has recognized exception in Ohio

14 Ohio opinions name it 2 courts 1964–2026 6 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 (10)

Case	Followed	Cited
State v. Dalegreen ohioctapp · 2022 · cited in 2 Ohio opinions naming this issue, 2025–2025 2 sentences 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶58} In this case, the trial court considered the seriousness and recidivism factors. 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶72} Here, the trial court reviewed the presentence investigation report that noted Ankrom’s criminal history dating back to 2010 in Ohio and California.	2	2
State v. Claningreen ohioctapp · 2024 · cited in 2 Ohio opinions naming this issue, 2025–2025 2 sentences 2025State v. Webb, 2019-Ohio-4195, ¶ 19 (5th Dist.); State v. Clanin, 2024-Ohio-2445, ¶ 14 (5th Dist.). 1 Smiley does not contest the consecutive sentences. {¶57} Even if the sentencing transcript were silent as to the statutory factors, this Court has recognized a presumption that the trial court considered the factors where the sentencing entry indicates as such. 2025State v. Webb, 2019-Ohio-4195, ¶ 19 (5th Dist.); State v. Clanin, 2024-Ohio-2445, ¶ 14 (5th Dist.). {¶71} Even if the sentencing transcript were silent as to the statutory factors, this Court has recognized a presumption that the trial court considered the factors where the sentencing entry indicates as such.	2	2
State v. Webbgreen ohioctapp · 2019 · cited in 2 Ohio opinions naming this issue, 2025–2025 2 sentences 2025State v. Webb, 2019-Ohio-4195, ¶ 19 (5th Dist.); State v. Clanin, 2024-Ohio-2445, ¶ 14 (5th Dist.). 1 Smiley does not contest the consecutive sentences. {¶57} Even if the sentencing transcript were silent as to the statutory factors, this Court has recognized a presumption that the trial court considered the factors where the sentencing entry indicates as such. 2025State v. Webb, 2019-Ohio-4195, ¶ 19 (5th Dist.); State v. Clanin, 2024-Ohio-2445, ¶ 14 (5th Dist.). {¶71} Even if the sentencing transcript were silent as to the statutory factors, this Court has recognized a presumption that the trial court considered the factors where the sentencing entry indicates as such.	2	2
State v. Hannahgreen ohioctapp · 2015 · cited in 2 Ohio opinions naming this issue, 2025–2025 2 sentences 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶58} In this case, the trial court considered the seriousness and recidivism factors. 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶72} Here, the trial court reviewed the presentence investigation report that noted Ankrom’s criminal history dating back to 2010 in Ohio and California.	2	2
State v. Blossergreen ohioctapp · 2024 · cited in 2 Ohio opinions naming this issue, 2025–2025 2 sentences 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶58} In this case, the trial court considered the seriousness and recidivism factors. 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶72} Here, the trial court reviewed the presentence investigation report that noted Ankrom’s criminal history dating back to 2010 in Ohio and California.	2	2
State v. Robinsongreen ohioctapp · 2013 · cited in 2 Ohio opinions naming this issue, 2025–2025 2 sentences 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶58} In this case, the trial court considered the seriousness and recidivism factors. 2025See State v. Hannah, 2015-Ohio-4438, ¶ 13 (5th Dist.); State v. Robinson, 2013-Ohio-2893, ¶ 20 (5th Dist.); State v. Crawford, 2022-Ohio- 3125, ¶ 18 (5th Dist.); State v. Dale, 2022-Ohio-4074, ¶ 12 (5th Dist.); State v. Blosser, 2024-Ohio-173, ¶¶ 16-17 (5th Dist.). {¶72} Here, the trial court reviewed the presentence investigation report that noted Ankrom’s criminal history dating back to 2010 in Ohio and California.	2	2
