14 Ohio opinions name it 2 courts 1989–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Daviegreen2 sentences2003See, e.g., State v. Durr (1991), 58 Ohio St.3d 86, 93 , 568 N.E.2d 674 ; State v. Davie (1997), 80 Ohio St.3d 311, 326-327 , 686 N.E.2d 245 . 2003See, e.g., State v. Durr (1991), 58 Ohio St.3d 86, 93 , 568 N.E.2d 674 ; State v. Davie (1997), 80 Ohio St.3d 311, 326-327 , 686 N.E.2d 245 . | 2 | 3 |
State v. Durrgreen2 sentences2003See, e.g., State v. Durr (1991), 58 Ohio St.3d 86, 93 , 568 N.E.2d 674 ; State v. Davie (1997), 80 Ohio St.3d 311, 326-327 , 686 N.E.2d 245 . 2003See, e.g., State v. Durr (1991), 58 Ohio St.3d 86, 93 , 568 N.E.2d 674 ; State v. Davie (1997), 80 Ohio St.3d 311, 326-327 , 686 N.E.2d 245 . | 1 | 3 |
State v. Smithgreen1 sentence2025E.g., State v. Sanchez, 2014-Ohio-2263, ¶ 26 (8th Dist.) (plain error review did not apply because the defendant moved for leave to withdraw his guilty plea, thus bringing the validity of the guilty plea to the trial court’s attention); State v. Smith, 2023-Ohio-1235, ¶ 12 (4th Dist.) (plain error review did not apply because appellant brought the issue to the trial court’s attention through a motion that the trial court effectively denied). -13- Case No. 3-24-17 {¶21} Finally, it is worth noting that the verdict form in this case is distinguishable from the verdict form discussed in State v. | 1 | 1 |
State v. Sanchezgreen1 sentence2025E.g., State v. Sanchez, 2014-Ohio-2263, ¶ 26 (8th Dist.) (plain error review did not apply because the defendant moved for leave to withdraw his guilty plea, thus bringing the validity of the guilty plea to the trial court’s attention); State v. Smith, 2023-Ohio-1235, ¶ 12 (4th Dist.) (plain error review did not apply because appellant brought the issue to the trial court’s attention through a motion that the trial court effectively denied). -13- Case No. 3-24-17 {¶21} Finally, it is worth noting that the verdict form in this case is distinguishable from the verdict form discussed in State v. | 1 | 1 |
Caldwell v. Whirlpool Corp.green2 sentences2024It held that “pursuant to * * * Chatfield, Caldwell’s claim had expired by operation of law by January 11, 2022.” 2023-Ohio-1530, ¶ 13. 2024It held that “pursuant to * * * Chatfield, Caldwell’s claim had expired by operation of law by January 11, 2022.” 2023-Ohio-1530, ¶ 13 . | 1 | 1 |
Youghiogheny & Ohio Coal Co. v. Mayfieldgreen2 sentences2024See R.C. 4123.512(A); Youghiogheny, 11 Ohio St.3d at 71, 464 N.E.2d 133; Fisher, 30 Ohio St.3d 8, 505 N.E.2d 975, paragraph one of the syllabus. 2024See R.C. 4123.512(A); Youghiogheny, 11 Ohio St.3d at 71, 464 N.E.2d 133; Fisher, 30 Ohio St.3d 8, 505 N.E.2d 975, paragraph one of the syllabus. | 1 | 1 |
Chapman v. Jagogreen1 sentence2014Appellant’s remedy, if any, is by way of appeal from the judgment of conviction.” Chapman v. Jago, 48 Ohio St.2d 51, 51 (1976). {¶9} Accordingly, Mr. Caldwell’s contention that the trial court lacked subject matter jurisdiction due to the lack of signature on the first indictment lacks merit. {¶10} However, as the trial court found Mr. Caldwell’s motion to be “untimely,” it appears that the trial court considered whether Mr. Caldwell’s motion could be successful if construed as a petition for post-conviction relief. | 1 | 1 |
State v. Hughbanksgreen2 sentences2014See State v. Hughbanks, 99 Ohio St.3d 365 , 2003-Ohio-4121 , 792 N.E.2d 1081, ¶ 102 . d. 2014See State v. Hughbanks, 99 Ohio St.3d 365 , 2003-Ohio-4121 , 792 N.E.2d 1081, ¶ 102 . d. | 1 | 1 |
State v. LaMargreen1 sentence2003See State v. LaMar, 95 Ohio St.3d 181 , 2002-Ohio-2128 , 767 N.E.2d 166, ¶ 109 . | 1 | 1 |
State v. LaMargreen2 sentences2003See State v. LaMar, 95 Ohio St.3d 181 , 2002-Ohio-2128 , 767 N.E.2d 166, ¶ 109 . 2003See State v. LaMar, 95 Ohio St.3d 181 , 2002-Ohio-2128 , 767 N.E.2d 166, ¶ 109 . | 1 | 1 |
State v. Hicksgreen2 sentences1989Ed. 2d 435, 443 , 109 S. Ct. 1211, 1215 ; see, also, State v. Hicks (1989), 43 Ohio St. 3d 72, 79-80 , 538 N.E. 2d 1030, 1038-1039 . 1989Ed. 2d 435, 443 , 109 S. Ct. 1211, 1215 ; see, also, State v. Hicks (1989), 43 Ohio St. 3d 72, 79-80 , 538 N.E. 2d 1030, 1038-1039 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dugger v. Adams
green
