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13 Ohio opinions name it 1 courts 2012–2026 7 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 |
|---|---|---|
Strickland v. Washingtongreen2 sentences2023We agree and the State has conceded error. {¶7} In order to prevail on a claim of ineffective assistance of counsel, Brodie must show that “counsel’s performance fell below an objective standard of reasonableness and that prejudice arose from counsel’s performance.” State v. Reynolds, 80 Ohio St.3d 670, 674 (1998), citing Strickland v. Washington, 466 U.S. 668, 687 (1984). 2013Marton’s argument is unpersuasive. {¶17} This court reviews a claim of ineffective assistance of trial counsel under the two-prong analysis set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2 |
State v. Bansobezagreen1 sentence2026See State v. Bansobeza, 2025-Ohio-2704, ¶ 100 (2d Dist.) (R.C. 2929.19(B)(2)(c) notifications still required for non-life felony indefinite prison terms even though the trial court also imposed three prison terms of life without the possibility of parole); State v. Radabaugh, 2024-Ohio-5640, ¶ 69 (3d Dist.) (a trial court must provide the R.C. 2929.19(B)(2)(c) notifications when imposing a non-life felony indefinite prison term in addition to a term of life imprisonment). {¶118} In the case at bar, because the State has conceded the error, we do not question whether the trial court’s impositio | 1 | 1 |
State v. Radabaughgreen1 sentence2026See State v. Bansobeza, 2025-Ohio-2704, ¶ 100 (2d Dist.) (R.C. 2929.19(B)(2)(c) notifications still required for non-life felony indefinite prison terms even though the trial court also imposed three prison terms of life without the possibility of parole); State v. Radabaugh, 2024-Ohio-5640, ¶ 69 (3d Dist.) (a trial court must provide the R.C. 2929.19(B)(2)(c) notifications when imposing a non-life felony indefinite prison term in addition to a term of life imprisonment). {¶118} In the case at bar, because the State has conceded the error, we do not question whether the trial court’s impositio | 1 | 1 |
State v. Hollandgreen1 sentence2025State’s Brief at p. 17, citing State v. Holland, 2023-Ohio-4834, ¶ 96-97 (2d Dist.). | 1 | 1 |
North Carolina v. Alfordgreen1 sentence2024The State has conceded error in this regard, and this Court agrees that the trial court erred. {¶7} The United States Supreme Court has recognized that “[a]n individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the 4 crime.” North Carolina v. Alford, 400 U.S. 25, 37 (1970). | 1 | 1 |
State v. Reynoldsgreen1 sentence2023We agree and the State has conceded error. {¶7} In order to prevail on a claim of ineffective assistance of counsel, Brodie must show that “counsel’s performance fell below an objective standard of reasonableness and that prejudice arose from counsel’s performance.” State v. Reynolds, 80 Ohio St.3d 670, 674 (1998), citing Strickland v. Washington, 466 U.S. 668, 687 (1984). | 1 | 1 |
State v. Lytlegreen1 sentence2012Lesser included offenses do not have to be separately charged in an indictment because “the indictment or count necessarily and simultaneously charges the defendant with lesser included offenses as well.” State v. Lytle, 49 Ohio St.3d 154, 157 (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Sprouse
green
1 sentence2024The state has conceded error pursuant to 6th Dist.Loc.App.R. 10(H) {¶ 46} “‘[S]entencing errors in the imposition of postrelease control render the sentence voidable, not void, and the sentence may be set aside if successfully challenged 18. on direct appeal.’” State v. Sprouse, 6th Lucas No. L-22-1230, 2023-Ohio-2983, ¶ 24 , quoting State v. Harper, 160 Ohio St.3d 480 , 2020-Ohio-2913 , 159 N.E.3d 248, ¶ 42 . “‘And if a court improperly imposes postrelease control on a sentence imposed on or after July 11, 2006, it may correct the sentence in accordance with the procedures set forth in R.C. 2 | 1 | 2024–2024 |