Talvan v. Siegelgreen ohioctapp · 1992 · cited in 2 Ohio opinions naming this issue, 2009–2013 2 sentences 2013While discovery orders are not ordinarily subject to immediate appeal, this court has recognized an exception "where a discovery order requires the disclosure of communications between a physician and patient, communications that are ordinarily privileged pursuant to R.C. 2317.02(B)." Mason v. Booker, 185 Ohio App.3d 19 , 2009-Ohio-6198 , ¶ 11 (10th Dist.), citing Talvan v. Siegel, No. 12AP-1023 4 80 Ohio App.3d 781, 784 (10th Dist.1992). 2013Accordingly, "a trial court order compelling disclosure of information concerning physician-patient confidentiality constitutes a final, appealable order under R.C. 2505.02." Id.	1	2
Reilley v. Richardsgreen ohio · 1994 · cited in 1 Ohio opinions naming this issue, 2023–2023 2 sentences 2023See Reilley v. Richards, 69 Ohio St.3d 352 , 632 N.E.2d 507 (1994), citing Irwin v. Wilson, 45 Ohio St. 426 , 15 N.E. 209 (1887). 2023See Reilley v. Richards, 69 Ohio St.3d 352 , 632 N.E.2d 507 (1994), citing Irwin v. Wilson, 45 Ohio St. 426 , 15 N.E. 209 (1887).	1	1
Pratts v. Hurleygreen ohio · 2004 · cited in 1 Ohio opinions naming this issue, 2009–2009 1 sentence 2009See Pratts v. Hurley, 102 Ohio St.3d 81 , 2004-Ohio-1980 , 806 N.E.2d 992 , ¶11. (¶ 9} Although the Supreme Court of Ohio has “commonly [held] that sentencing errors are not jurisdictional and do not necessarily render a judgment void,” the court has recognized an exception when a court fails to “impose a sentence as required by law.” Simpkins, 117 Ohio St.3d 420 , 2008-Ohio-1197 , 884 N.E.2d 568 , ¶ 13.	1	1
State v. Simpkinsgreen ohio · 2008 · cited in 1 Ohio opinions naming this issue, 2009–2009 1 sentence 2009See Pratts v. Hurley, 102 Ohio St.3d 81 , 2004-Ohio-1980 , 806 N.E.2d 992 , ¶11. (¶ 9} Although the Supreme Court of Ohio has “commonly [held] that sentencing errors are not jurisdictional and do not necessarily render a judgment void,” the court has recognized an exception when a court fails to “impose a sentence as required by law.” Simpkins, 117 Ohio St.3d 420 , 2008-Ohio-1197 , 884 N.E.2d 568 , ¶ 13.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
State ex rel. Gains v. Maloney green ohio · 2004 2 sentences 2026Gains v. Maloney, 102 Ohio St.3d 254 , 2004- Ohio-2658, 809 N.E.2d 24, ¶ 10 , quoting State ex rel. 2026Gains v. Maloney, 102 Ohio St.3d 254 , 2004- Ohio-2658, 809 N.E.2d 24, ¶ 10 , quoting State ex rel.	2	2019–2026
State ex rel. Summers v. Fox (Slip Opinion) green ohio · 2020 1 sentence 2026Summers v. Fox, the records custodian denied a public-records request on the ground that the requester sought privileged material. 2020-Ohio-5585, ¶ 72 .	1	2026–2026
Lujan v. Navistar, Inc. green tex · 2018 1 sentence 2024Lujan v. Navistar, Inc., 555 S.W.3d 79 (Tex. 2018), reh’g denied (Sept. 28, 2018). {¶51} Without using the term “sham affidavit”, this Court has recognized the doctrine of a contradictory affidavit being used to defeat a motion for summary judgment.	1	2024–2024
State ex rel. Fant v. Sykes green ohio · 1987 1 sentence 2018Moreover, this court has recognized an exception to the mootness doctrine when there " 'remains a debatable constitutional question to resolve.' " Smith v. Leis, 106 Ohio St.3d 309 , 2005-Ohio-5125 , 835 N.E.2d 5 , ¶ 14, quoting Franchise Developers, Inc. v. Cincinnati, 30 Ohio St.3d 28 , 505 N.E.2d 966 (1987), paragraph one of the syllabus.	1	2018–2018
Franchise Developers, Inc. v. City of Cincinnati green ohio · 1987 1 sentence 2018Moreover, this court has recognized an exception to the mootness doctrine when there " 'remains a debatable constitutional question to resolve.' " Smith v. Leis, 106 Ohio St.3d 309 , 2005-Ohio-5125 , 835 N.E.2d 5 , ¶ 14, quoting Franchise Developers, Inc. v. Cincinnati, 30 Ohio St.3d 28 , 505 N.E.2d 966 (1987), paragraph one of the syllabus.	1	2018–2018
