above-quoted test (Ohio) · Go Syfert
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above-quoted test in Ohio

11 Ohio opinions name it 1 courts 1940–2026 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 (5)

CaseFollowedCited
State v. Henderson (Slip Opinion)green
ohio · 2020 · cited in 1 Ohio opinions naming this issue, 2023–2023
2 sentences

2023See State v. No. 22AP-584 3 Henderson, 161 Ohio St.3d 285 , 2020-Ohio-4784, ¶ 27 (noting that the above-quoted principle in Harper is not limited to cases involving the imposition of post-release control). “ ‘[A] common pleas court has subject-matter jurisdiction over felony cases.’ ” Harper at ¶ 25, quoting Smith v. Sheldon, 157 Ohio St.3d 1 , 2019-Ohio-1677, ¶ 8 .

2023See State v. No. 22AP-584 3 Henderson, 161 Ohio St.3d 285 , 2020-Ohio-4784, ¶ 27 (noting that the above-quoted principle in Harper is not limited to cases involving the imposition of post-release control). “ ‘[A] common pleas court has subject-matter jurisdiction over felony cases.’ ” Harper at ¶ 25, quoting Smith v. Sheldon, 157 Ohio St.3d 1 , 2019-Ohio-1677, ¶ 8 .

11
Smith v. Sheldon (Slip Opinion)green
ohio · 2019 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023See State v. No. 22AP-584 3 Henderson, 161 Ohio St.3d 285 , 2020-Ohio-4784, ¶ 27 (noting that the above-quoted principle in Harper is not limited to cases involving the imposition of post-release control). “ ‘[A] common pleas court has subject-matter jurisdiction over felony cases.’ ” Harper at ¶ 25, quoting Smith v. Sheldon, 157 Ohio St.3d 1 , 2019-Ohio-1677, ¶ 8 .

11
State v. Bidinostgreen
ohio · 1994 · cited in 1 Ohio opinions naming this issue, 2003–2003
1 sentence

2003See State v. Bidinost (1994), 71 Ohio St.3d 449 , 456 . {¶ 17} The state and this court do not disagree with the proposition that unrecorded oral statements may be discoverable and that, in the instant case, Crim.R. 16 was violated.

11
Rosenberg v. Gattarellogreen
ohioctapp · 1976 · cited in 1 Ohio opinions naming this issue, 1984–1984
2 sentences

1984“Each multi-judge general division of each court of common pleas shall adopt the individual assignment system as defined herein for the assignment of all cases to judges of the division for disposition.” Even though the above-quoted rule permits the administrative judge to determine preliminary matters if the assigned judge is unavailable, the Berger case points out, quoting from Rosenberg v. Gattarello (1976), 49 Ohio App. 2d 87, 93 [ 3 O.O.3d 151 ], that “ ‘[t]he movant before the administrative judge has an affirmative duty to demonstrate in the record that the assigned judge is not availab

1984“Each multi-judge general division of each court of common pleas shall adopt the individual assignment system as defined herein for the assignment of all cases to judges of the division for disposition.” Even though the above-quoted rule permits the administrative judge to determine preliminary matters if the assigned judge is unavailable, the Berger case points out, quoting from Rosenberg v. Gattarello (1976), 49 Ohio App. 2d 87, 93 [ 3 O.O.3d 151 ], that “ ‘[t]he movant before the administrative judge has an affirmative duty to demonstrate in the record that the assigned judge is not availab

11
Sears & Nichols Corp. v. Squiregreen
· 1936 · cited in 1 Ohio opinions naming this issue, 1940–1940
1 sentence

1940It is the opinion of this court that the testimony was and is competent, and we are referred to, and consider as authority for our view, the case of Sears & Nichols Corp. v. Squire, Supt. of Banks, 132 Ohio St., 140, 143, 144 , 5 N. E. (2d), 486, from which we quote as follows: “Since the agreement itself contained no provision preventing the trust company from depositing funds in its commercial department, counsel for the appellant contend that the above-quoted clause, which relates to deposits made by the appellee, is wholly insufficient to establish a special deposit or trust on behalf of t

