meritless claim (Ohio) · Go Syfert
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meritless claim in Ohio

13 Ohio opinions name it 1 courts 1992–2025 3 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. Fieldsgreen
ohioctapp · 1995 · cited in 2 Ohio opinions naming this issue, 2002–2003
2 sentences

2003See, also, State v. Fields (1995), 102 Ohio App.3d 284 , 288-89 , 656 N.E.2d 1383 ; State v. Turner (Feb. 27, 1997), Allen App. No. 1-96-27.

2003See, also, State v. Fields (1995), 102 Ohio App.3d 284 , 288-89 , 656 N.E.2d 1383 ; State v. Turner (Feb. 27, 1997), Allen App. No. 1-96-27.

22
Defiance v. Cannongreen
ohioctapp · 1990 · cited in 2 Ohio opinions naming this issue, 2002–2003
2 sentences

2003See Defiance v. Cannon (1990), 70 Ohio App.3d 821 , 826-27 , 592 N.E.2d 884 ; Thomas v. United States (C.A.8, 1991), 951 F.2d 902 , 905 (holding that a failure of defense counsel to raise a meritless claim does not constitute ineffective assistance).

2003See Defiance v. Cannon (1990), 70 Ohio App.3d 821 , 826-27 , 592 N.E.2d 884 ; Thomas v. United States (C.A.8, 1991), 951 F.2d 902 , 905 (holding that a failure of defense counsel to raise a meritless claim does not constitute ineffective assistance).

22
Gregory Wade Thomas v. United Statesgreen
ca8 · 1992 · cited in 8 Ohio opinions naming this issue, 2001–2004
2 sentences

2003See Defiance v. Cannon (1990), 70 Ohio App.3d 821 , 826-27 , 592 N.E.2d 884 ; Thomas v. United States (C.A.8, 1991), 951 F.2d 902 , 905 (holding that a failure of defense counsel to raise a meritless claim does not constitute ineffective assistance).

2002See Defiance v. Cannon (1990), 70 Ohio App.3d 821 , 826-27 Thomas v. United States (C.A.8, 1991), 951 F.2d 902 , 905 (holding that a failure of defense counsel to raise a meritless claim does not constitute ineffective assistance).

18
Kraly v. Vannewkirkgreen
ohio · 1994 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Thus, Pirani cannot demonstrate that he was prejudiced by the fact that defense counsel did not raise this meritless challenge at trial. {¶40} Finally, Pirani argues that we should follow the plurality opinion that decided State v. Laber, 2015-Ohio-2758 (4th Dist.) and concluded that trial counsel was ineffective, under the facts of that case, for failing to raise constitutional challenges to R.C. 2909.23.5 However, plurality opinions are not controlling law and are, therefore, of “questionable precedential value.” State v. Gwynne, 2023- Ohio-3851, ¶ 68, fn. 6, quoting Kraly v. Vannewkirk, 69

11
State v. Nicholasgreen
ohio · 1993 · cited in 1 Ohio opinions naming this issue, 2014–2014
2 sentences

2014State v. Nicholas, 66 Ohio St.3d 431, 436 , 613 N.E.2d 225 (1993) (“the failure to call an expert and instead rely on cross-examination does not constitute ineffective assistance of counsel.”) Appellate counsel was not ineffective by not raising this meritless claim. {¶12} Williams also asserts that his appellate counsel was ineffective by not assigning prosecutorial misconduct as an error.

2014State v. Nicholas, 66 Ohio St.3d 431, 436 , 613 N.E.2d 225 (1993) (“the failure to call an expert and instead rely on cross-examination does not constitute ineffective assistance of counsel.”) Appellate counsel was not ineffective by not raising this meritless claim. {¶12} Williams also asserts that his appellate counsel was ineffective by not assigning prosecutorial misconduct as an error.

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 (2)

CaseCitedYears
State v. Lee, 06ap-226 (4-3-2007) green
ohioctapp · 2007
2 sentences

2025Id. (concluding appellate counsel was not ineffective in failing to raise a meritless claim). {¶ 27} Because appellant has failed to establish that his prior appellate counsel was ineffective in failing to present an assignment of error on direct appeal asserting a claim that his speedy trial rights were violated, we overrule appellant’s second assignment of error. [O]ne of the issues that [appellant] had brought up is that there appears to have been cameras outside of his home which he had installed -- these were called Blink cameras, and that there were -- he wanted me to get his phone and d

2023Id. (concluding appellate counsel was not ineffective in failing to raise a meritless claim). {¶ 46} Because appellant has failed to establish the trial court imposed a vindictive sentence in violation of his due process rights and that his prior appellate counsel was ineffective in failing to present an assignment of error asserting that meritless claim, we overrule appellant’s single assignment of error.

22023–2025
Strickland v. Washington green
scotus · 1984
2 sentences

1992If trial counsel had no duty under Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 , to raise such an issue in that forum, appellate counsel’s performance cannot be considered deficient and prejudicial to appellant for failing to assert such a meritless claim on appeal.

1992If trial counsel had no duty under Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 , to raise such an issue in that forum, appellate counsel’s performance cannot be considered deficient and prejudicial to appellant for failing to assert such a meritless claim on appeal.

11992–1992

Where else courts name it

PA 1151 (1979–2026) FL 67 (2000–2024) IA 49 (2004–2025) IL 43 (1991–2025) CA 31 (1985–2025) NJ 22 (2017–2026) MI 18 (2012–2025) NY 15 (1983–2025) MO 14 (1992–2025) OH 13 (1992–2025) GA 12 (1990–2026) TX 11 (1987–2020) IN 11 (1991–2020) AL 11 (1986–2026) NC 7 (2008–2024) UT 6 (1989–2012) NE 6 (2006–2026) WI 6 (2018–2026) MA 5 (2005–2026) MN 5 (1968–2010) VA 5 (2021–2026) NV 4 (2018–2020) AZ 4 (1988–2015) OK 3 (2020–2021) HI 3 (2023–2024) DC 3 (2014–2018) WA 3 (2009–2018) KS 3 (2021–2022) SC 2 (2023–2024) CO 2 (1992–2013) CT 2 (2001–2006) ME 2 (1979–2012) NM 2 (1997–2018) TN 2 (1991–2010)

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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