detention hearing (Ohio) · Go Syfert
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detention hearing in Ohio

12 Ohio opinions name it 3 courts 1896–2025 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.

Followed or applied (8)

CaseFollowedCited
State ex rel. Plain Dealer Publishing Co. v. Geauga County Court of Common Pleasgreen
ohio · 2000 · cited in 3 Ohio opinions naming this issue, 2001–2006
2 sentences

2006See Plain Dealer, 90 Ohio St.3d at 86-87, 734 N.E.2d 1214 (juvenile court judge abused his discretion in closing delinquency proceeding when the movant did not introduce any evidence in support of closure); Louden, 91 Ohio St.3d at 65 , 741 N.E.2d 517 , quoting Plain Dealer, 90 Ohio St.3d at 87, 734 N.E.2d 1214 (“Judge Louden did not hear evidence and argument on the issue of closing the detention hearing and did not make the requisite findings before adjudicating the issue in an informal, off-the-record procedure. * * * In the absence of the foregoing, Judge Louden’s closure of the detention

2006See Plain Dealer, 90 Ohio St.3d at 86-87, 734 N.E.2d 1214 (juvenile court judge abused his discretion in closing delinquency proceeding when the movant did not introduce any evidence in support of closure); Louden, 91 Ohio St.3d at 65 , 741 N.E.2d 517 , quoting Plain Dealer, 90 Ohio St.3d at 87, 734 N.E.2d 1214 (“Judge Louden did not hear evidence and argument on the issue of closing the detention hearing and did not make the requisite findings before adjudicating the issue in an informal, off-the-record procedure. * * * In the absence of the foregoing, Judge Louden’s closure of the detention

23
State v. Williamsgreen
ohioctapp · 1992 · cited in 2 Ohio opinions naming this issue, 1994–2023
2 sentences

2023See, e.g., Tallmadge v. McCoy, 96 Ohio App.3d 604, 610 , 645 N.E.2d 802 (9th Dist.1994) (“When an officer, after a lawful stop, observes that the driver has glassy, bloodshot eyes, a strong odor of alcohol on his breath, and is able to perform physical coordination tests only poorly, probable cause exists both for the detention for inquiry and the subsequent arrest for driving under the influence of alcohol.”), citing State v. Williams, 83 Ohio App.3d 536, 539 , 615 N.E.2d 317 (3d Dist.1992) (“When an officer, upon lawfully stopping an automobile driver, observes that the driver has glassy, bl

2023See, e.g., Tallmadge v. McCoy, 96 Ohio App.3d 604, 610 , 645 N.E.2d 802 (9th Dist.1994) (“When an officer, after a lawful stop, observes that the driver has glassy, bloodshot eyes, a strong odor of alcohol on his breath, and is able to perform physical coordination tests only poorly, probable cause exists both for the detention for inquiry and the subsequent arrest for driving under the influence of alcohol.”), citing State v. Williams, 83 Ohio App.3d 536, 539 , 615 N.E.2d 317 (3d Dist.1992) (“When an officer, upon lawfully stopping an automobile driver, observes that the driver has glassy, bl

12
State ex rel. Dispatch Printing Co. v. Liasgreen
ohio · 1994 · cited in 2 Ohio opinions naming this issue, 2001–2001
2 sentences

2001In the absence of the foregoing, Judge Louden’s closure of the detention hearing was unjustified and constituted “little more than [his] personal predilections.” Plain Dealer, 90 Ohio St.3d at 87 , 734 N.E.2d at 1221 ; Lias, 68 Ohio St.3d at 504 , 628 N.E.2d at 1373 (parties and those who have an interest in the cause must have an active and meaningful role in closure hearing).

2001In the absence of the foregoing, Judge Louden’s closure of the detention hearing was unjustified and constituted “little more than [his] personal predilections.” Plain Dealer, 90 Ohio St.3d at 87 , 734 N.E.2d at 1221 ; Lias, 68 Ohio St.3d at 504 , 628 N.E.2d at 1373 (parties and those who have an interest in the cause must have an active and meaningful role in closure hearing).

12
State v. Farleygreen
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023Columbiana No. 95-C-9, 1996 Ohio App. LEXIS 2464 , 6-7 (June 13, 1996) (holding that there was probable cause to arrest defendant for driving while under the influence of alcohol where officer testified that he could smell a strong odor of alcohol on defendant’s breath, that defendant’s eyes were bloodshot and glassy and that the defendant failed two out of three field sobriety tests); see also State v. Farey, 2018-Ohio-1466 , 110 N.E.3d 960, ¶ 34 (5th Dist.) (it was not necessary for officer to observe poor driving performance in order to place appellant under arrest for driving under the inf

