omitted requirement (Ohio) · Go Syfert
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omitted requirement in Ohio

15 Ohio opinions name it 3 courts 1985–2023 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 (1)

CaseFollowedCited
State v. Paytongreen
ohioctapp · 1997 · cited in 1 Ohio opinions naming this issue, 2023–2023
2 sentences

2023See Brown at ¶ 65; see also State v. Payton, 119 Ohio App.3d 694, 704 , 696 N.E.2d 240 (11th Dist.1997) (“[w]here there exist reasonable grounds for filing a motion to suppress, counsel’s failure to file the motion may constitute ineffective assistance and warrant reversal.”). 8 OHIO FIRST DISTRICT COURT OF APPEALS {¶20} M.D. argues that he unambiguously requested an attorney.

2023See Brown at ¶ 65; see also State v. Payton, 119 Ohio App.3d 694, 704 , 696 N.E.2d 240 (11th Dist.1997) (“[w]here there exist reasonable grounds for filing a motion to suppress, counsel’s failure to file the motion may constitute ineffective assistance and warrant reversal.”). 8 OHIO FIRST DISTRICT COURT OF APPEALS {¶20} M.D. argues that he unambiguously requested an attorney.

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 (11)

CaseCitedYears
Renner v. Tuscarawas County Board of Revision neutral
ohio · 1991
2 sentences

1999Bd. of Revision (1991), 59 Ohio St.3d 142 , 144 : If the omitted requirement runs to the core of procedural efficiency, then the requirement is essential, the omission is not substantial compliance with the statute, and the appeal is to be dismissed.

1998Bd. of Revision (1991), 59 Ohio St.3d 142 , 572 N.E.2d 56 , a property valuation case, this court explained the Akron Standard decision: “If the omitted requirement runs to the core of procedural efficiency, then the requirement is essential, the omission is not substantial compliance with the Statute, and the appeal is to be dismissed.” Renner, 59 Ohio St.3d at 144 , 572 N.E.2d at 57 .

61998–2005
Akron Standard Division of Eagle-Picher Industries, Inc. v. Lindley green
ohio · 1984
2 sentences

2005Id. at 12 . {¶ 15} In explaining the core of procedural efficiency standard, the the Ohio Supreme Court subsequently held: "If the omitted requirement runs to the core of procedural efficiency, then the requirement is essential, the omission is not substantial compliance with the statute, and the appeal is to be dismissed." Renner v. Tuscarawas Cty.

1993In Akron Standard Div. v. Lindley (1984), 11 Ohio St.3d 10 , 11 OBR 9, 462 N.E.2d 419 , the Ohio Supreme Court held that if an omitted requirement in a reassessment petition runs to the core of procedural efficiency, the appeal is to be dismissed because substantial compliance with the requirements of the applicable statute has not taken place.

21993–2005
Scioto Bank v. Columbus Union Stock Yards green
ohioctapp · 1963
2 sentences

2020Stark County, Case No. 2019CA00180 21 28, 1980), citing Scioto Bank v. Columbus Union Stock Yards, 120 Ohio App. 55, 59 , 201 N.E.2d 227 (10th Dist. 1963). {¶48} Without a complete record of the hearing in the trial court, we presume that the omitted hearing that occurred prior to the start of trial on October 17, 2019 supports the trial court’s decision.

2020Stark County, Case No. 2019CA00180 21 28, 1980), citing Scioto Bank v. Columbus Union Stock Yards, 120 Ohio App. 55, 59 , 201 N.E.2d 227 (10th Dist. 1963). {¶48} Without a complete record of the hearing in the trial court, we presume that the omitted hearing that occurred prior to the start of trial on October 17, 2019 supports the trial court’s decision.

12020–2020
State v. Johnson, Unpublished Decision (10-2-2006) neutral
ohioctapp · 2006
1 sentence

2007A mistrial should not be granted `merely because some minor error or irregularity has arisen.' Id., citing State v. Reynolds (1988), 49 Ohio App.3d 27 , 33." State v. Johnson , Butler App. No. CA2005-10-422, 2006-Ohio-5195 , at ¶ 36 . {¶ 130} Here, appellant failed to raise a timely objection to the omitted instruction as required under Crim.R. 30(A) and, therefore, is deemed to have waived all but plain error.