State v. Marcum (Slip Opinion)
green
1 sentence2024For the following reasons, this Court sustains Arroyo’s first assignment of error. {¶7} “[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence” that: (1) “the record does not support the trial court’s findings under relevant statutes[,]” or (2) “the sentence is otherwise contrary to law.” State v. Marcum, 2016-Ohio-1002, ¶ 1 . | 1 | 2024–2024 |
State v. Harper (Slip Opinion)
green
2 sentences2024The state has conceded error pursuant to 6th Dist.Loc.App.R. 10(H) {¶ 46} “‘[S]entencing errors in the imposition of postrelease control render the sentence voidable, not void, and the sentence may be set aside if successfully challenged 18. on direct appeal.’” State v. Sprouse, 6th Lucas No. L-22-1230, 2023-Ohio-2983, ¶ 24 , quoting State v. Harper, 160 Ohio St.3d 480 , 2020-Ohio-2913 , 159 N.E.3d 248, ¶ 42 . “‘And if a court improperly imposes postrelease control on a sentence imposed on or after July 11, 2006, it may correct the sentence in accordance with the procedures set forth in R.C. 2 2024The state has conceded error pursuant to 6th Dist.Loc.App.R. 10(H) {¶ 46} “‘[S]entencing errors in the imposition of postrelease control render the sentence voidable, not void, and the sentence may be set aside if successfully challenged 18. on direct appeal.’” State v. Sprouse, 6th Lucas No. L-22-1230, 2023-Ohio-2983, ¶ 24 , quoting State v. Harper, 160 Ohio St.3d 480 , 2020-Ohio-2913 , 159 N.E.3d 248, ¶ 42 . “‘And if a court improperly imposes postrelease control on a sentence imposed on or after July 11, 2006, it may correct the sentence in accordance with the procedures set forth in R.C. 2 | 1 | 2024–2024 |
State v. Schleiger (Slip Opinion)
green
2 sentences2024The state has conceded error pursuant to 6th Dist.Loc.App.R. 10(H) {¶ 46} “‘[S]entencing errors in the imposition of postrelease control render the sentence voidable, not void, and the sentence may be set aside if successfully challenged 18. on direct appeal.’” State v. Sprouse, 6th Lucas No. L-22-1230, 2023-Ohio-2983, ¶ 24 , quoting State v. Harper, 160 Ohio St.3d 480 , 2020-Ohio-2913 , 159 N.E.3d 248, ¶ 42 . “‘And if a court improperly imposes postrelease control on a sentence imposed on or after July 11, 2006, it may correct the sentence in accordance with the procedures set forth in R.C. 2 2024The state has conceded error pursuant to 6th Dist.Loc.App.R. 10(H) {¶ 46} “‘[S]entencing errors in the imposition of postrelease control render the sentence voidable, not void, and the sentence may be set aside if successfully challenged 18. on direct appeal.’” State v. Sprouse, 6th Lucas No. L-22-1230, 2023-Ohio-2983, ¶ 24 , quoting State v. Harper, 160 Ohio St.3d 480 , 2020-Ohio-2913 , 159 N.E.3d 248, ¶ 42 . “‘And if a court improperly imposes postrelease control on a sentence imposed on or after July 11, 2006, it may correct the sentence in accordance with the procedures set forth in R.C. 2 | 1 | 2024–2024 |
State v. Howard (Slip Opinion)
green
2 sentences2021Howard, 162 Ohio St.3d 314 , 2020-Ohio-3195, at ¶ 23-25 . 2021Howard, 162 Ohio St.3d 314 , 2020-Ohio-3195, at ¶ 23-25 . | 1 | 2021–2021 |
State v. Churchill
neutral