11
City of Tallmadge v. McCoygreen
ohioctapp · 1994 · cited in 1 Ohio opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Tallmadge v. McCoy, 96 Ohio App.3d 604, 610 , 645 N.E.2d 802 (9th Dist.1994) (“When an officer, after a lawful stop, observes that the driver has glassy, bloodshot eyes, a strong odor of alcohol on his breath, and is able to perform physical coordination tests only poorly, probable cause exists both for the detention for inquiry and the subsequent arrest for driving under the influence of alcohol.”), citing State v. Williams, 83 Ohio App.3d 536, 539 , 615 N.E.2d 317 (3d Dist.1992) (“When an officer, upon lawfully stopping an automobile driver, observes that the driver has glassy, bl

2023See, e.g., Tallmadge v. McCoy, 96 Ohio App.3d 604, 610 , 645 N.E.2d 802 (9th Dist.1994) (“When an officer, after a lawful stop, observes that the driver has glassy, bloodshot eyes, a strong odor of alcohol on his breath, and is able to perform physical coordination tests only poorly, probable cause exists both for the detention for inquiry and the subsequent arrest for driving under the influence of alcohol.”), citing State v. Williams, 83 Ohio App.3d 536, 539 , 615 N.E.2d 317 (3d Dist.1992) (“When an officer, upon lawfully stopping an automobile driver, observes that the driver has glassy, bl

11
State v. Fareygreen
ohctapp5stark · 2018 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023Columbiana No. 95-C-9, 1996 Ohio App. LEXIS 2464 , 6-7 (June 13, 1996) (holding that there was probable cause to arrest defendant for driving while under the influence of alcohol where officer testified that he could smell a strong odor of alcohol on defendant’s breath, that defendant’s eyes were bloodshot and glassy and that the defendant failed two out of three field sobriety tests); see also State v. Farey, 2018-Ohio-1466 , 110 N.E.3d 960, ¶ 34 (5th Dist.) (it was not necessary for officer to observe poor driving performance in order to place appellant under arrest for driving under the inf

11
Burchett v. Kiefergreen
ca6 · 2002 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019Id. at 617; see also Burchett v. Kiefer, 310 F.3d 937, 944 (6th Cir.2002) (“officers act within their Summers powers when they detain an individual who approaches a property being searched pursuant to a warrant, pauses at the property line, and flees when the officers instruct him to get down”); United States v. Jennings, 544 F.3d 815 , 818–19 (7th Cir.2008) (detaining an individual who drove up and parked next to an apartment while it was being searched was “a logical extension of the rule of Summers” in order to ensure the safety of the officers engaged in the search and to protect the valid

11
Ridenour v. Schwartzgreen
ariz · 1994 · cited in 1 Ohio opinions naming this issue, 2001–2001
2 sentences

2001See Ridenour v. Schwartz (1994), 179 Ariz. 1, 4 , 875 P.2d 1306, 1309 . {¶ 20} Based on the foregoing, Judge Louden abused his discretion by closing the detention hearing and barring the Dispatch from the courthouse without any motion for closure, hearing on the issue, and the required findings.

2001See Ridenour v. Schwartz (1994), 179 Ariz. 1, 4 , 875 P.2d 1306, 1309 . {¶ 20} Based on the foregoing, Judge Louden abused his discretion by closing the detention hearing and barring the Dispatch from the courthouse without any motion for closure, hearing on the issue, and the required findings.

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 (9)

CaseCitedYears
In re Humphrey green
cal · 2021
1 sentence

2025It further held that, in situations where a court determines that a money bail is “reasonably necessary,” a court must “consider the individual arrestee’s ability to pay, along with the seriousness of the charged offense and the arrestee’s criminal record, and—unless there is a valid basis for detention—set bail at a level the arrestee can reasonably afford.” Id. at 154 . 12 OHIO FIRST DISTRICT COURT OF APPEALS a right to counsel at the detention hearing. 18 U.S.C. § 3142 (f).

12025–2025
Ross v. Saros green
ohio · 2003
1 sentence

2020Analysis {¶ 8} To prevail on a habeas corpus claim alleging that a trial court lacked subject-matter jurisdiction, a habeas petitioner must establish that the lack of jurisdiction was “patent and unambiguous.” Ross v. Saros, 99 Ohio St.3d 412 , 792 N.E.2d 11, ¶ 14 . {¶ 9} In proposition of law No. I, Stever argues that the court of common pleas had not acquired subject-matter jurisdiction, because he had not been placed into juvenile custody, a juvenile complaint had not been filed, and there had been no bindover hearing before his case was transferred to the court of common pleas.