2 sentences2014But when a defendant claims that a Caldwell violation occurred, he or she “must show that the remarks to the jury improperly described the role assigned to the jury by local law.” Dugger v. Adams, 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 (1989). 2014But when a defendant claims that a Caldwell violation occurred, he or she “must show that the remarks to the jury improperly described the role assigned to the jury by local law.” Dugger v. Adams, 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 (1989). | 6 | 1989–2021 |
Robert A. Buell v. Betty Mitchell, Warden
green
2 sentences2002To establish a Caldwell violation, however, a defendant “ ‘necessarily must show that the remarks to the jury improperly described the role assigned to the jury by local law.’ ” Buell v. Mitchell (C.A.6, 2001), 274 F.3d 337, 353 , quoting Dugger v. Adams (1989), 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 . 2002To establish a Caldwell violation, however, a defendant “ ‘necessarily must show that the remarks to the jury improperly described the role assigned to the jury by local law.’ ” Buell v. Mitchell (C.A.6, 2001), 274 F.3d 337, 353 , quoting Dugger v. Adams (1989), 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 . | 2 | 2002–2002 |
Shaver v. Wolske & Blue
green
2 sentences2025Shaver v. Wolske & Blue, 138 Ohio App.3d 653 (10th Dist. 2000.) In our case, Ms. Webb was faced with a choice: to take additional leave without pay and medical benefits, or to retire and receive some income and medical coverage from OPERS. 2025Shaver v. Wolske & Blue, 138 Ohio App.3d 653 (10th Dist. 2000.) In our case, Ms. Webb was faced with a choice: to take additional leave without pay and medical benefits, or to retire and receive some income and medical coverage from OPERS. | 1 | 2025–2025 |
Fisher v. Mayfield
green
2 sentences2024See R.C. 4123.512(A); Youghiogheny, 11 Ohio St.3d at 71, 464 N.E.2d 133; Fisher, 30 Ohio St.3d 8, 505 N.E.2d 975, paragraph one of the syllabus. 2024See R.C. 4123.512(A); Youghiogheny, 11 Ohio St.3d at 71, 464 N.E.2d 133; Fisher, 30 Ohio St.3d 8, 505 N.E.2d 975, paragraph one of the syllabus. | 1 | 2024–2024 |
Romano v. Oklahoma
green
2 sentences2021Second, Lynch must show that the remarks to the jury “ ‘improperly described the role assigned to the jury by local law.’ ” Romano v. Oklahoma, 512 U.S. 1, 9 , 114 S.Ct. 2004 , 129 L.Ed.2d 1 (1994), quoting Dugger v. Adams, 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 (1989). {¶28} During Lynch’s trial, the prosecutor, trial court, and defense counsel all informed the jury that it could recommend that Lynch be sentenced to death. 2021Second, Lynch must show that the remarks to the jury “ ‘improperly described the role assigned to the jury by local law.’ ” Romano v. Oklahoma, 512 U.S. 1, 9 , 114 S.Ct. 2004 , 129 L.Ed.2d 1 (1994), quoting Dugger v. Adams, 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 (1989). {¶28} During Lynch’s trial, the prosecutor, trial court, and defense counsel all informed the jury that it could recommend that Lynch be sentenced to death. | 1 | 2021–2021 |
Caldwell v. Mississippi
green
1 sentence2021To succeed on his Caldwell claim, Lynch must first show that remarks made during the penalty phase erroneously “minimize[d] the jury’s sense of responsibility for determining the appropriateness of death.” Id. at 341 . | 1 | 2021–2021 |
State v. Reynolds
green
1 sentence2014R.C. 2953.21(A)(1)(a) provides that “[a]ny person who has been convicted of a criminal offense * * * and who claims that there was such a denial or infringement of the person’s rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States, * * * may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief.” Therefore, “[w]here a criminal defendant, subsequent to his or her direct appeal, files a | 1 | 2014–2014 |
State v. White
green
1 sentence2014Nor does Mr. Caldwell claim to have a vested right in not being subject to registration requirements at the time he committed his offense. {¶32} With regard to the imposition of retroactive burdens, the White court confirmed that—except as to the prohibition against ex post facto laws—the commission of an offense does not give felons a “ ‘reasonable right to expect that their conduct will never thereafter be made the subject of legislation.’ ” White, 132 Ohio St.3d 344 , 2012- Ohio-2583, 972 N.E.2d 534 , at ¶ 43, quoting Matz at 281-282 . | 1 | 2014–2014 |
Temple v. Wean United, Inc.
