duty to conduct inquiry (Ohio) · Go Syfert
← Ohio issues

duty to conduct inquiry in Ohio

10 Ohio opinions name it 1 courts 1981–2024 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 (4)

CaseFollowedCited
State v. Browngreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., State v. Brown, 2023-Ohio-4452, ¶ 16 (6th Dist.), motion for delayed appeal granted, 2024-Ohio-1832 (where trial judge “in an attempt to just be congenial” talked to the jurors by himself, ultimately leading one juror to ask a question relating to questioning of witnesses).

11
United States v. Vincent Webbergreen
ca6 · 2000 · cited in 1 Ohio opinions naming this issue, 2020–2020
1 sentence

2020However, “a trial court is not required to conduct an inquiry with the defendant concerning the decision whether to testify in his defense.” (Emphasis sic.) Id. {¶37} While Robinson acknowledges that trial courts do not usually have a duty to conduct an inquiry with the defendant concerning the defendant’s decision whether to testify, he argues that an exception applies where there are “any statements or actions from the defendant indicating disagreement with counsel [about the decision to testify] or the desire to testify * * *.” United States v. Webber, 208 F.3d 545, 551 (6th Cir.2000).

11
State v. Sheppardgreen
ohio · 1998 · cited in 1 Ohio opinions naming this issue, 2020–2020
1 sentence

2020Noriega claims the trial court erred in this case by failing to individually question the juror who expressed safety concerns to determine whether she could be fair and impartial. {¶ 25} "Fairness requires impartial, indifferent jurors." State v. Sheppard, 84 Ohio St.3d 230, 235 (1998).

11
State v. Mangrumgreen
ohioctapp · 1993 · cited in 1 Ohio opinions naming this issue, 1999–1999
1 sentence

1999See State v. Mangrum (1993), 86 Ohio App.3d 156 , 158 .

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 (7)

CaseCitedYears
State v. Bryant green
ohioctapp · 2013
2 sentences

2014No. 12AP-703, 2013-Ohio-5105, ¶ 18 , quoting State v. Cleveland, 2d Dist.

2014Franklin No. 12AP-703, 2013-Ohio-5105, ¶ 18 , quoting State v. Cleveland, 2d Dist.

22014–2014
State v. Bey green
ohio · 1999
1 sentence

2020However, “a trial court is not required to conduct an inquiry with the defendant concerning the decision whether to testify in his defense.” (Emphasis sic.) Id. {¶37} While Robinson acknowledges that trial courts do not usually have a duty to conduct an inquiry with the defendant concerning the defendant’s decision whether to testify, he argues that an exception applies where there are “any statements or actions from the defendant indicating disagreement with counsel [about the decision to testify] or the desire to testify * * *.” United States v. Webber, 208 F.3d 545, 551 (6th Cir.2000).

12020–2020
State v. Corrao green
ohioctapp · 2011
1 sentence

2011State v. Corrao, Cuyahoga App. No. 95167, 2011-Ohio-2517, at ¶ 10 ; State v. Miller, Portage App. No. 2009-P-0090, 2011-Ohio-1161 , at ¶ 56, 58.

12011–2011
Pisani v. Pisani green
ohioctapp · 1995
1 sentence

2001The standard is different in the Eighth Appellate District, however, where, rather than requiring a trial court to hold a hearing when an arguable basis for an award of sanctions exists, we held in Pisani v. Pisani (1995), 101 Ohio App.3d 83 , that the claimant must demonstrate actual merit before a trial court has the duty to conduct a hearing on a motion for sanctions: * * * a hearing is mandatory under R.C. 2323.51 only when sanctions are imposed and is not necessary when the court determines, upon consideration of the motion and in its discretion, that it lacks merit.

12001–2001
State v. King green
ohioctapp · 1995
1 sentence

2000The State contends, however, that the inquiry may be brief and minimal, citing State v. Prater (1990), 71 Ohio App.3d 78 ; State v. King (1995), 104 Ohio App. 434 [ 104 Ohio App.3d 434 ]; and State v. Patterson (May 2, 1997), Montgomery App. 15699, unreported.

12000–2000
State v. Prater green
ohioctapp · 1990
1 sentence

2000The State contends, however, that the inquiry may be brief and minimal, citing State v. Prater (1990), 71 Ohio App.3d 78 ; State v. King (1995), 104 Ohio App. 434 [ 104 Ohio App.3d 434 ]; and State v. Patterson (May 2, 1997), Montgomery App. 15699, unreported.

12000–2000
State ex rel. Pressley v. Industrial Commission green
ohio · 1967
2 sentences

1981Comm. (1967), 11 Ohio St. 2d 141 [ 40 O.O.2d 141 ] the Supreme Court, in paragraph nine of the syllabus, held: “Mandamus will lie to permit a private individual to compel a public officer to perform an official act, where such officer is under a clear legal duty to do so, and where the relator has an interest, such as that of a taxpayer, or he is being denied a private right or benefit by reason of such public officer’s failure to take action to perform that act which he is under a clear legal duty to perform.” *456 Relator’s petition for a writ of mandamus raises the single issue of whether r

1981Comm. (1967), 11 Ohio St. 2d 141 [ 40 O.O.2d 141 ] the Supreme Court, in paragraph nine of the syllabus, held: “Mandamus will lie to permit a private individual to compel a public officer to perform an official act, where such officer is under a clear legal duty to do so, and where the relator has an interest, such as that of a taxpayer, or he is being denied a private right or benefit by reason of such public officer’s failure to take action to perform that act which he is under a clear legal duty to perform.” *456 Relator’s petition for a writ of mandamus raises the single issue of whether r

11981–1981

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2941.25 (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

TX 11 (1990–2024) OH 10 (1981–2024) CA 7 (1983–2025) IL 5 (1978–2022) NY 2 (2020–2025) TN 2 (2000–2019)

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.

← Caselaw search · G Cite Topics · Brief Check