legislature intended standard (Ohio) · Go Syfert
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legislature intended standard in Ohio

12 Ohio opinions name it 2 courts 1880–2025 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 (7)

CaseFollowedCited
State v. Melsongreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See State v. Melson, 2022-Ohio-2709, ¶ 13 (2d Dist.); see also State v. Boswell, 2019-Ohio-2949, ¶ 22 (6th Dist.); State v. Durant, 2016-Ohio-8173, ¶ 10 (7th Dist.); State v. Parrado, 2016-Ohio-1313 , ¶ 23 (11th Dist.) 4 OHIO FIRST DISTRICT COURT OF APPEALS (“If the legislature intended the presumption pertaining to community control to apply to situations in which an offender was convicted of or pleaded guilty to multiple felonies of the . . . fifth degree, it could have pluralized these terms.”).

11
State v. Durantgreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See State v. Melson, 2022-Ohio-2709, ¶ 13 (2d Dist.); see also State v. Boswell, 2019-Ohio-2949, ¶ 22 (6th Dist.); State v. Durant, 2016-Ohio-8173, ¶ 10 (7th Dist.); State v. Parrado, 2016-Ohio-1313 , ¶ 23 (11th Dist.) 4 OHIO FIRST DISTRICT COURT OF APPEALS (“If the legislature intended the presumption pertaining to community control to apply to situations in which an offender was convicted of or pleaded guilty to multiple felonies of the . . . fifth degree, it could have pluralized these terms.”).

11
State v. Boswellgreen
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See State v. Melson, 2022-Ohio-2709, ¶ 13 (2d Dist.); see also State v. Boswell, 2019-Ohio-2949, ¶ 22 (6th Dist.); State v. Durant, 2016-Ohio-8173, ¶ 10 (7th Dist.); State v. Parrado, 2016-Ohio-1313 , ¶ 23 (11th Dist.) 4 OHIO FIRST DISTRICT COURT OF APPEALS (“If the legislature intended the presumption pertaining to community control to apply to situations in which an offender was convicted of or pleaded guilty to multiple felonies of the . . . fifth degree, it could have pluralized these terms.”).

11
State v. Belchergreen
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2020–2020
1 sentence

2020Clark No. 2018-CA-70, 2019-Ohio-1468, ¶ 21 (explaining that “[i]f the legislature intended for the exception in R.C. 2929.13(B)(1)(b)(ii) to apply to situations like the present case, it chose the wrong language.

11
United States v. Pearcegreen
paed · 1973 · cited in 1 Ohio opinions naming this issue, 2015–2015
1 sentence

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

11
State v. McGriffgreen
ohioctapp · 1996 · cited in 1 Ohio opinions naming this issue, 1996–1996
2 sentences

1996See State v. McGriff (1996), 109 Ohio App.3d 668 , 672 N.E.2d 1074 .

1996See State v. McGriff (1996), 109 Ohio App.3d 668 , 672 N.E.2d 1074 .

11
State v. Boundsgreen
idaho · 1953 · cited in 1 Ohio opinions naming this issue, 1987–1987
2 sentences

1987See State v. Bounds (1953), 74 Idaho 136 , 258 P. 2d 751 ; Schade v. State (Alaska 1973), 512 P. 2d 907 ; People v. Bennett (1976), 60 Cal. App. 3d 112 , 131 Cal. Rptr. 305 .

1987See State v. Bounds (1953), 74 Idaho 136 , 258 P. 2d 751 ; Schade v. State (Alaska 1973), 512 P. 2d 907 ; People v. Bennett (1976), 60 Cal. App. 3d 112 , 131 Cal. Rptr. 305 .

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 (14)

CaseCitedYears
Akron Standard Division of Eagle-Picher Industries, Inc. v. Lindley green
ohio · 1984
2 sentences

1996Cf. Akron Standard Div. v. Lindley (1984), 11 Ohio St.3d 10 , 11 OBR 9, 462 N.E.2d 419 , syllabus (verification requirement in R.C. 5739.13 for sales and use tax reassessment petitions is nonjurisdictional).

1996Cf. Akron Standard Div. v. Lindley (1984), 11 Ohio St.3d 10 , 11 OBR 9, 462 N.E.2d 419 , syllabus (verification requirement in R.C. 5739.13 for sales and use tax reassessment petitions is nonjurisdictional).

21986–1996
State v. Jones green
ohioctapp · 2017
1 sentence

2017It did not do so.” Id. {¶20} Here, Bentley pleaded guilty to a separate, fourth-degree felony offense on the same date she entered her guilty plea in this case.

12017–2017
Draper v. United States green
scotus · 1959
2 sentences

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

12015–2015
State v. Fultz green
ohio · 1968
2 sentences

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

12015–2015
State v. Moore green
ohio · 2000
2 sentences

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

2015In other contexts, courts have equated “reasonable grounds” with “probable cause.” See, e.g., Drape v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959) (noting “the terms ‘probable cause’ as used in the Fourth Amendment and ‘reasonable grounds’ as used in § 104 (a) of the Narcotics Control Act, 70 Stat. 570 , are substantial equivalents of the same meaning”); Rogers v. Barbera, 170 Ohio St. 241 , 246, 164 N.E.2d 162 (1960) (defining probable cause in malicious prosecution as “a reasonable ground of suspicion, supported 4 OHIO FIRST DISTRICT COURT OF APPEALS by circumstances su

12015–2015
State v. McMahon, Wd-08-039 (12-12-2008) neutral
ohioctapp · 2008
1 sentence

2015The court reasoned that “had the legislature intended the standard in these matters to be ‘probable cause’ it was perfectly capable of using that term.” Id. {¶10} While the McMahon result seems sound as a matter of statutory construction, we note that there is support for a contrary view.