Smith v. Leis green ohio · 2005 1 sentence 2018Moreover, this court has recognized an exception to the mootness doctrine when there " 'remains a debatable constitutional question to resolve.' " Smith v. Leis, 106 Ohio St.3d 309 , 2005-Ohio-5125 , 835 N.E.2d 5 , ¶ 14, quoting Franchise Developers, Inc. v. Cincinnati, 30 Ohio St.3d 28 , 505 N.E.2d 966 (1987), paragraph one of the syllabus.	1	2018–2018
Mason v. Booker green ohioctapp · 2009 1 sentence 2013While discovery orders are not ordinarily subject to immediate appeal, this court has recognized an exception "where a discovery order requires the disclosure of communications between a physician and patient, communications that are ordinarily privileged pursuant to R.C. 2317.02(B)." Mason v. Booker, 185 Ohio App.3d 19 , 2009-Ohio-6198 , ¶ 11 (10th Dist.), citing Talvan v. Siegel, No. 12AP-1023 4 80 Ohio App.3d 781, 784 (10th Dist.1992).	1	2013–2013
State v. Beasley green ohio · 1984 2 sentences 2009The court has noted that the underpinning of its decisions from State v. 665 Beasley (1984), 14 Ohio St.3d 74 , 14 OBR 511, 471 N.E.2d 774 , to State v. Bezak, 114 Ohio St.3d 94 , 2007-Ohio-3250 , 868 N.E.2d 961 , “is the fundamental understanding that no court has the authority to substitute a different sentence for that which is required by law.” Simpkins at ¶ 20, citing Colegrove v. Bums (1964), 175 Ohio St. 437 , 438, 25 O.O.2d 447 , 195 N.E.2d 811 . “ ‘If an act is unlawful it [is] not erroneous or voidable, but it is wholly unauthorized and void.’ ” (Emphasis sic.) Id. at ¶ 21, quoting 2009The court has noted that the underpinning of its decisions from State v. 665 Beasley (1984), 14 Ohio St.3d 74 , 14 OBR 511, 471 N.E.2d 774 , to State v. Bezak, 114 Ohio St.3d 94 , 2007-Ohio-3250 , 868 N.E.2d 961 , “is the fundamental understanding that no court has the authority to substitute a different sentence for that which is required by law.” Simpkins at ¶ 20, citing Colegrove v. Bums (1964), 175 Ohio St. 437 , 438, 25 O.O.2d 447 , 195 N.E.2d 811 . “ ‘If an act is unlawful it [is] not erroneous or voidable, but it is wholly unauthorized and void.’ ” (Emphasis sic.) Id. at ¶ 21, quoting	1	2009–2009
State v. Bezak red ohio · 2007 2 sentences 2009The court has noted that the underpinning of its decisions from State v. 665 Beasley (1984), 14 Ohio St.3d 74 , 14 OBR 511, 471 N.E.2d 774 , to State v. Bezak, 114 Ohio St.3d 94 , 2007-Ohio-3250 , 868 N.E.2d 961 , “is the fundamental understanding that no court has the authority to substitute a different sentence for that which is required by law.” Simpkins at ¶ 20, citing Colegrove v. Bums (1964), 175 Ohio St. 437 , 438, 25 O.O.2d 447 , 195 N.E.2d 811 . “ ‘If an act is unlawful it [is] not erroneous or voidable, but it is wholly unauthorized and void.’ ” (Emphasis sic.) Id. at ¶ 21, quoting 2009The court has noted that the underpinning of its decisions from State v. 665 Beasley (1984), 14 Ohio St.3d 74 , 14 OBR 511, 471 N.E.2d 774 , to State v. Bezak, 114 Ohio St.3d 94 , 2007-Ohio-3250 , 868 N.E.2d 961 , “is the fundamental understanding that no court has the authority to substitute a different sentence for that which is required by law.” Simpkins at ¶ 20, citing Colegrove v. Bums (1964), 175 Ohio St. 437 , 438, 25 O.O.2d 447 , 195 N.E.2d 811 . “ ‘If an act is unlawful it [is] not erroneous or voidable, but it is wholly unauthorized and void.’ ” (Emphasis sic.) Id. at ¶ 21, quoting	1	2009–2009
Slack v. Cropper green ohioctapp · 2001 1 sentence 2008Slack v. Cropper , 143 Ohio App.3d 74 , 83 , 2001-Ohio-8894 (citation omitted).	1	2008–2008
State v. Cole green ohio · 1982 1 sentence 2000State v. Cole (1982), 2 Ohio St.3d 112 , 113 .	1	2000–2000
Brannon v. Bowers green ohioctapp · 1946 1 sentence 1964Brannon v. Bowers (1946), 46 Ohio Law Abs. 444 .	1	1964–1964

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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.

← Caselaw search · G Cite Topics · Brief Check