defendant must first challenge (Ohio) · Go Syfert
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defendant must first challenge in Ohio

13 Ohio opinions name it 2 courts 2003–2026 2 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 (2)

CaseFollowedCited
Terry v. Ohiogreen
scotus · 1968 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026“The State is only required to present general testimony there was substantial compliance with the requirements of the regulations; specific evidence is not required unless the defendant raises a specific issue in the motion to suppress.” Bordeau, at ¶ 13, citing Bissaillon, supra, at ¶ 12; State v. Crotty, 2005- Ohio 2923, ¶ 19 (12th Dist.). {¶57} Finally, as the Supreme Court of Ohio explained in State v. Baker, 2016-Ohio-451 : A defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress evidence; failure to file such a motion “waives the requirem

11
State v. Browngreen
ohioctapp · 1996 · cited in 1 Ohio opinions naming this issue, 2012–2012
1 sentence

2012(F) While not in transit or under examination, all blood and urine specimens shall be refrigerated. {¶13} In Burnside at ¶ 24 , citing State v. Brown, 109 Ohio App.3d 629, 632 (4th Dist.1996), the Supreme Court of Ohio explained the burden-shifting procedure used in challenges to the admissibility of alcohol-test results, stating: The defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress; failure to file such a motion ‘waives the requirement 5 on the [S]tate to lay a foundation for the admissibility of the test results.’ After a defendant chall

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 (5)

CaseCitedYears
State v. French green
ohio · 1995
2 sentences

2026“The State is only required to present general testimony there was substantial compliance with the requirements of the regulations; specific evidence is not required unless the defendant raises a specific issue in the motion to suppress.” Bordeau, at ¶ 13, citing Bissaillon, supra, at ¶ 12; State v. Crotty, 2005- Ohio 2923, ¶ 19 (12th Dist.). {¶57} Finally, as the Supreme Court of Ohio explained in State v. Baker, 2016-Ohio-451 : A defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress evidence; failure to file such a motion “waives the requirem

2026“The State is only required to present general testimony there was substantial compliance with the requirements of the regulations; specific evidence is not required unless the defendant raises a specific issue in the motion to suppress.” Bordeau, at ¶ 13, citing Bissaillon, supra, at ¶ 12; State v. Crotty, 2005- Ohio 2923, ¶ 19 (12th Dist.). {¶57} Finally, as the Supreme Court of Ohio explained in State v. Baker, 2016-Ohio-451 : A defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress evidence; failure to file such a motion “waives the requirem

102003–2026
State v. Mayl green
ohioctapp · 2003
2 sentences

2013State v. Mayl, 154 Ohio App.3d 717 , 2003–Ohio–5097, ¶ 22. {¶20} “ ‘The defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress; failure to file such a motion “waives the requirement on the state to lay a foundation for the admissibility of the test results.” State v. French (1995), 72 Ohio St.3d 446, 451 , 650 N.E.2d 887 .

2012State v. Mayl, 154 Ohio App.3d 717 , 798 N.E.2d 1101 , 2003–Ohio–5097, ¶ 22. {¶14} “‘The defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress; failure to file such a motion “waives the requirement on the state to lay a foundation for the admissibility of the test results.” State v. French (1995), 72 Ohio St.3d 446, 451 , 650 N.E.2d 887 .

32012–2013
State v. Baker (Slip Opinion) green
ohio · 2016
2 sentences

2026“The State is only required to present general testimony there was substantial compliance with the requirements of the regulations; specific evidence is not required unless the defendant raises a specific issue in the motion to suppress.” Bordeau, at ¶ 13, citing Bissaillon, supra, at ¶ 12; State v. Crotty, 2005- Ohio 2923, ¶ 19 (12th Dist.). {¶57} Finally, as the Supreme Court of Ohio explained in State v. Baker, 2016-Ohio-451 : A defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress evidence; failure to file such a motion “waives the requirem

2017Appellant further contends that the Supreme Court's recent decision in State v. Baker, 146 Ohio St.3d 456 , 2016-Ohio-451 , 58 N.E.3d 1114 , would have cemented this issue prior to the scheduling of a trial date, meaning that the trial court would not have had the same rationale for denying the motion for leave had such a motion been ROSS, 16CA3564 10 timely filed following Baker. {¶ 24} In Baker, the court clarified the State v. Burnside ( 100 Ohio St.3d 152 , 2003-Ohio-5372 , 797 N.E.2d 71 ) burden-shifting test, holding: “A defendant must first challenge the validity of the alcohol test by

22017–2026
State v. Burnside green
ohio · 2003
2 sentences

2017Appellant further contends that the Supreme Court's recent decision in State v. Baker, 146 Ohio St.3d 456 , 2016-Ohio-451 , 58 N.E.3d 1114 , would have cemented this issue prior to the scheduling of a trial date, meaning that the trial court would not have had the same rationale for denying the motion for leave had such a motion been ROSS, 16CA3564 10 timely filed following Baker. {¶ 24} In Baker, the court clarified the State v. Burnside ( 100 Ohio St.3d 152 , 2003-Ohio-5372 , 797 N.E.2d 71 ) burden-shifting test, holding: “A defendant must first challenge the validity of the alcohol test by

2017Appellant further contends that the Supreme Court's recent decision in State v. Baker, 146 Ohio St.3d 456 , 2016-Ohio-451 , 58 N.E.3d 1114 , would have cemented this issue prior to the scheduling of a trial date, meaning that the trial court would not have had the same rationale for denying the motion for leave had such a motion been ROSS, 16CA3564 10 timely filed following Baker. {¶ 24} In Baker, the court clarified the State v. Burnside ( 100 Ohio St.3d 152 , 2003-Ohio-5372 , 797 N.E.2d 71 ) burden-shifting test, holding: “A defendant must first challenge the validity of the alcohol test by

22017–2023
State v. French green
ohio · 1995
1 sentence

2026“The State is only required to present general testimony there was substantial compliance with the requirements of the regulations; specific evidence is not required unless the defendant raises a specific issue in the motion to suppress.” Bordeau, at ¶ 13, citing Bissaillon, supra, at ¶ 12; State v. Crotty, 2005- Ohio 2923, ¶ 19 (12th Dist.). {¶57} Finally, as the Supreme Court of Ohio explained in State v. Baker, 2016-Ohio-451 : A defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress evidence; failure to file such a motion “waives the requirem

12026–2026

Statutes the citing opinions construe

OH § Ohio Rev. Code § 4511.19 (9)

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.

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