12015–2015
State v. Masters, Unpublished Decision (12-31-2007) neutral
ohioctapp · 2007
1 sentence

2008No. WD-06-045, 2007-Ohio-7100 , ¶ 15 . {¶ 20} We believe that, had the legislature intended the standard in these matters to be "probable cause," it was perfectly capable of using that term.

12008–2008
Wissel v. Ohio High School Athletic Assn. green
ohioctapp · 1992
1 sentence

1997Ohio courts have found the following to not be "political subdivisions" as defined by R.C. 2744.01 (F): a non-profit ambulance service, Poole v. Inlow (1992), 80 Ohio App.3d 379 , 382 ; the Ohio High School Athletic Association, Wissel v. Ohio High School Athletic Assn. (1992), 78 Ohio App.3d 529 , 536 ; a county sheriff, Saunders v. McFaul (1990), 71 Ohio App.3d 46 , 52 ; and a volunteer fire department, Cincinnati Ins.

11997–1997
Poole v. Inlow green
ohioctapp · 1992
1 sentence

1997Ohio courts have found the following to not be "political subdivisions" as defined by R.C. 2744.01 (F): a non-profit ambulance service, Poole v. Inlow (1992), 80 Ohio App.3d 379 , 382 ; the Ohio High School Athletic Association, Wissel v. Ohio High School Athletic Assn. (1992), 78 Ohio App.3d 529 , 536 ; a county sheriff, Saunders v. McFaul (1990), 71 Ohio App.3d 46 , 52 ; and a volunteer fire department, Cincinnati Ins.

11997–1997
Saunders v. McFaul green
ohioctapp · 1990
1 sentence

1997Ohio courts have found the following to not be "political subdivisions" as defined by R.C. 2744.01 (F): a non-profit ambulance service, Poole v. Inlow (1992), 80 Ohio App.3d 379 , 382 ; the Ohio High School Athletic Association, Wissel v. Ohio High School Athletic Assn. (1992), 78 Ohio App.3d 529 , 536 ; a county sheriff, Saunders v. McFaul (1990), 71 Ohio App.3d 46 , 52 ; and a volunteer fire department, Cincinnati Ins.

11997–1997
In Re Adoption of Knipper green
ohioctapp · 1986
2 sentences

1992The only exception carved out thus far is found in the case of In re Adoption of Knipper (1986), 30 Ohio App.3d 214 , 30 OBR 371, 507 N.E.2d 436 .

1992The only exception carved out thus far is found in the case of In re Adoption of Knipper (1986), 30 Ohio App.3d 214 , 30 OBR 371, 507 N.E.2d 436 .

11992–1992
Schade v. State green
alaska · 1973
1 sentence

1987See State v. Bounds (1953), 74 Idaho 136 , 258 P. 2d 751 ; Schade v. State (Alaska 1973), 512 P. 2d 907 ; People v. Bennett (1976), 60 Cal. App. 3d 112 , 131 Cal. Rptr. 305 .

11987–1987
People v. Bennett green
calctapp · 1976
2 sentences

1987See State v. Bounds (1953), 74 Idaho 136 , 258 P. 2d 751 ; Schade v. State (Alaska 1973), 512 P. 2d 907 ; People v. Bennett (1976), 60 Cal. App. 3d 112 , 131 Cal. Rptr. 305 .

1987See State v. Bounds (1953), 74 Idaho 136 , 258 P. 2d 751 ; Schade v. State (Alaska 1973), 512 P. 2d 907 ; People v. Bennett (1976), 60 Cal. App. 3d 112 , 131 Cal. Rptr. 305 .

11987–1987
Adams v. Humes neutral
pa · 1840
1 sentence

1880A fair construction of the statutes require us to say there is not one rule as to lands and another as to chattels; and that in Ohio, under the circumstances here disclosed, “the maxim, cmeat emjptor, does not apply to the case of a sale by assignees for the benefit of creditors ” (Burrill on Assignments, 3d ed. § 416 ; 2 Hovenden on Frauds, 35 ; Adams v. Humes, 9 Watts, 305 ), whatever the character of the property may be.

11880–1880

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.13 (3) OH § Ohio Rev. Code § 2953.08 (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.

Where else courts name it

CA 59 (1914–2026) TX 55 (1998–2024) IL 48 (1930–2025) OR 35 (1950–2025) NY 21 (1925–2018) MD 19 (1948–2024) MI 18 (1926–2025) PA 17 (1906–2023) NJ 16 (1952–2025) WI 14 (1881–2022) FL 13 (1982–2019) CT 13 (1985–2025) OH 12 (1880–2025) NM 10 (1912–2024) WY 9 (1990–2022) NH 9 (1985–2021) MO 7 (1982–2023) KS 7 (1940–2025) WA 7 (1947–2011) AZ 6 (1968–2013) CO 5 (1975–2021) IA 5 (1970–2019) AL 5 (1993–2011) MA 4 (1917–2010) SD 4 (1977–2017) ND 4 (1996–2012) AR 4 (2004–2024) TN 4 (2012–2026) IN 4 (1990–2013) OK 4 (1915–2004) SC 3 (1974–2026) MN 3 (1984–2004) WV 3 (1946–2008) VA 3 (2012–2012) LA 3 (1997–2014) VT 2 (1997–2024) AK 2 (2009–2023)

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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