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 (10)

CaseCitedYears
Omni-Food & Fashion, Inc. v. Smith green
ohio · 1988
2 sentences

2004Id. at syllabus. {¶ 12} In Omni-Food Fashion, Inc. v. Smith (1988), 38 Ohio St.3d 385 , paragraph two of the syllabus, the Supreme Court of Ohio, in addition to outlining the above-quoted test, directed courts to also assess the particular facts of a legal malpractice claim and make the following determinations regarding the accrual date for such a claim: (1) when the injured party became aware, or should have become aware, of the extent and seriousness of the alleged legal problem; (2) whether the injured party was aware, or should have been aware, that the alleged injury was related to a spe

2004No. 17352, quoting Zimmie v. Calfee, Halter Griswold (1989), 43 Ohio St.3d 54 , syllabus. {¶ 17} In Omni-Food Fashion, Inc. v. Smith (1988), 38 Ohio St.3d 385 , paragraph two of the syllabus, the Supreme Court of Ohio, in addition to adopting the above-quoted test, directed courts to also assess the particular facts of a legal malpractice claim and make the following determinations regarding the accrual date for such a claim: "(1) [W]hen the injured party became aware, or should have become aware, of the extent and seriousness of [the] alleged legal problem; (2) whether the injured party was a

22004–2004
Zimmie v. Calfee, Halter & Griswold green
ohio · 1989
2 sentences

2004Id. at syllabus. {¶ 12} In Omni-Food Fashion, Inc. v. Smith (1988), 38 Ohio St.3d 385 , paragraph two of the syllabus, the Supreme Court of Ohio, in addition to outlining the above-quoted test, directed courts to also assess the particular facts of a legal malpractice claim and make the following determinations regarding the accrual date for such a claim: (1) when the injured party became aware, or should have become aware, of the extent and seriousness of the alleged legal problem; (2) whether the injured party was aware, or should have been aware, that the alleged injury was related to a spe

2004No. 17352, quoting Zimmie v. Calfee, Halter Griswold (1989), 43 Ohio St.3d 54 , syllabus. {¶ 17} In Omni-Food Fashion, Inc. v. Smith (1988), 38 Ohio St.3d 385 , paragraph two of the syllabus, the Supreme Court of Ohio, in addition to adopting the above-quoted test, directed courts to also assess the particular facts of a legal malpractice claim and make the following determinations regarding the accrual date for such a claim: "(1) [W]hen the injured party became aware, or should have become aware, of the extent and seriousness of [the] alleged legal problem; (2) whether the injured party was a

22004–2004
Pelletier v. Campbell (Slip Opinion) green
· 2018
1 sentence

2026Case No. 25 JE 0009 –9– {¶28} The Village also cites to Pelletier v. Campbell, 2018-Ohio-2121, ¶ 17 , where the Ohio Supreme Court stated: Relevant here, R.C. 2744.01(H) defines “public roads” to mean “public roads, highways, streets, avenues, alleys, and bridges within a political subdivision. ‘Public roads’ does not include berms, shoulders, rights-of-way, or traffic control devices unless the traffic control devices are mandated by the Ohio manual of uniform traffic control devices.” The Village asserts that when read in conjunction with the above-quoted immunity statute, the Ohio Supreme C

12026–2026
Tari v. State green
ohio · 1927
1 sentence

2023And, “[i]n a criminal matter, the court acquires jurisdiction over a person by lawfully issued process, followed by the arrest and arraignment of the accused and his plea to the charge.” Henderson at ¶ 36, citing Tari v. State, 117 Ohio St. 481 (1927).

12023–2023
City of Maumee v. Anistik green
ohio · 1994
1 sentence

2015Id.