green
2 sentences2004As such, and based on the foregoing, appellant’s waiver argument lacks merit. {¶ 106} Thus, all of appellant’s arguments under its first assignment of error lack merit and are hereby overruled. {¶ 107} Appellant’s second assignment of error asserts: {¶ 108} “The trial court erred in granting defendant-appellee Village of Caldwell’s motion for summary judgment on plaintiff-appellant Seneca Valley, Inc.’s claim for unjust enrichment (September 9, 2002 Journal Entry.)” {¶ 109} Appellant initially asserts that the trial court’s decision to grant the Village summary judgment as to appellant’s secon 2004As such, and based on the foregoing, appellant’s waiver argument lacks merit. {¶ 106} Thus, all of appellant’s arguments under its first assignment of error lack merit and are hereby overruled. {¶ 107} Appellant’s second assignment of error asserts: {¶ 108} “The trial court erred in granting defendant-appellee Village of Caldwell’s motion for summary judgment on plaintiff-appellant Seneca Valley, Inc.’s claim for unjust enrichment (September 9, 2002 Journal Entry.)” {¶ 109} Appellant initially asserts that the trial court’s decision to grant the Village summary judgment as to appellant’s secon | 1 | 2004–2004 |
Marshall v. Aaron
green
2 sentences2004As such, and based on the foregoing, appellant’s waiver argument lacks merit. {¶ 106} Thus, all of appellant’s arguments under its first assignment of error lack merit and are hereby overruled. {¶ 107} Appellant’s second assignment of error asserts: {¶ 108} “The trial court erred in granting defendant-appellee Village of Caldwell’s motion for summary judgment on plaintiff-appellant Seneca Valley, Inc.’s claim for unjust enrichment (September 9, 2002 Journal Entry.)” {¶ 109} Appellant initially asserts that the trial court’s decision to grant the Village summary judgment as to appellant’s secon 2004As such, and based on the foregoing, appellant’s waiver argument lacks merit. {¶ 106} Thus, all of appellant’s arguments under its first assignment of error lack merit and are hereby overruled. {¶ 107} Appellant’s second assignment of error asserts: {¶ 108} “The trial court erred in granting defendant-appellee Village of Caldwell’s motion for summary judgment on plaintiff-appellant Seneca Valley, Inc.’s claim for unjust enrichment (September 9, 2002 Journal Entry.)” {¶ 109} Appellant initially asserts that the trial court’s decision to grant the Village summary judgment as to appellant’s secon | 1 | 2004–2004 |
Inland Refuse Transfer Co. v. Browning-Ferris Industries of Ohio, Inc.
green
2 sentences2004“However, if a term cannot be determined from the four corners of a contract, [a] factual determination of intent or reasonableness may be necessary to supply the *634 missing term.” Inland Refuse Transfer Co. v. Browning-Ferris Industries of Ohio, Inc. (1984), 15 Ohio St.3d 321, 322 , 15 OBR 448, 474 N.E.2d 271 , citing Hallet & Davis Piano Co. v. Starr Piano Co. (1911), 85 Ohio St. 196 , 97 N.E. 377 . {¶ 29} Appellant’s first assignment of error asserts: {¶ 30} “The trial court erred in granting defendant-appellee Village of Caldwell’s motion for summary judgment on plaintiff-appellant Senec 2004“However, if a term cannot be determined from the four corners of a contract, [a] factual determination of intent or reasonableness may be necessary to supply the *634 missing term.” Inland Refuse Transfer Co. v. Browning-Ferris Industries of Ohio, Inc. (1984), 15 Ohio St.3d 321, 322 , 15 OBR 448, 474 N.E.2d 271 , citing Hallet & Davis Piano Co. v. Starr Piano Co. (1911), 85 Ohio St. 196 , 97 N.E. 377 . {¶ 29} Appellant’s first assignment of error asserts: {¶ 30} “The trial court erred in granting defendant-appellee Village of Caldwell’s motion for summary judgment on plaintiff-appellant Senec | 1 | 2004–2004 |
Allied Erecting & Dismantling Co. v. Uneco Realty Co.
green
2 sentences2004Allied Erecting & Dismantling Co. v. Uneco Realty Co. (2001), 146 Ohio App.3d 136, 142 , 765 N.E.2d 420 . {¶ 32} The existence of the contract is undisputed. 2004Allied Erecting & Dismantling Co. v. Uneco Realty Co. (2001), 146 Ohio App.3d 136, 142 , 765 N.E.2d 420 . {¶ 32} The existence of the contract is undisputed. | 1 | 2004–2004 |
State v. Wills
green
2 sentences1996After completing this task they then targeted Thomas, surrounded him, pulled out a gun, and then robbed him.” Wills, 69 Ohio St.3d at 691 , 635 N.E.2d at 371 . 1996After completing this task they then targeted Thomas, surrounded him, pulled out a gun, and then robbed him.” Wills, 69 Ohio St.3d at 691 , 635 N.E.2d at 371 . | 1 | 1996–1996 |
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.