seven-day requirement (Ohio) · Go Syfert
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seven-day requirement in Ohio

11 Ohio opinions name it 3 courts 1991–2018 0 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 (4)

CaseFollowedCited
Camburn v. Camburngreen
ohio · 2005 · cited in 6 Ohio opinions naming this issue, 2009–2018
2 sentences

2018See In re Disqualification of Squire , 110 Ohio St.3d 1202 , 2005-Ohio-7157 , 850 N.E.2d 709 , ¶ 3.

2018See In re Disqualification of Squire , 110 Ohio St.3d 1202 , 2005-Ohio-7157 , 850 N.E.2d 709 , ¶ 3.

66
In re Disqualification of Calabresegreen
ohio · 2002 · cited in 1 Ohio opinions naming this issue, 2015–2015
1 sentence

2015See In re Disqualification of Squire, 110 Ohio St.3d 1202 , 2005-Ohio-7157 , 850 N.E.2d 709, ¶ 3 . {¶ 6} Turning to the merits, [a]n alleged ex parte communication constitutes grounds for disqualification when there is ‘proof that the communication * * * addressed substantive matters in the pending case.’ In re Disqualification of Calabrese, 100 Ohio St.3d 1224 , 2002-Ohio-7475 , 798 N.E.2d 10 , ¶ 2.

11
State v. Nawashgreen
ohio · 2002 · cited in 1 Ohio opinions naming this issue, 2015–2015
1 sentence

2015See In re Disqualification of Squire, 110 Ohio St.3d 1202 , 2005-Ohio-7157 , 850 N.E.2d 709, ¶ 3 . {¶ 6} Turning to the merits, [a]n alleged ex parte communication constitutes grounds for disqualification when there is ‘proof that the communication * * * addressed substantive matters in the pending case.’ In re Disqualification of Calabrese, 100 Ohio St.3d 1224 , 2002-Ohio-7475 , 798 N.E.2d 10 , ¶ 2.

11
Butland v. Butlandgreen
ohio · 1999 · cited in 1 Ohio opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., In re Disqualification of Leskovyansky (1999), 88 Ohio St.3d 1210 , 723 N.E.2d 1099 .

2007See, e.g., In re Disqualification of Leskovyansky (1999), 88 Ohio St.3d 1210 , 723 N.E.2d 1099 .

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 (6)

CaseCitedYears
State v. Maurer green
ohio · 1984
2 sentences

2014Maurer, 15 Ohio St.3d at 259 , 473 N.E.2d 768 , citing State v. Wilson, 8 Ohio App.3d 216, 219-220 , 456 N.E.2d 1287 (8th Dist.1982). {¶46} For these reasons, we hold that the time requirement of Crim.R. 45(D) did not apply to the state’s motion in limine.

2014Maurer, 15 Ohio St.3d at 259 , 473 N.E.2d 768 , citing State v. Wilson, 8 Ohio App.3d 216, 219-220 , 456 N.E.2d 1287 (8th Dist.1982). {¶46} For these reasons, we hold that the time requirement of Crim.R. 45(D) did not apply to the state’s motion in limine.

12014–2014
City of Defiance v. Kretz green
ohio · 1991
2 sentences

2014Hamilton No. C-880737, 1990 Ohio App. LEXIS 159 (Jan. 24, 1990.) Thus Morales’s position that the seven-day rule in Crim.R. 45(D) applies to motions in limine would create practical difficulties in application. {¶45} Further, as we have previously noted, a trial court’s disposition of a motion in limine such as the one in this case is ultimately irrelevant, because the trial court may change its ruling on the disputed evidence when it is presented in context at trial, Kretz, 60 Ohio St.3d at 4 , 573 N.E.2d 32 , and the issue must be revisited at trial to preserve the party’s position on the ev

2014Hamilton No. C-880737, 1990 Ohio App. LEXIS 159 (Jan. 24, 1990.) Thus Morales’s position that the seven-day rule in Crim.R. 45(D) applies to motions in limine would create practical difficulties in application. {¶45} Further, as we have previously noted, a trial court’s disposition of a motion in limine such as the one in this case is ultimately irrelevant, because the trial court may change its ruling on the disputed evidence when it is presented in context at trial, Kretz, 60 Ohio St.3d at 4 , 573 N.E.2d 32 , and the issue must be revisited at trial to preserve the party’s position on the ev

12014–2014
State v. Wilson green
ohioctapp · 1982
2 sentences

2014Maurer, 15 Ohio St.3d at 259 , 473 N.E.2d 768 , citing State v. Wilson, 8 Ohio App.3d 216, 219-220 , 456 N.E.2d 1287 (8th Dist.1982). {¶46} For these reasons, we hold that the time requirement of Crim.R. 45(D) did not apply to the state’s motion in limine.

2014Maurer, 15 Ohio St.3d at 259 , 473 N.E.2d 768 , citing State v. Wilson, 8 Ohio App.3d 216, 219-220 , 456 N.E.2d 1287 (8th Dist.1982). {¶46} For these reasons, we hold that the time requirement of Crim.R. 45(D) did not apply to the state’s motion in limine.

12014–2014
In re Davis green
ohio · 1999
1 sentence

2007The judge in Davis did not comply with this seven-day requirement; he waited 17 months before entering the judgment. 84 Ohio St.3d at 521-522 , 705 N.E.2d 1219 .

12007–2007
In Re Fleming green
ohioctapp · 1991
2 sentences

1999In In re Fleming (1991), 76 Ohio App.3d 30 , 600 N.E.2d 1112 , the Sixth Appellate District found that “the proper remedy in cases such as this, where a trial court fails to meet the seven-day requirement imposed by R.C. 2151.35(B)(3) * * * would be for counsel for the parents or counsel for [the agency] to file, upon expiration of the seven-day time period, a petition for a writ of procedendo.” Id. at 40-41 , 600 N.E.2d at 1119 .

1999In In re Fleming (1991), 76 Ohio App.3d 30 , 600 N.E.2d 1112 , the Sixth Appellate District found that “the proper remedy in cases such as this, where a trial court fails to meet the seven-day requirement imposed by R.C. 2151.35(B)(3) * * * would be for counsel for the parents or counsel for [the agency] to file, upon expiration of the seven-day time period, a petition for a writ of procedendo.” Id. at 40-41 , 600 N.E.2d at 1119 .

11999–1999
Dorrian v. Scioto Conservancy District green
ohio · 1971
2 sentences

1991Dorrian v. Scioto Conservancy Dist. (1971), 27 Ohio St.2d 102, 107 , 56 O.O.2d 58, 60 , 271 N.E.2d 834, 837 .

1991Dorrian v. Scioto Conservancy Dist. (1971), 27 Ohio St.2d 102, 107 , 56 O.O.2d 58, 60 , 271 N.E.2d 834, 837 .

11991–1991

Where else courts name it

NY 18 (1981–2012) OH 11 (1991–2018) MO 7 (1994–2021) IL 5 (1971–2025) NM 4 (2000–2024) PA 4 (1973–2017) IA 3 (1983–2009) MI 3 (2020–2025) VT 3 (2007–2020) CA 2 (2022–2024) TX 2 (1996–2022) MA 2 (1975–1999) RI 2 (2014–2014)

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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