13 Ohio opinions name it 2 courts 1996–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Maysegreen2 sentences2025The Cooper Court also relied on the Third District’s holding in State v. Mayse, 2017-Ohio-1483, ¶ 13 (3d Dist.), that “where counsel did not seek to use all peremptory challenges, ‘he has not shown that there was a constitutional violation by a denial of a challenge for cause.’” Id. {¶28} In the instant case, the record shows that defense counsel did not exercise all of their peremptory challenges. 2025The Cooper Court also relied on the Third District’s holding in State v. Mayse, 2017-Ohio-1483, ¶ 13 (3d Dist.), that “where counsel did not seek to use all peremptory challenges, ‘he has not shown that there was a constitutional violation by a denial of a challenge for cause.’” Id. {¶28} In the instant case, the record shows that defense counsel did not exercise all of their peremptory challenges. | 1 | 1 |
State v. Davisgreen1 sentence2014See Ramey, 132 Ohio St.3d 309 , 2012-Ohio-2904 at ¶ 30 , discussing State v. Davis, 46 Ohio St.2d 444, 449 ("when defense counsel merely acquiesces in a trial date but does not affirmatively lodge -9- Warren CA2013-02-017 a motion for a continuance, the continuance is entered 'other than upon the accused's own motion' and, under the second clause of R.C. 2945.72[H], must be reasonable"). | 1 | 1 |
State v. Bradleygreen2 sentences2014Accord State v. Bradley, 42 Ohio St.3d 136 , 538 N.E.2d 373 (1989), paragraph two of the syllabus. {¶ 113} Contrary to Neyland’s claim, the record shows that defense counsel filed a pretrial motion asking that Neyland appear at all proceedings without restraints. 2014Accord State v. Bradley, 42 Ohio St.3d 136 , 538 N.E.2d 373 (1989), paragraph two of the syllabus. {¶ 113} Contrary to Neyland’s claim, the record shows that defense counsel filed a pretrial motion asking that Neyland appear at all proceedings without restraints. | 1 | 1 |
Wisehart v. Stategreen2 sentences2014See Hunter, 131 Ohio St.3d 67 , 2011-Ohio-6524 , 960 N.E.2d 955 , at ¶ 39-40; People v. Williams, 56 Cal.4th 630, 691-692 , 156 Cal.Rptr.3d 214 , 299 P.3d 1185 (2013) (although defense counsel never handled a capital case that included a penalty phase, this does not in and of itself establish deficient performance); Wisehart v. State, 693 N.E.2d 23, 43 (Ind.1998) (inexperience per se not sufficient to establish ineffective assistance of counsel). {¶ 216} The record shows that defense counsel employed a clinical psychologist, Dr. Fabian, who was a mitigation expert, an investigator secured thro 2014See Hunter, 131 Ohio St.3d 67 , 2011-Ohio-6524 , 960 N.E.2d 955 , at ¶ 39-40; People v. Williams, 56 Cal.4th 630, 691-692 , 156 Cal.Rptr.3d 214 , 299 P.3d 1185 (2013) (although defense counsel never handled a capital case that included a penalty phase, this does not in and of itself establish deficient performance); Wisehart v. State, 693 N.E.2d 23, 43 (Ind.1998) (inexperience per se not sufficient to establish ineffective assistance of counsel). {¶ 216} The record shows that defense counsel employed a clinical psychologist, Dr. Fabian, who was a mitigation expert, an investigator secured thro | 1 | 1 |
State v. Huntergreen2 sentences2014See Hunter, 131 Ohio St.3d 67 , 2011-Ohio-6524 , 960 N.E.2d 955 , at ¶ 39-40; People v. Williams, 56 Cal.4th 630, 691-692 , 156 Cal.Rptr.3d 214 , 299 P.3d 1185 (2013) (although defense counsel never handled a capital case that included a penalty phase, this does not in and of itself establish deficient performance); Wisehart v. State, 693 N.E.2d 23, 43 (Ind.1998) (inexperience per se not sufficient to establish ineffective assistance of counsel). {¶ 216} The record shows that defense counsel employed a clinical psychologist, Dr. Fabian, who was a mitigation expert, an investigator secured thro 2014See Hunter, 131 Ohio St.3d 67 , 2011-Ohio-6524 , 960 N.E.2d 955 , at ¶ 39-40; People v. Williams, 56 Cal.4th 630, 691-692 , 156 Cal.Rptr.3d 214 , 299 P.3d 1185 (2013) (although defense counsel never handled a capital case that included a penalty phase, this does not in and of itself establish deficient performance); Wisehart v. State, 693 N.E.2d 23, 43 (Ind.1998) (inexperience per se not sufficient to establish ineffective assistance of counsel). {¶ 216} The record shows that defense counsel employed a clinical psychologist, Dr. Fabian, who was a mitigation expert, an investigator secured thro | 1 | 1 |