12015–2015
State v. O'neal, 1-07-33 (2-11-2008) neutral
ohioctapp · 2008
1 sentence

2009App. No. 1-07-33, 2008-Ohio-512 , ¶ 28 ; (or, in this case, that he voluntarily consented to the entry of the officers into his room)." {¶ 63} From the above-quoted analysis, it is clear that the trial court found that Mimica consented to Officers Little and Weber entering his room, and was concerned with whether that consent was voluntary, under all of the circumstances. {¶ 64} Of course, the trial court overruled Mimica's motion to suppress.

12009–2009
State v. Thomas green
ohio · 1988
1 sentence

1990State v. Thomas, supra 3rd para. of syllabus. *109 In State v. Thomas, the Supreme Court found that the instruction given in that case did not clearly violate the above-quoted test.

11990–1990
Coldwell Banker Residential Real Estate Services of Illinois, Inc. v. Clayton green
ill · 1985
2 sentences

1985Cf. Coldwell Banker, Inc. v. Clayton (1985), 105 Ill. 2d 389 , 475 N.E.2d 536 , in which the Illinois Supreme Court found an Illinois statute, which lacked R.C. 4735.18(N)’s disclosure exception, to be in violation of the First Amendment’s guarantee of free speech.

1985Cf. Coldwell Banker, Inc. v. Clayton (1985), 105 Ill. 2d 389 , 475 N.E.2d 536 , in which the Illinois Supreme Court found an Illinois statute, which lacked R.C. 4735.18(N)’s disclosure exception, to be in violation of the First Amendment’s guarantee of free speech.

11985–1985
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. green
scotus · 1976
1 sentence

1985Second, if the governmental interest could be served as well by a more limited restriction on commercial speech, the excessive restrictions cannot survive.” Considering the above-quoted test in *155 light of the Supreme Court’s ruling in Virginia Pharmacy Bd. v. Virginia Consumer Council (1976), 425 U.S. 748 , on the constitutionality of state regulation of advertising by pharmacists, we find that the philosophical underpinnings of the Supreme Court’s recent decisions would render defendants-appellants’ interpretation of R.C. 4735.18 (N) unconstitutional, while upholding the constitutionality

11985–1985
Berger v. Berger green
ohioctapp · 1981
1 sentence

1984“Each multi-judge general division of each court of common pleas shall adopt the individual assignment system as defined herein for the assignment of all cases to judges of the division for disposition.” Even though the above-quoted rule permits the administrative judge to determine preliminary matters if the assigned judge is unavailable, the Berger case points out, quoting from Rosenberg v. Gattarello (1976), 49 Ohio App. 2d 87, 93 [ 3 O.O.3d 151 ], that “ ‘[t]he movant before the administrative judge has an affirmative duty to demonstrate in the record that the assigned judge is not availab

11984–1984

Where else courts name it

PA 23 (1918–2025) AL 23 (1912–2014) OK 21 (1915–2017) TX 17 (1936–2022) CA 16 (1883–2023) NY 15 (1913–2016) GA 15 (1902–2025) FL 15 (1961–2013) MD 14 (1956–2013) IL 14 (1965–2023) OH 11 (1940–2026) MI 9 (1933–1984) LA 9 (1908–2020) WI 9 (1939–2022) NE 8 (1958–2007) MO 8 (1901–2021) OR 8 (1937–2008) ID 8 (1934–2014) AZ 8 (1952–2014) WA 7 (1940–1986) MS 6 (1986–2016) NC 5 (1975–2009) CO 5 (1956–1995) UT 5 (1983–2018) AR 4 (1944–1990) MT 4 (1964–2004) NJ 4 (1965–1987) IN 4 (1979–2006) ME 3 (1979–2001) VA 3 (1987–2014) RI 2 (1960–1984) KS 2 (1905–2006) NM 2 (1986–2019) SC 2 (1935–1947) MN 2 (1898–1949) IA 2 (1945–1986)

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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