defendant waives any error (Ohio) · Go Syfert
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defendant waives any error in Ohio

14 Ohio opinions name it 1 courts 2000–2026 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.

Followed or applied (5)

CaseFollowedCited
State v. Hurleygreen
ohioctapp · 2014 · cited in 2 Ohio opinions naming this issue, 2025–2026
2 sentences

2026In order to preserve a sufficiency of the evidence challenge on appeal once a defendant elects to present evidence on his behalf, the defendant must renew his Crim.R. 29 motion at the close of all the evidence.” State v. Hurley, 2014-Ohio-2716, ¶ 37 (3d Dist.), quoting State v. Edwards, 2004- Ohio-4015, ¶ 6 (3d Dist.).

2025In order to preserve a sufficiency of the evidence challenge on appeal once a defendant elects to present evidence on his behalf, the defendant must renew his Crim.R. 29 motion at the close of all the evidence.” State v. Hurley, 2014-Ohio-2716, ¶ 37 (3d Dist.), quoting State v. Edwards, 2004- Ohio-4015, ¶ 6 (3d Dist.).

22
State v. Cookgreen
ohioctapp · 1987 · cited in 1 Ohio opinions naming this issue, 2022–2022
2 sentences

2022See also State v. Cook, 35 Ohio App.3d 20 , 519 N.E.2d 419 , paragraph three of the syllabus (12th Dist.1987)(Crim.R. 7(D) primarily for defendant’s protection and prohibits amendments that change the nature or identity of the charged crime so the accused can be aware of the charges and can prepare his defense accordingly.) {¶16} The Eighth District has also held that a defendant waives any challenge to an indictment when he is in the courtroom, did not object to the amendment prior to trial, and indicated to the court that he understood the proceedings.

2022See also State v. Cook, 35 Ohio App.3d 20 , 519 N.E.2d 419 , paragraph three of the syllabus (12th Dist.1987)(Crim.R. 7(D) primarily for defendant’s protection and prohibits amendments that change the nature or identity of the charged crime so the accused can be aware of the charges and can prepare his defense accordingly.) {¶16} The Eighth District has also held that a defendant waives any challenge to an indictment when he is in the courtroom, did not object to the amendment prior to trial, and indicated to the court that he understood the proceedings.

11
Barlow v. Sipesgreen
indctapp · 2001 · cited in 1 Ohio opinions naming this issue, 2003–2003
1 sentence

2003See State v. Jones (2001), 91 Ohio St.3d 335, 346 , 744 N.E.2d 1 .163; State v. Carter (1992) 64 Ohio St.3d 218, 223 , 594 N.E.2d 595 .

11
State v. Jonesgreen
ohio · 2001 · cited in 1 Ohio opinions naming this issue, 2003–2003
1 sentence

2003See State v. Jones (2001), 91 Ohio St.3d 335, 346 , 744 N.E.2d 1 .163; State v. Carter (1992) 64 Ohio St.3d 218, 223 , 594 N.E.2d 595 .

11
State v. Campbellgreen
ohio · 1994 · cited in 1 Ohio opinions naming this issue, 2000–2000
1 sentence

2000See Crim.R. 12(B)(3); see, also, Campbell , 69 Ohio St.3d at 44 ; State v. Sibert (1994), 98 Ohio App.3d 412 , 429 .

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 (10)

CaseCitedYears
City of Dayton v. Rogers green
ohio · 1979
2 sentences

2022In the past, this court and numerous other Ohio appellate courts, relying primarily upon State v. Roe (1989), 41 Ohio St.3d 18, 25 , 535 N.E.2d 1351 and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 163 , 398 N.E.2d 781 , have held that if a criminal [Cite as State v. King, 2022-Ohio-4616 .] defendant fails to timely file a Crim.R. 29 motion for acquittal, the defendant waives any error, absent plain error, as to sufficiency of the evidence.

2022In the past, this court and numerous other Ohio appellate courts, relying primarily upon State v. Roe (1989), 41 Ohio St.3d 18, 25 , 535 N.E.2d 1351 and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 163 , 398 N.E.2d 781 , have held that if a criminal [Cite as State v. King, 2022-Ohio-4616 .] defendant fails to timely file a Crim.R. 29 motion for acquittal, the defendant waives any error, absent plain error, as to sufficiency of the evidence.

62000–2022
State v. Roe green
ohio · 1989
2 sentences

2022In the past, this court and numerous other Ohio appellate courts, relying primarily upon State v. Roe (1989), 41 Ohio St.3d 18, 25 , 535 N.E.2d 1351 and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 163 , 398 N.E.2d 781 , have held that if a criminal [Cite as State v. King, 2022-Ohio-4616 .] defendant fails to timely file a Crim.R. 29 motion for acquittal, the defendant waives any error, absent plain error, as to sufficiency of the evidence.

