context of reviewing claim (Ohio) · Go Syfert
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context of reviewing claim in Ohio

13 Ohio opinions name it 1 courts 2005–2024 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 (5)

CaseFollowedCited
William Brown, Jr. v. United Statesgreen
cadc · 1959 · cited in 9 Ohio opinions naming this issue, 2005–2024
2 sentences

2024In State v. Cowans, 1999-Ohio-250 , the Supreme Court of Ohio noted: [Cite as State v. Woodley, 2024-Ohio-2538 .] Columbiana County, Case No. 2023-CO-48 10 "A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism." Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . " 'If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.

2017In State v. Cowans (1999), 87 Ohio St.3d 68 , 1999-Ohio-250 , 717 N.E.2d 298 the Court noted: “[e]ven if counsel had explored plea options based on a belief that Cowans might be guilty, counsel's belief in their client's guilt is not good cause for substitution.” “A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism.” Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . “‘If the rule were ot

79
State v. Cowansgreen
ohio · 1999 · cited in 10 Ohio opinions naming this issue, 2005–2017
2 sentences

2017In State v. Cowans (1999), 87 Ohio St.3d 68 , 1999-Ohio-250 , 717 N.E.2d 298 the Court noted: “[e]ven if counsel had explored plea options based on a belief that Cowans might be guilty, counsel's belief in their client's guilt is not good cause for substitution.” “A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism.” Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . “‘If the rule were ot

2017In State v. Cowans (1999), 87 Ohio St.3d 68 , 1999-Ohio-250 , 717 N.E.2d 298 the Court noted: “[e]ven if counsel had explored plea options based on a belief that Cowans might be guilty, counsel's belief in their client's guilt is not good cause for substitution.” “A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism.” Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . “‘If the rule were ot

110
Thomas McKee v. David Harris, Superintendent, Green Haven Correctional Facility, Stormville, New Yorkgreen
ca2 · 1981 · cited in 9 Ohio opinions naming this issue, 2005–2024
2 sentences

2024In State v. Cowans, 1999-Ohio-250 , the Supreme Court of Ohio noted: [Cite as State v. Woodley, 2024-Ohio-2538 .] Columbiana County, Case No. 2023-CO-48 10 "A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism." Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . " 'If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.

2024In State v. Cowans, 1999-Ohio-250 , the Supreme Court of Ohio noted: [Cite as State v. Woodley, 2024-Ohio-2538 .] Columbiana County, Case No. 2023-CO-48 10 "A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism." Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . " 'If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.

19
McKee v. Harrisgreen
nysd · 1980 · cited in 9 Ohio opinions naming this issue, 2005–2024
2 sentences

2024In State v. Cowans, 1999-Ohio-250 , the Supreme Court of Ohio noted: [Cite as State v. Woodley, 2024-Ohio-2538 .] Columbiana County, Case No. 2023-CO-48 10 "A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism." Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . " 'If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.

2017In State v. Cowans (1999), 87 Ohio St.3d 68 , 1999-Ohio-250 , 717 N.E.2d 298 the Court noted: “[e]ven if counsel had explored plea options based on a belief that Cowans might be guilty, counsel's belief in their client's guilt is not good cause for substitution.” “A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism.” Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . “‘If the rule were ot

19
State v. Burroughs, Unpublished Decision (9-8-2004)green
ohioctapp · 2004 · cited in 5 Ohio opinions naming this issue, 2005–2016
2 sentences

2016Delaware No. 04CAC03018, 2004-Ohio-4769, ¶ 11 . {¶16} In the context of reviewing a claim by the defendant that the trial court abused its discretion by overruling the defendant’s request to discharge court appointed counsel and to substitute new counsel for the defendant the courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court’s decision.

2011No. 04CAC03018, 2004-Ohio-4769 at ¶ 11 . {¶ 13} In the context of reviewing a claim by the defendant that the trial court abused its discretion by overruling the defendant’s request to discharge court appointed counsel and to substitute new counsel for the defendant the courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court’s decision.

15

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 (7)

CaseCitedYears
State v. Cowans green
ohio · 1999
2 sentences

2024In State v. Cowans, 1999-Ohio-250 , the Supreme Court of Ohio noted: [Cite as State v. Woodley, 2024-Ohio-2538 .] Columbiana County, Case No. 2023-CO-48 10 "A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism." Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . " 'If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.