1 sentence2020No. 16AP- 763, 2017-Ohio-2875, ¶ 16 . {¶ 13} Here, the State has conceded error and accepts that the revocation entry only awards 64 days of jail-time credit, but that Harwell really should have been awarded a total of 169 days—"64 days in addition to the initial 105 days of jail-time credit he was awarded as part of the original sentencing entry." Harwell, by contrast, argues that he was actually entitled to an additional 107 days over and above that. | 1 | 2020–2020 |
State v. Jordan
green
1 sentence2019We agree. {¶25} “It is settled that ‘a trial court has a statutory duty to provide notice of postrelease control at the sentencing hearing’ and that ‘any sentence imposed without such notification is contrary to law.’” State v. Grimes, 151 Ohio St.3d 19 , 2017-Ohio-2927, ¶ 8 , quoting State v. 9 Jordan, 104 Ohio St.3d 21 , 2004-Ohio-6085 , ¶ 23. | 1 | 2019–2019 |
State v. Grimes (Slip Opinion)
green
1 sentence2019We agree. {¶25} “It is settled that ‘a trial court has a statutory duty to provide notice of postrelease control at the sentencing hearing’ and that ‘any sentence imposed without such notification is contrary to law.’” State v. Grimes, 151 Ohio St.3d 19 , 2017-Ohio-2927, ¶ 8 , quoting State v. 9 Jordan, 104 Ohio St.3d 21 , 2004-Ohio-6085 , ¶ 23. | 1 | 2019–2019 |
State v. Johnson
neutral
1 sentence2017Champaign No. 2015-CA- 38, 2016-Ohio-7801 , ___ N.E.3d ___, and State v. Johnson, 2016-Ohio-5160 , 69 N.E.3d 176 (2d Dist.), which clarified and extended our prior decision in State v. Springs, 2015- Ohio-5016, 53 N.E.3d 804 (2d Dist.). | 1 | 2017–2017 |
State v. Rogers
green
2 sentences2017As such, Austin has not shown that there exists "a reasonable probability that [his] convictions are for allied offenses of similar import committed with the same conduct * * *." Rogers , 143 Ohio St.3d 385 , 2015-Ohio-2459 , 38 N.E.3d 860 , at ¶ 3. {¶ 37} Austin's fifth assignment of error is sustained only to the extent that the State has conceded error. 2017As such, Austin has not shown that there exists "a reasonable probability that [his] convictions are for allied offenses of similar import committed with the same conduct * * *." Rogers , 143 Ohio St.3d 385 , 2015-Ohio-2459 , 38 N.E.3d 860 , at ¶ 3. {¶ 37} Austin's fifth assignment of error is sustained only to the extent that the State has conceded error. | 1 | 2017–2017 |
State v. Kloeker
neutral
1 sentence2017Champaign No. 2015-CA- 38, 2016-Ohio-7801 , ___ N.E.3d ___, and State v. Johnson, 2016-Ohio-5160 , 69 N.E.3d 176 (2d Dist.), which clarified and extended our prior decision in State v. Springs, 2015- Ohio-5016, 53 N.E.3d 804 (2d Dist.). | 1 | 2017–2017 |
State v. Evans
green
2 sentences2012The State has conceded this error. {¶4} When a court considers whether one offense is a lesser included offense of another, it must consider three factors: (1) whether the penalty of one offense is greater than the other, (2) whether the greater offense includes an element that need not be proved with respect to the latter, and (3) “whether the greater offense as statutorily defined cannot be committed without the lesser offense as statutorily defined also being committed.” State v. Evans, 122 Ohio St.3d 381 , 2009-Ohio-2974 , paragraph two of the syllabus. 2012The State has conceded this error. {¶4} When a court considers whether one offense is a lesser included offense of another, it must consider three factors: (1) whether the penalty of one offense is greater than the other, (2) whether the greater offense includes an element that need not be proved with respect to the latter, and (3) “whether the greater offense as statutorily defined cannot be committed without the lesser offense as statutorily defined also being committed.” State v. Evans, 122 Ohio St.3d 381 , 2009-Ohio-2974 , paragraph two of the syllabus. | 1 | 2012–2012 |
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.