has adopted rule (Ohio) · Go Syfert
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has adopted rule in Ohio

13 Ohio opinions name it 2 courts 1991–2024 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 (2)

CaseFollowedCited
McCroskey v. Stategreen
ohio · 1983 · cited in 2 Ohio opinions naming this issue, 1996–1996
2 sentences

1996See McCroskey v. State (1983), 8 Ohio St.3d 29 , 8 OBR 339, 456 N.E.2d 1204 .

1996See McCroskey v. State (1983), 8 Ohio St.3d 29 , 8 OBR 339, 456 N.E.2d 1204 .

22
Matson v. Marksgreen
ohioctapp · 1972 · cited in 1 Ohio opinions naming this issue, 1997–1997
2 sentences

1997See Matson, supra, 32 Ohio App.2d at 324-328, 61 O.O.2d at 479-481 , 291 N.E.2d at 495-498 ; In re Wood (Aug. 12, 1997), Franklin App. No. 97APE01-77, unreported, 1997 WL 467338 ; Buckeye Fed.

1997See Matson, supra, 32 Ohio App.2d at 324-328, 61 O.O.2d at 479-481 , 291 N.E.2d at 495-498 ; In re Wood (Aug. 12, 1997), Franklin App. No. 97APE01-77, unreported, 1997 WL 467338 ; Buckeye Fed.

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
State v. Barnett green
ohioctapp · 1991
2 sentences

2000For purposes of determining abuse of discretion in such a case, this court has adopted the rule first set forth by the Court of Appeals for Cuyahoga County in State v. Peterseim (1980), 68 Ohio App.2d 211 , 22 O.O.3d 341 , 428 N.E.2d 863 , summarized in a headnote as follows: "A trial court does not abuse its discretion in overruling a motion to withdraw: (1) where the accused is represented by highly competent counsel, (2) where the accused was afforded a full hearing, pursuant to Crim.R. 11, before he entered the plea, (3) when, after the motion to withdraw is filed, the accused is given a c

1999For purposes of determining abuse of discretion in such a case, this court has adopted the rule first set forth by the Court of Appeals for Cuyahoga County in State v. Peterseim (1980), 68 Ohio App.2d 211 , 22 O.O.3d 341 , 428 N.E.2d 863 , summarized in a headnote as follows: "A trial court does not abuse its discretion in overruling a motion to withdraw: (1) where the accused is represented by highly competent counsel, (2) where the accused was afforded a full hearing, pursuant to Crim.R. 11, before he entered the plea, (3) when, after the motion to withdraw is filed, the accused is given a c

31999–2000
State v. Peterseim green
ohioctapp · 1980
2 sentences

2000For purposes of determining abuse of discretion in such a case, this court has adopted the rule first set forth by the Court of Appeals for Cuyahoga County in State v. Peterseim (1980), 68 Ohio App.2d 211 , 22 O.O.3d 341 , 428 N.E.2d 863 , summarized in a headnote as follows: "A trial court does not abuse its discretion in overruling a motion to withdraw: (1) where the accused is represented by highly competent counsel, (2) where the accused was afforded a full hearing, pursuant to Crim.R. 11, before he entered the plea, (3) when, after the motion to withdraw is filed, the accused is given a c

2000For purposes of determining abuse of discretion in such a case, this court has adopted the rule first set forth by the Court of Appeals for Cuyahoga County in State v. Peterseim (1980), 68 Ohio App.2d 211 , 22 O.O.3d 341 , 428 N.E.2d 863 , summarized in a headnote as follows: "A trial court does not abuse its discretion in overruling a motion to withdraw: (1) where the accused is represented by highly competent counsel, (2) where the accused was afforded a full hearing, pursuant to Crim.R. 11, before he entered the plea, (3) when, after the motion to withdraw is filed, the accused is given a c

31999–2000
State v. Fish green
ohioctapp · 1995
2 sentences

2024“A decision is unreasonable if there is no sound reasoning process that would support that decision.” Id. {¶ 10} When evaluating a defendant’s claim that the trial court abused its discretion in overruling a presentence motion to withdraw a plea, this court has adopted the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.).

2024“A decision is unreasonable if there is no sound reasoning process that would support that decision.” Id. {¶ 10} When evaluating a defendant’s claim that the trial court abused its discretion in overruling a presentence motion to withdraw a plea, this court has adopted the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.).

22016–2024
State v. Sims green
ohioctapp · 2017
2 sentences

2024“A decision is unreasonable if there is no sound reasoning process that would support that decision.” Id. {¶ 10} When evaluating a defendant’s claim that the trial court abused its discretion in overruling a presentence motion to withdraw a plea, this court has adopted the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.).

2024“A decision is unreasonable if there is no sound reasoning process that would support that decision.” Id. {¶ 10} When evaluating a defendant’s claim that the trial court abused its discretion in overruling a presentence motion to withdraw a plea, this court has adopted the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.).