12020–2020
Bailey v. United States green
scotus · 2013
2 sentences

2019Id. at 617; see also Burchett v. Kiefer, 310 F.3d 937, 944 (6th Cir.2002) (“officers act within their Summers powers when they detain an individual who approaches a property being searched pursuant to a warrant, pauses at the property line, and flees when the officers instruct him to get down”); United States v. Jennings, 544 F.3d 815 , 818–19 (7th Cir.2008) (detaining an individual who drove up and parked next to an apartment while it was being searched was “a logical extension of the rule of Summers” in order to ensure the safety of the officers engaged in the search and to protect the valid

2019Id. at 617; see also Burchett v. Kiefer, 310 F.3d 937, 944 (6th Cir.2002) (“officers act within their Summers powers when they detain an individual who approaches a property being searched pursuant to a warrant, pauses at the property line, and flees when the officers instruct him to get down”); United States v. Jennings, 544 F.3d 815 , 818–19 (7th Cir.2008) (detaining an individual who drove up and parked next to an apartment while it was being searched was “a logical extension of the rule of Summers” in order to ensure the safety of the officers engaged in the search and to protect the valid

12019–2019
United States v. Jennings green
ca7 · 2008
1 sentence

2019Id. at 617; see also Burchett v. Kiefer, 310 F.3d 937, 944 (6th Cir.2002) (“officers act within their Summers powers when they detain an individual who approaches a property being searched pursuant to a warrant, pauses at the property line, and flees when the officers instruct him to get down”); United States v. Jennings, 544 F.3d 815 , 818–19 (7th Cir.2008) (detaining an individual who drove up and parked next to an apartment while it was being searched was “a logical extension of the rule of Summers” in order to ensure the safety of the officers engaged in the search and to protect the valid

12019–2019
Disciplinary Counsel v. Medley green
ohio · 2004
1 sentence

2007But as outrageous as was the misconduct in Karto , it is exceeded in depth and scope by respondent’s improprieties. {¶ 125} More analogous is Disciplinary Counsel v. Medley, 104 Ohio St.3d 251 , 2004-Ohio-6402 , 819 N.E.2d 273 .

12007–2007
State ex rel. Dispatch Printing Co. v. Louden green
ohio · 2001
2 sentences

2006See Plain Dealer, 90 Ohio St.3d at 86-87, 734 N.E.2d 1214 (juvenile court judge abused his discretion in closing delinquency proceeding when the movant did not introduce any evidence in support of closure); Louden, 91 Ohio St.3d at 65 , 741 N.E.2d 517 , quoting Plain Dealer, 90 Ohio St.3d at 87, 734 N.E.2d 1214 (“Judge Louden did not hear evidence and argument on the issue of closing the detention hearing and did not make the requisite findings before adjudicating the issue in an informal, off-the-record procedure. * * * In the absence of the foregoing, Judge Louden’s closure of the detention

2006See Plain Dealer, 90 Ohio St.3d at 86-87, 734 N.E.2d 1214 (juvenile court judge abused his discretion in closing delinquency proceeding when the movant did not introduce any evidence in support of closure); Louden, 91 Ohio St.3d at 65 , 741 N.E.2d 517 , quoting Plain Dealer, 90 Ohio St.3d at 87, 734 N.E.2d 1214 (“Judge Louden did not hear evidence and argument on the issue of closing the detention hearing and did not make the requisite findings before adjudicating the issue in an informal, off-the-record procedure. * * * In the absence of the foregoing, Judge Louden’s closure of the detention

12006–2006
Illinois v. Wardlow green
scotus · 2000
1 sentence

2004Id. (noting individual's presence in a heavy drug trafficking area and his unprovoked flight upon noticing the police were sufficient to satisfy the reasonable suspicion standard).

12004–2004
In Re Therklidsen green
ohioctapp · 1977
1 sentence

2000Rather, the seventy-two hour period of limitation contained in Juv.R. 7(G) and R.C. 2151.314 is, pursuant to Therklidsen, supra., procedural only and is not mandatory.

12000–2000
People v. Rulloff neutral
nysupct · 1860
1 sentence

1896People v. Ruolof. 5 Park.

11896–1896

Where else courts name it

CA 281 (1932–2026) IL 209 (1968–2026) FL 29 (1981–2019) NJ 23 (1985–2024) PA 22 (1974–2025) OR 22 (1976–2022) GA 21 (1972–2018) NE 21 (1987–2025) TX 18 (1992–2022) OH 12 (1896–2025) IN 11 (1981–2018) NM 10 (2000–2023) DC 10 (1973–2024) KY 8 (1950–2013) MA 5 (1993–2019) AK 5 (1971–1993) VA 5 (1989–2015) WV 4 (1984–2014) UT 4 (2022–2026) WI 4 (1989–2002) KS 4 (1979–2011) ND 3 (1996–2022) MI 3 (2015–2022) CT 3 (1994–2009) VI 3 (2008–2014) SD 3 (1985–2012) NH 3 (1989–1993) NY 3 (1964–1993) OK 2 (1998–2013) AL 2 (1994–2025) MO 2 (2016–2022) NC 2 (1998–1998)

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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