effects error in Ohio

2026Structural errors ‘defy analysis by “harmless-error” standards,’ [Arizona v.] Fulminante, [ 499 U.S. 219 ], 309, 111 S.Ct. 1246 , for three reasons: (1) “the right at issue is not designed to protect the defendant from erroneous conviction but instead protects some other interest,’” Weaver [v. Massachusetts, 582 U.S. 286 ],295, 137 S.Ct. 1899 , (2) “the effects of the error are simply too hard to measure,” id., and (3) “the error always results in fundamental unfairness,” id. at 296 .

2022Structural errors “defy analysis by ‘harmless- error’ standards,” Fulminante at 309 , for three reasons: (1) “the right at issue is not designed to protect the defendant from erroneous conviction but instead protects some other interest,” Weaver at 1908 , (2) “the effects of the error are simply too hard to measure,” id., and (3) “the error always results in fundamental unfairness,” id.

2019The Ohio Supreme Court adopted the effects test from the United States Supreme Court’s decision in Calder v. Jones, 465 U.S. 783 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 (1984).

2019The Ohio Supreme Court adopted the effects test from the United States Supreme Court’s decision in Calder v. Jones, 465 U.S. 783 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 (1984).

2002Defendant cites State v. Post (1987), 32 Ohio St.3d 380, 384 , 513 N.E.2d 754 , which reaffirmed “ ‘the usual presumption that in a bench trial in a criminal case the court considered only the relevant, material, and competent evidence in arriving at its judgment unless it affirmatively appears to the contrary.’ ” Id., quoting State v. White (1968), 15 Ohio St.2d 146, 151 , 44 O.O.2d 132 , 239 N.E.2d 65 .

2002Defendant cites State v. Post (1987), 32 Ohio St.3d 380, 384 , 513 N.E.2d 754 , which reaffirmed “ ‘the usual presumption that in a bench trial in a criminal case the court considered only the relevant, material, and competent evidence in arriving at its judgment unless it affirmatively appears to the contrary.’ ” Id., quoting State v. White (1968), 15 Ohio St.2d 146, 151 , 44 O.O.2d 132 , 239 N.E.2d 65 .

2002Defendant cites State v. Post (1987), 32 Ohio St.3d 380, 384 , 513 N.E.2d 754 , which reaffirmed “ ‘the usual presumption that in a bench trial in a criminal case the court considered only the relevant, material, and competent evidence in arriving at its judgment unless it affirmatively appears to the contrary.’ ” Id., quoting State v. White (1968), 15 Ohio St.2d 146, 151 , 44 O.O.2d 132 , 239 N.E.2d 65 .

2002Defendant cites State v. Post (1987), 32 Ohio St.3d 380, 384 , 513 N.E.2d 754 , which reaffirmed “ ‘the usual presumption that in a bench trial in a criminal case the court considered only the relevant, material, and competent evidence in arriving at its judgment unless it affirmatively appears to the contrary.’ ” Id., quoting State v. White (1968), 15 Ohio St.2d 146, 151 , 44 O.O.2d 132 , 239 N.E.2d 65 .

2025The court also explained an error may be structural “if the effects of the error are simply too hard to measure,” such as when a defendant is denied the right to select his or her own attorney, and if “the error always results in fundamental unfairness,” such as when a trial “judge fails to give a reasonable-doubt instruction.” Id. at 295-96 .

2022Id., citing Faretta v. California, 422 U.S. 806, 834 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). {¶ 28} The Supreme Court has deemed a constitutional error structural when the effects of the error are too difficult to measure.

2022Id., citing Faretta v. California, 422 U.S. 806, 834 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). {¶ 28} The Supreme Court has deemed a constitutional error structural when the effects of the error are too difficult to measure.

1963Such wrongdoers actually are not joint tortfeasors, and the right of recovery is the right to indemnity, and not contribution.” In Insurance Co. v. Dingle-Clark Co., 142 Ohio St., 346 , 52 N. E. (2d), 340, the Supreme Court in the first paragraph of the syllabus states the general rule of law as follows: “1.