State v. Rameygreen2 sentences2014See Ramey, 132 Ohio St.3d 309 , 2012-Ohio-2904 at ¶ 30 , discussing State v. Davis, 46 Ohio St.2d 444, 449 ("when defense counsel merely acquiesces in a trial date but does not affirmatively lodge -9- Warren CA2013-02-017 a motion for a continuance, the continuance is entered 'other than upon the accused's own motion' and, under the second clause of R.C. 2945.72[H], must be reasonable"). 2014See Ramey, 132 Ohio St.3d 309 , 2012-Ohio-2904 at ¶ 30 , discussing State v. Davis, 46 Ohio St.2d 444, 449 ("when defense counsel merely acquiesces in a trial date but does not affirmatively lodge -9- Warren CA2013-02-017 a motion for a continuance, the continuance is entered 'other than upon the accused's own motion' and, under the second clause of R.C. 2945.72[H], must be reasonable"). | 1 | 1 |
State v. Foustgreen2 sentences2007See State v. Foust, 105 Ohio St.3d 137 , 2004-Ohio-7006 , 823 N.E.2d 836, ¶ 97-98 . 13. 2007See State v. Foust, 105 Ohio St.3d 137 , 2004-Ohio-7006 , 823 N.E.2d 836, ¶ 97-98 . 13. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2022But “strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.” Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . {¶ 244} Nothing in the record shows that defense counsel did not conduct an adequate investigation. 2022But “strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.” Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . {¶ 244} Nothing in the record shows that defense counsel did not conduct an adequate investigation. | 2 | 2020–2022 |
Murphy v. Florida
green
2 sentences1996Cf. Murphy v. Florida (1975), 421 U.S. 794, 803 , 95 S.Ct. 2031, 2037 , 44 L.Ed.2d 589, 596 ; and State v. Thompson (1987), 33 Ohio St.3d 1, 5 , 514 N.E.2d 407, 413 . 1996Cf. Murphy v. Florida (1975), 421 U.S. 794, 803 , 95 S.Ct. 2031, 2037 , 44 L.Ed.2d 589, 596 ; and State v. Thompson (1987), 33 Ohio St.3d 1, 5 , 514 N.E.2d 407, 413 . | 2 | 1996–1996 |
State v. Thompson
green
2 sentences1996Cf. Murphy v. Florida (1975), 421 U.S. 794, 803 , 95 S.Ct. 2031, 2037 , 44 L.Ed.2d 589, 596 ; and State v. Thompson (1987), 33 Ohio St.3d 1, 5 , 514 N.E.2d 407, 413 . 1996Cf. Murphy v. Florida (1975), 421 U.S. 794, 803 , 95 S.Ct. 2031, 2037 , 44 L.Ed.2d 589, 596 ; and State v. Thompson (1987), 33 Ohio St.3d 1, 5 , 514 N.E.2d 407, 413 . | 2 | 1996–1996 |
Wiggins v. Smith, Warden
green
2 sentences2020But “ ‘strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.’ ” Wiggins v. Smith, 539 U.S. 510, 521 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003), quoting Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . {¶ 140} As an initial matter, nothing in the record shows that defense counsel did not conduct an adequate investigation. 2020But “ ‘strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.’ ” Wiggins v. Smith, 539 U.S. 510, 521 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003), quoting Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . {¶ 140} As an initial matter, nothing in the record shows that defense counsel did not conduct an adequate investigation. | 1 | 2020–2020 |
Lake Ridge Academy v. Carney
green
2 sentences2019Lake Ridge Academy, 66 Ohio St.3d 376 , 613 N.E.2d 183 . 2019Lake Ridge Academy, 66 Ohio St.3d 376 , 613 N.E.2d 183 . | 1 | 2019–2019 |
State v. Rusnak
green
1 sentence2017No. 15 JE 0002, 2016-Ohio-7820, ¶ 8 , citing Jones II at ¶ 18 (noting "[t]he state has no duty to present evidence justifying a delay until the defendant establishes actual prejudice"). {¶ 69} In the present case, appellant asserts that the record shows his defense was prejudiced by pre-indictment delay in the following five respects: (1) at the time of trial, V.G. was no longer a crack addict and, therefore, she "almost certainly" presented herself as a more credible and reliable witness in 2015 than she would have in 1995, (2) T.L. "probably" presented herself as a more credible and reliable | 1 | 2017–2017 |
People v. Williams
green
