burden of showing prejudicial error (Ohio) · Go Syfert
← Ohio issues

burden of showing prejudicial error in Ohio

13 Ohio opinions name it 1 courts 2007–2025 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 (4)

CaseFollowedCited
Shirley v. Kruse, Unpublished Decision (1-19-2007)green
ohioctapp · 2007 · cited in 9 Ohio opinions naming this issue, 2007–2025
2 sentences

2025An appellant bears the burden of showing prejudicial error by reference to matters in the record.’” State v. Thomas, 2007-Ohio-1344, ¶ 11 (2d Dist.), quoting Shirley v. Kruse, 2007-Ohio-193, ¶ 22 (2d Dist.). “‘When portions of the transcript necessary for resolution of assigned errors are omitted from the record, we have nothing to pass upon and, thus, we have no choice but to presume the validity of the lower court’s proceedings and affirm.’” Id.

2025An appellant bears the burden of showing prejudicial error by reference to matters in the record.’” State v. Thomas, 2007-Ohio-1344, ¶ 11 (2d Dist.), quoting Shirley v. Kruse, 2007-Ohio-193, ¶ 22 (2d Dist.). “‘When portions of the transcript necessary for resolution of assigned errors are omitted from the record, we have nothing to pass upon and, thus, we have no choice but to presume the validity of the lower court’s proceedings and affirm.’” Id.

19
Banks v. Regan, 21929 (1-11-2008)green
ohioctapp · 2008 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025We have also held that “[a]bsent a transcript of the hearing, we are constrained to presume the regularity of the proceedings below unless the limited record for -17- our review affirmatively demonstrates error.” State v. Like, 2008-Ohio-1873, ¶ 33 (2d Dist.), citing Banks v. Regan, 2008-Ohio-188, ¶ 2 (2d Dist.). {¶ 45} In this case, by failing to file a transcript of the suppression hearing, Hayes has not provided this court with a proper record upon which to consider affording him appellate relief.

11
State v. Like, 21991 (4-18-2008)green
ohioctapp · 2008 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025We have also held that “[a]bsent a transcript of the hearing, we are constrained to presume the regularity of the proceedings below unless the limited record for -17- our review affirmatively demonstrates error.” State v. Like, 2008-Ohio-1873, ¶ 33 (2d Dist.), citing Banks v. Regan, 2008-Ohio-188, ¶ 2 (2d Dist.). {¶ 45} In this case, by failing to file a transcript of the suppression hearing, Hayes has not provided this court with a proper record upon which to consider affording him appellate relief.

11
State v. Thomasgreen
ohioctapp · 2007 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025An appellant bears the burden of showing prejudicial error by reference to matters in the record.’” State v. Thomas, 2007-Ohio-1344, ¶ 11 (2d Dist.), quoting Shirley v. Kruse, 2007-Ohio-193, ¶ 22 (2d Dist.). “‘When portions of the transcript necessary for resolution of assigned errors are omitted from the record, we have nothing to pass upon and, thus, we have no choice but to presume the validity of the lower court’s proceedings and affirm.’” Id.

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 (4)

CaseCitedYears
Knapp v. Edwards Laboratories green
ohio · 1980
2 sentences

2015Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 , 400 N.E.2d 384 (1980).

2015Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 , 400 N.E.2d 384 (1980).

42007–2015
State v. Federal Insurance Company, Unpublished Decision (12-22-2005) green
ohioctapp · 2005
1 sentence

2008Id.

12008–2008
State v. Martin green
ohioctapp · 1983
1 sentence

2008State v. Martin (1983), 20 Ohio App.3d 172 . {¶ 6} An appellant who makes a weight of the evidence argument bears the burden of showing prejudicial error by reference to matters in the record.

12008–2008
McBride v. Quebe, Unpublished Decision (9-29-2006) neutral
ohioctapp · 2006
1 sentence

2007“When portions of the transcript necessary for resolution of assigned errors are omitted from the record, we have nothing to pass upon and, thus, we have no choice but to presume the validity of the lower court’s proceedings and affirm.” Id. {¶ 12} Presuming the validity of the lower court’s proceedings on Thomas’s motion to suppress, Thomas’s second assignment of error is overruled. {¶ 13} We next address Thomas’s sixth assignment of error, which is as follows: {¶ 14} “Appellant was deprived of due process and a fair trial through the presentation of faulty or incomplete jury instructions.” {

12007–2007

Where else courts name it

OH 13 (2007–2025) CA 12 (1956–2022) ID 5 (1947–2006) NC 4 (1955–2018) VT 3 (1971–1985) WA 3 (2010–2021) MD 2 (2018–2026) KS 2 (1970–1971) SD 2 (2000–2003) IL 2 (1977–2012)

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