2022In the past, this court and numerous other Ohio appellate courts, relying primarily upon State v. Roe (1989), 41 Ohio St.3d 18, 25 , 535 N.E.2d 1351 and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 163 , 398 N.E.2d 781 , have held that if a criminal [Cite as State v. King, 2022-Ohio-4616 .] defendant fails to timely file a Crim.R. 29 motion for acquittal, the defendant waives any error, absent plain error, as to sufficiency of the evidence.

22003–2022
State v. Lazzaro green
ohio · 1996
2 sentences

2003Dayton v. Rogers (1979), 60 Ohio St.2d 162 , 163 , overruled on other grounds, 76 Ohio St.3d 261 (1996). {¶ 5} In the instant case, Mr. Lyons failed to renew his Crim.R. 29 motion for acquittal after presenting his defense.

2000Dayton v. Rogers (1979), 60 Ohio St.2d 162 , 163 , overruled on other grounds, State v. Lazzaro (1996), 76 Ohio St.3d 261 .

22000–2003
State v. King green
ohioctapp · 2022
1 sentence

2022In the past, this court and numerous other Ohio appellate courts, relying primarily upon State v. Roe (1989), 41 Ohio St.3d 18, 25 , 535 N.E.2d 1351 and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 163 , 398 N.E.2d 781 , have held that if a criminal [Cite as State v. King, 2022-Ohio-4616 .] defendant fails to timely file a Crim.R. 29 motion for acquittal, the defendant waives any error, absent plain error, as to sufficiency of the evidence.

12022–2022
State v. Williamitis, Unpublished Decision (11-19-2004) neutral
ohioctapp · 2004
1 sentence

2013No. 20508, 2004-Ohio-6234 (a defendant waives any claim of error regarding his failure to receive a bill of particulars by proceeding to trial without a bill of particulars or a request for a continuance); State v. Richards, 5th Dist.

12013–2013
State v. Gray, Unpublished Decision (10-31-2003) neutral
ohioctapp · 2003
1 sentence

2008No. C-030132, 2003-Ohio-5837 , at ¶ 1 . {¶ 13} However, Mr. Tisdale is not without remedy regarding his ineffective assistance of counsel allegations.

12008–2008
State v. Brown green
ohioctapp · 1993
2 sentences

2007State v. Brown (1993), 90 Ohio App.3d 674 , 685 , 630 N.E.2d 397 .

2007State v. Brown (1993), 90 Ohio App.3d 674 , 685 , 630 N.E.2d 397 .

12007–2007
State v. Carter green
ohio · 1992
2 sentences

2003See State v. Jones (2001), 91 Ohio St.3d 335, 346 , 744 N.E.2d 1 .163; State v. Carter (1992) 64 Ohio St.3d 218, 223 , 594 N.E.2d 595 .

2003See State v. Jones (2001), 91 Ohio St.3d 335, 346 , 744 N.E.2d 1 .163; State v. Carter (1992) 64 Ohio St.3d 218, 223 , 594 N.E.2d 595 .

12003–2003
State v. French green
ohio · 1995
2 sentences

2001State v. Williamson (June 14, 2000), Ross App. No. 99CA2473, unreported, 2000 WL 807281 (citing Crim.R. 12(B)(3) State v. French (1995), 72 Ohio St.3d 446 , 650 N.E.2d 887 ).

2001State v. Williamson (June 14, 2000), Ross App. No. 99CA2473, unreported, 2000 WL 807281 (citing Crim.R. 12(B)(3) State v. French (1995), 72 Ohio St.3d 446 , 650 N.E.2d 887 ).

12001–2001
State v. Sibert green
ohioctapp · 1994
1 sentence

2000See Crim.R. 12(B)(3); see, also, Campbell , 69 Ohio St.3d at 44 ; State v. Sibert (1994), 98 Ohio App.3d 412 , 429 .

12000–2000

Where else courts name it

TX 31 (1993–2024) IL 17 (1987–2024) WA 16 (2013–2020) OH 14 (2000–2026) TN 9 (1996–2020) MO 7 (1988–2025) GA 7 (2002–2012) NE 5 (1962–1984) KS 4 (1983–2024) NM 4 (2000–2009) MI 4 (1985–2024) AZ 3 (1994–2008) IN 3 (1975–2007) PA 3 (2007–2024) NY 2 (2000–2025) CA 2 (2001–2016) IA 2 (2001–2022) AL 2 (1996–2002) CO 2 (2008–2025)

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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