12024–2024
Office of Disciplinary Counsel v. Michaels green
ohio · 1990
1 sentence

2024“A decision is unreasonable if there is no sound reasoning process that would support that decision.” Id. {¶ 10} When evaluating a defendant’s claim that the trial court abused its discretion in overruling a presentence motion to withdraw a plea, this court has adopted the factors set forth in State v. Fish, 104 Ohio App.3d 236, 240 , 661 N.E.2d 788 (1st Dist.1995), overruled on other grounds, State v. Sims, 2017-Ohio-8379 , 99 N.E.3d 1056 (1st Dist.).

12024–2024
Woda Ivy Glen Ltd. Partnership v. Fayette County Board of Revision green
ohio · 2009
1 sentence

2014Id. {¶ 35} It is in that context—the filing and hearing of a valuation complaint—that a sale price is or is not presumed to be recent to the tax-lien date. 13 SUPREME COURT OF OHIO Neither the former nor the current version of R.C. 5713.03 calls for a presumption, but the court has adopted the presumption as an appropriate procedural measure to achieve the legislative aim of the statute: that a sale price be adopted as the property value whenever appropriate.

12014–2014
State v. Venes green
ohioctapp · 2013
1 sentence

2014Consecutive Sentences {¶36} Under the seventh assignment of error, Rembert claims the trial court fails to make appropriate findings before imposing consecutive sentences for his two offenses. {¶37} When reviewing consecutive sentences, this court has adopted the standard set forth in State v. Venes, 2013-Ohio-1891 , 992 N.E.2d 453 , ¶ 8-10 (8th Dist.).

12014–2014
State v. Xie green
ohio · 1992
1 sentence

2011Id. {¶30} This court has adopted factors to weigh in considering a presentence motion to withdraw a plea: (1) whether the state will be prejudiced by withdrawal; (2) the representation afforded to the defendant by counsel; (3) the extent of the Crim.R. 11 plea hearing; (4) whether the defendant understood the nature of the charges and potential sentences; (5) the extent of the hearing on the motion to withdraw; (6) whether the trial court gave full and fair consideration to the motion; (7) whether the timing of the motion was reasonable; (8) the reasons for the motion; and (9) whether the accu

12011–2011
State v. Bush green
ohio · 2002
1 sentence

2004State v. Bush (2002), 96 Ohio St.3d 235 ; State v. Tabbaa, Cuyahoga App. No. 81410, 2003-Ohio-299 . 2 In Tabbaa , this court found that despite the trial court's failure to recite R.C. 2943.031 language, the eleven and one-half year delay between the appellant's plea and motion to vacate was unreasonable.

12004–2004
Kinetico, Inc. v. Independent Ohio Nail Co. green
ohioctapp · 1984
2 sentences

1991This court has adopted the rule for proof of lost profits set forth in Kinetico, Inc. v. Independent Ohio Nail Co. (1984), 19 Ohio App.3d 26 , 19 OBR 92, 482 N.E.2d 1345 : “Proof of lost profits must be reasonably certain and may not be speculative.

1991This court has adopted the rule for proof of lost profits set forth in Kinetico, Inc. v. Independent Ohio Nail Co. (1984), 19 Ohio App.3d 26 , 19 OBR 92, 482 N.E.2d 1345 : “Proof of lost profits must be reasonably certain and may not be speculative.

11991–1991

Where else courts name it

MS 37 (1953–2023) WA 30 (1900–2019) RI 22 (1981–2011) OK 21 (1920–2004) AR 21 (1898–2019) MT 20 (1890–2025) WI 17 (1909–2005) KY 17 (1915–1977) NE 17 (1906–2024) IL 15 (1902–2024) ID 14 (1949–2020) AL 14 (1889–2005) OH 13 (1991–2024) LA 13 (1932–1991) PA 13 (1963–2025) TX 12 (1974–2022) MI 11 (1894–2023) MD 11 (1910–2023) MN 11 (1901–1997) WV 11 (1946–2013) OR 10 (1900–1987) DC 10 (1991–2024) NC 9 (1931–2019) NJ 7 (1996–2024) IN 7 (1885–2004) HI 7 (1988–2019) VT 7 (1998–2020) SD 6 (1905–1995) MO 6 (1911–2003) AZ 6 (1911–1988) IA 5 (1882–1939) CT 5 (1987–2006) ND 4 (1970–2021) UT 4 (1920–1992) CO 4 (1987–2002) KS 4 (1933–2018) CA 4 (1891–1991) NY 4 (1928–2014) NH 3 (1970–1980) VI 3 (2013–2025) FL 3 (1959–1995) WY 2 (1986–1987) DE 2 (1991–2017) TN 2 (1922–1957) MA 2 (1986–2019) GA 2 (1928–1985) NV 2 (1973–2012) AK 2 (2017–2017) NM 2 (1974–1977)

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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