2 sentences2014See Hunter, 131 Ohio St.3d 67 , 2011-Ohio-6524 , 960 N.E.2d 955 , at ¶ 39-40; People v. Williams, 56 Cal.4th 630, 691-692 , 156 Cal.Rptr.3d 214 , 299 P.3d 1185 (2013) (although defense counsel never handled a capital case that included a penalty phase, this does not in and of itself establish deficient performance); Wisehart v. State, 693 N.E.2d 23, 43 (Ind.1998) (inexperience per se not sufficient to establish ineffective assistance of counsel). {¶ 216} The record shows that defense counsel employed a clinical psychologist, Dr. Fabian, who was a mitigation expert, an investigator secured thro 2014See Hunter, 131 Ohio St.3d 67 , 2011-Ohio-6524 , 960 N.E.2d 955 , at ¶ 39-40; People v. Williams, 56 Cal.4th 630, 691-692 , 156 Cal.Rptr.3d 214 , 299 P.3d 1185 (2013) (although defense counsel never handled a capital case that included a penalty phase, this does not in and of itself establish deficient performance); Wisehart v. State, 693 N.E.2d 23, 43 (Ind.1998) (inexperience per se not sufficient to establish ineffective assistance of counsel). {¶ 216} The record shows that defense counsel employed a clinical psychologist, Dr. Fabian, who was a mitigation expert, an investigator secured thro | 1 | 2014–2014 |
State v. Treesh
green
2 sentences2014The decision of whether or not to call a particular defense witness “falls within the rubric of trial strategy and will not be second-guessed by a reviewing court.” State v. Were, 118 Ohio St.3d 448 , 2008-Ohio-2762 , 980 N.E.2d 263 , ¶ 222, quoting State v. Treesh, 90 Ohio St.3d 460, 490 , 739 N.E.2d 749 (2001). {¶ 37} The record shows that defense counsel conducted an in-depth cross- examination of each of the witnesses named by appellant with the exception of Prince 15. and Myers, who did not testify at trial. 2014The decision of whether or not to call a particular defense witness “falls within the rubric of trial strategy and will not be second-guessed by a reviewing court.” State v. Were, 118 Ohio St.3d 448 , 2008-Ohio-2762 , 980 N.E.2d 263 , ¶ 222, quoting State v. Treesh, 90 Ohio St.3d 460, 490 , 739 N.E.2d 749 (2001). {¶ 37} The record shows that defense counsel conducted an in-depth cross- examination of each of the witnesses named by appellant with the exception of Prince 15. and Myers, who did not testify at trial. | 1 | 2014–2014 |
State v. Were
green
1 sentence2014The decision of whether or not to call a particular defense witness “falls within the rubric of trial strategy and will not be second-guessed by a reviewing court.” State v. Were, 118 Ohio St.3d 448 , 2008-Ohio-2762 , 980 N.E.2d 263 , ¶ 222, quoting State v. Treesh, 90 Ohio St.3d 460, 490 , 739 N.E.2d 749 (2001). {¶ 37} The record shows that defense counsel conducted an in-depth cross- examination of each of the witnesses named by appellant with the exception of Prince 15. and Myers, who did not testify at trial. | 1 | 2014–2014 |
Freshwater v. Mt. Vernon City School Dist. Bd. of Edn.
green
2 sentences2013The Referee also admitted approximately three hundred fifty (350) exhibits into evidence.” What followed in the trial court’s entry was exactly zero (0) analysis of the referee’s report upon which the board based its termination resolution. {¶ 133} The appellate court stated that “[a] review of the record shows that a hearing spanning nearly two years was conducted, testimony from over 80 witnesses was received, a transcript of over 6,000 pages was produced, and approximately 350 exhibits were admitted into evidence.” 2012-Ohio-889 at ¶ 31 . 2013The Referee also admitted approximately three hundred fifty (350) exhibits into evidence.” What followed in the trial court’s entry was exactly zero (0) analysis of the referee’s report upon which the board based its termination resolution. {¶ 133} The appellate court stated that “[a] review of the record shows that a hearing spanning nearly two years was conducted, testimony from over 80 witnesses was received, a transcript of over 6,000 pages was produced, and approximately 350 exhibits were admitted into evidence.” 2012-Ohio-889 , 2012 WL 714392 , at ¶ 31. | 1 | 2013–2013 |
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.
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.