawn to decide if a suspect class or a fundamental right is involved.” Roseman v. Firemen & Policemen’s Death Benefit Fund (1993), 66 Ohio St.3d 443, 447 , 613 N.E.2d 574 ; State ex rel.

2001Government is instituted for their equal protection and benefit * * *.” “In determining whether a statute is unconstitutional because it violates the right to equal protection, we first must examine the class distinction drawn to decide if a suspect class or a fundamental right is involved.” Roseman v. Firemen & Policemen’s Death Benefit Fund (1993), 66 Ohio St.3d 443, 447 , 613 N.E.2d 574 ; State ex rel.

12001–2001
Stevens v. Stevens green
ohio · 1986
1 sentence

1990In Stevens , the Supreme Court stated: "*** the award was made subject to automatic termination in the event that appellant lived 'in a state of concubinage' and because the trial court did not retain any jurisdiction to modify the award had this occurred, it was error to limit the award in this manner. *** " Furthermore, we note the dissenting opinion of Justice Douglas in Stevens, supra, which concurred on this point, and stated: "[Rlestitution should certainly bear no relationship to archaic requirements of chastity, particularly since such requirements have never been applied to men....Thi

11990–1990
Paugh & Farmer, Inc. v. Menorah Home for Jewish Aged green
ohio · 1984
1 sentence

1985If the majority of this court would overrule Jones v. Murphy, supra, and Paugh & Farmer, Inc. v. Menorah Home for Jewish Aged (1984), 15 Ohio St. 3d 44 , thus eradicating the bad law contained therein, I would join those who dissent today pertaining to the judgment excluding the testimony of appellee’s sole expert witness.

11985–1985
Jones v. Murphy green
ohio · 1984
1 sentence

1985If the majority of this court would overrule Jones v. Murphy, supra, and Paugh & Farmer, Inc. v. Menorah Home for Jewish Aged (1984), 15 Ohio St. 3d 44 , thus eradicating the bad law contained therein, I would join those who dissent today pertaining to the judgment excluding the testimony of appellee’s sole expert witness.

11985–1985

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2945.71 (5) OH § Ohio Rev. Code § 2945.72 (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 35 (1970–2026) CA 21 (1943–2016) KS 20 (1992–2026) PA 19 (1898–2026) OH 15 (1985–2022) NY 13 (1909–2024) WA 9 (1967–2014) NJ 8 (1890–2018) IL 7 (1966–2022) MO 6 (1984–2009) LA 6 (1908–2016) MT 5 (1929–2010) GA 5 (1962–2015) FL 5 (1970–1997) WV 5 (1913–2006) IN 4 (1956–2019) OR 4 (1972–1977) OK 4 (2022–2023) MI 4 (1969–1990) DC 3 (1979–2013) AK 3 (1971–1993) HI 2 (1966–2026) UT 2 (1995–2021) CO 2 (2003–2014) VT 2 (2018–2024) AL 2 (1995–2000) IA 2 (1964–1973) AR 2 (1916–1979) MN 2 (1981–1989) SD 2 (1992–1993) ND 2 (1998–2014) MD 2 (1969–2001)

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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