2017In State v. Cowans (1999), 87 Ohio St.3d 68 , 1999-Ohio-250 , 717 N.E.2d 298 the Court noted: “[e]ven if counsel had explored plea options based on a belief that Cowans might be guilty, counsel's belief in their client's guilt is not good cause for substitution.” “A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism.” Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . “‘If the rule were ot

112005–2024
AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp. green
ohio · 1990
1 sentence

2024"It is not enough that the reviewing court, were it deciding the issue de novo, would not have found that reasoning process to be persuasive, perhaps in view of countervailing reasoning processes that would support a contrary result." Id. {¶ 27} In the context of reviewing a claim by a defendant that the trial court abused its discretion by overruling the defendant's request to discharge court appointed counsel and to substitute new counsel for the defendant, it is well established that a defendant must show a complete breakdown in communication in order to warrant a reversal of the trial cour

12024–2024
State v. Woodley green
ohioctapp · 2024
1 sentence

2024In State v. Cowans, 1999-Ohio-250 , the Supreme Court of Ohio noted: [Cite as State v. Woodley, 2024-Ohio-2538 .] Columbiana County, Case No. 2023-CO-48 10 "A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism." Brown v. United States (C.A.D.C.1959), 264 F.2d 363, 369 (en banc), quoted in McKee v. Harris (C.A.2, 1981), 649 F.2d 927, 932 . " 'If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.

12024–2024
State v. Clayton green
ohio · 1980
2 sentences

2020State v. Clayton, 62 Ohio St.2d 45, 49 , 402 N.E.2d 1189 (1980), citing People v. Miller 7 Cal.3d 562 , 573- 574, 102 Cal.Rptr. 841 , 498 P.2d 1089 (1972); State v. Wiley, 10th Dist. No. 03AP-340, 2004- Ohio-1008, ¶ 21. {¶45} In the context of reviewing a claim by the defendant that the trial court abused its discretion by overruling the defendant’s request to discharge court appointed counsel and to substitute new counsel for the defendant the courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court’s d

2020State v. Clayton, 62 Ohio St.2d 45, 49 , 402 N.E.2d 1189 (1980), citing People v. Miller 7 Cal.3d 562 , 573- 574, 102 Cal.Rptr. 841 , 498 P.2d 1089 (1972); State v. Wiley, 10th Dist. No. 03AP-340, 2004- Ohio-1008, ¶ 21. {¶45} In the context of reviewing a claim by the defendant that the trial court abused its discretion by overruling the defendant’s request to discharge court appointed counsel and to substitute new counsel for the defendant the courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court’s d

12020–2020
People v. Miller green
cal · 1972
2 sentences

2020State v. Clayton, 62 Ohio St.2d 45, 49 , 402 N.E.2d 1189 (1980), citing People v. Miller 7 Cal.3d 562 , 573- 574, 102 Cal.Rptr. 841 , 498 P.2d 1089 (1972); State v. Wiley, 10th Dist. No. 03AP-340, 2004- Ohio-1008, ¶ 21. {¶45} In the context of reviewing a claim by the defendant that the trial court abused its discretion by overruling the defendant’s request to discharge court appointed counsel and to substitute new counsel for the defendant the courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court’s d

2020State v. Clayton, 62 Ohio St.2d 45, 49 , 402 N.E.2d 1189 (1980), citing People v. Miller 7 Cal.3d 562 , 573- 574, 102 Cal.Rptr. 841 , 498 P.2d 1089 (1972); State v. Wiley, 10th Dist. No. 03AP-340, 2004- Ohio-1008, ¶ 21. {¶45} In the context of reviewing a claim by the defendant that the trial court abused its discretion by overruling the defendant’s request to discharge court appointed counsel and to substitute new counsel for the defendant the courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court’s d

12020–2020
Morris v. Slappy green
scotus · 1983
2 sentences

2013No. 2011-CA-007, 2011-Ohio-5607, ¶ 12 , citing Morris v. Slappy, 461 U.S. 1, 13 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983). {¶54} In the context of reviewing a claim by a defendant that the trial court abused its discretion by overruling the defendant's request to discharge court-appointed counsel and to substitute new counsel, courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court's decision.

2013No. 2011-CA-007, 2011-Ohio-5607, ¶ 12 , citing Morris v. Slappy, 461 U.S. 1, 13 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983). {¶54} In the context of reviewing a claim by a defendant that the trial court abused its discretion by overruling the defendant's request to discharge court-appointed counsel and to substitute new counsel, courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court's decision.

12013–2013
State v. Swogger neutral
ohioctapp · 2011
2 sentences

2013Swogger, supra, 2011-Ohio-5607 at ¶ 13 .

2013No. 2011-CA-007, 2011-Ohio-5607, ¶ 12 , citing Morris v. Slappy, 461 U.S. 1, 13 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983). {¶54} In the context of reviewing a claim by a defendant that the trial court abused its discretion by overruling the defendant's request to discharge court-appointed counsel and to substitute new counsel, courts have taken the approach that the defendant must show a complete breakdown in communication in order to warrant a reversal of the trial court's decision.

12013–2013

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2151.353 (3) OH § Ohio Rev. Code § 2151.413 (3) OH § Ohio Rev. Code § 2151.414 (3)

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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