12007–2007
State v. Reynolds green
ohioctapp · 1988
1 sentence

2007A mistrial should not be granted `merely because some minor error or irregularity has arisen.' Id., citing State v. Reynolds (1988), 49 Ohio App.3d 27 , 33." State v. Johnson , Butler App. No. CA2005-10-422, 2006-Ohio-5195 , at ¶ 36 . {¶ 130} Here, appellant failed to raise a timely objection to the omitted instruction as required under Crim.R. 30(A) and, therefore, is deemed to have waived all but plain error.

12007–2007
State v. Franklin green
ohio · 1991
1 sentence

2007A mistrial should not be granted `merely because some minor error or irregularity has arisen.' Id., citing State v. Reynolds (1988), 49 Ohio App.3d 27 , 33." State v. Johnson , Butler App. No. CA2005-10-422, 2006-Ohio-5195 , at ¶ 36 . {¶ 130} Here, appellant failed to raise a timely objection to the omitted instruction as required under Crim.R. 30(A) and, therefore, is deemed to have waived all but plain error.

12007–2007
Chambers v. Chambers green
· 2000
2 sentences

2005Chambers v. Chambers (2000), 137 Ohio App.3d 355, 359 , 738 N.E.2d 834 , citing State ex rel.

2005Chambers v. Chambers (2000), 137 Ohio App.3d 355, 359 , 738 N.E.2d 834 , citing State ex rel.

12005–2005
State v. Long green
ohio · 1978
1 sentence

2003Id. at paragraph two of the syllabus. {¶ 44} Upon review of the instructions to the jury, we find the trial court's failure to instruct as asserted by appellant did not constitute plain error.

12003–2003
State v. DePew green
ohio · 1988
2 sentences

1988State v. DePew (1988), 38 Ohio St. 3d 275, 289 , 528 N.E. 2d 542, 557 .

1988State v. DePew (1988), 38 Ohio St. 3d 275, 289 , 528 N.E. 2d 542, 557 .

11988–1988
Hoover v. Sumlin green
ohio · 1984
2 sentences

1987As it is stated in Hoover v. Sumlin (1984), 12 Ohio St. 3d 1, 5-6 , 12 OBR 1, 5, 465 N.E. 2d 377 , 381: “We hold today merely that a party may appropriately raise an affirmative defense in an amended pleading.

1987As it is stated in Hoover v. Sumlin (1984), 12 Ohio St. 3d 1, 5-6 , 12 OBR 1, 5, 465 N.E. 2d 377 , 381: “We hold today merely that a party may appropriately raise an affirmative defense in an amended pleading.

11987–1987
Mullins v. Whiteway Manufacturing Co. green
ohio · 1984
1 sentence

1985Mullins, supra, at 20 .

11985–1985

Statutes the citing opinions construe

OH § Ohio Rev. Code § 5715.19 (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

CA 248 (1934–2026) TX 52 (1883–2025) NC 38 (1929–2025) FL 35 (1949–2025) IL 32 (1964–2025) NJ 32 (1983–2026) MI 20 (1982–2024) IN 20 (1976–2018) LA 19 (1993–2026) OH 15 (1985–2023) PA 13 (1927–2024) KS 12 (1972–2024) WA 11 (1987–2021) AZ 10 (1980–2024) MA 9 (1990–2025) GA 8 (1929–2024) TN 8 (1980–2026) AL 8 (1974–2023) ID 7 (1991–2022) NY 6 (1977–2023) KY 6 (1928–2026) DC 6 (1978–2015) CT 5 (2003–2025) NM 5 (1947–2020) MO 4 (1986–2019) OK 3 (2013–2023) NV 3 (2004–2022) MD 3 (1960–2021) VA 2 (1921–2024) SD 2 (2006–2008) ME 2 (1944–1954) MN 2 (1990–2013) CO 2 (1984–2026) WI 2 (1910–2004) ND 2 (1985–2009) NE 2 (1987–2006) VI 2 (2012–2025) UT 2 (1995–2011)

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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