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10 Ohio opinions name it 2 courts 1993–2023 4 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Gonzalez-Lopezgreen2 sentences2022See Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (“Harmless- error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe”). {¶ 31} The errors that occurred in Montgomery’s trial are not akin to the state’s vouching for the credibility of a witness, see State v. Myers, 154 Ohio St.3d 405 , 2018-Ohio-1903 , 114 N.E.3d 1138, ¶ 145 (explaining that vouching occurs when the prosecutor implies knowledge of facts outside the record or expresses a personal opinion about the credibility of a witness). 2022See Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (“Harmless- error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe”). {¶ 31} The errors that occurred in Montgomery’s trial are not akin to the state’s vouching for the credibility of a witness, see State v. Myers, 154 Ohio St.3d 405 , 2018-Ohio-1903 , 114 N.E.3d 1138, ¶ 145 (explaining that vouching occurs when the prosecutor implies knowledge of facts outside the record or expresses a personal opinion about the credibility of a witness). | 1 | 2 |
In re Tanksleygreen1 sentence2023Franklin No. 15AP-1085, 2016-Ohio-7068, ¶ 12-13 (petitioner seeking a CQE to receive certified public accountant licensure “fails at the threshold” where requirement for granting certified public account licensure is that “the person is of good moral character;” “[w]hile petitioner’s felony convictions certainly would count against him in the overall assessment of good moral character, the convictions do not specifically prevent him from receiving approval, and like all other applicants, he must satisfy the Board that he has ‘good moral character.’”). {¶ 26} If the trial court finds that Deran | 1 | 1 |
State v. Myers (Slip Opinion)green2 sentences2022See Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (“Harmless- error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe”). {¶ 31} The errors that occurred in Montgomery’s trial are not akin to the state’s vouching for the credibility of a witness, see State v. Myers, 154 Ohio St.3d 405 , 2018-Ohio-1903 , 114 N.E.3d 1138, ¶ 145 (explaining that vouching occurs when the prosecutor implies knowledge of facts outside the record or expresses a personal opinion about the credibility of a witness). 2022See Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (“Harmless- error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe”). {¶ 31} The errors that occurred in Montgomery’s trial are not akin to the state’s vouching for the credibility of a witness, see State v. Myers, 154 Ohio St.3d 405 , 2018-Ohio-1903 , 114 N.E.3d 1138, ¶ 145 (explaining that vouching occurs when the prosecutor implies knowledge of facts outside the record or expresses a personal opinion about the credibility of a witness). | 1 | 1 |
Tanner v. United Statesgreen2 sentences2003See Tanner v. United States (1987), 483 U.S. 107, 117 , 107 S.Ct. 2739 , 97 L.Ed.2d 90 . {¶ 45} Our role in reviewing for plain error does not allow us to indulge in an in-depth analysis of a jury’s deliberations. 2003See Tanner v. United States (1987), 483 U.S. 107, 117 , 107 S.Ct. 2739 , 97 L.Ed.2d 90 . {¶ 45} Our role in reviewing for plain error does not allow us to indulge in an in-depth analysis of a jury’s deliberations. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Lang
green
2 sentences2022Although Brown’s initial statement to police was not consistent with her trial testimony, there is no evidence that her trial testimony was inconsistent with her grand jury testimony. “[T]he mere possibility of inconsistent testimony does not rise to the level of a particularized need that would warrant the disclosure of grand-jury testimony.” State v. Ford, 158 Ohio St.3d 139 , 2019-Ohio-4539 , 140 N.E.3d 616 , ¶ 396, citing State v Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 44 (holding that a speculative claim that the grand jury testimony might have contained material ev 2022Although Brown’s initial statement to police was not consistent with her trial testimony, there is no evidence that her trial testimony was inconsistent with her grand jury testimony. “[T]he mere possibility of inconsistent testimony does not rise to the level of a particularized need that would warrant the disclosure of grand-jury testimony.” State v. Ford, 158 Ohio St.3d 139 , 2019-Ohio-4539 , 140 N.E.3d 616 , ¶ 396, citing State v Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 44 (holding that a speculative claim that the grand jury testimony might have contained material ev | 2 | 2012–2022 |
State v. Frost
green
2 sentences1993In re Sublett (1959), 169 Ohio St. 19 , 7 O.O.2d 487 , 157 N.E.2d 324 ; State v. Frost, supra, 14 Ohio App.3d at 321 , 14 OBR at 387, 471 N.E.2d at 173 . 1993In re Sublett (1959), 169 Ohio St. 19 , 7 O.O.2d 487 , 157 N.E.2d 324 ; State v. Frost, supra, 14 Ohio App.3d at 321 , 14 OBR at 387, 471 N.E.2d at 173 . | 2 | 1993–1993 |
City of Cincinnati v. Vester. Same v. Richards Same v. Reakirt
green
2 sentences2022Sun Oil Co. v. Euclid, 164 Ohio St. 265 , 271-272, 130 N.E.2d 336 (1955), citing Cincinnati v. Vester, 281 U.S. 439 , 448, 50 S.Ct. 360 , 74 L.Ed. 950 (1930). 20 January Term, 2022 {¶ 54} Here, the trial court determined that “the word ‘necessary,’ as used in acts conferring the right of eminent domain, does not mean ‘absolutely necessary’ or ‘indispensable,’ but, rather, ‘reasonably necessary to secure the end in view.’ ” Licking C.P. 2022Sun Oil Co. v. Euclid, 164 Ohio St. 265 , 271-272, 130 N.E.2d 336 (1955), citing Cincinnati v. Vester, 281 U.S. 439 , 448, 50 S.Ct. 360 , 74 L.Ed. 950 (1930). 20 January Term, 2022 {¶ 54} Here, the trial court determined that “the word ‘necessary,’ as used in acts conferring the right of eminent domain, does not mean ‘absolutely necessary’ or ‘indispensable,’ but, rather, ‘reasonably necessary to secure the end in view.’ ” Licking C.P. | 1 | 2022–2022 |
Gideon v. Wainwright
green
2 sentences2022Instead, like other structural errors that infect the entire framework of the trial from beginning to end, see Tumey (denial of right to impartial judge), and Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963) (denial of right to counsel), the errors in this case influenced the entire trial; the errors conflated the role of the victim and prosecutor and transcended the criminal process. 2022Instead, like other structural errors that infect the entire framework of the trial from beginning to end, see Tumey (denial of right to impartial judge), and Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963) (denial of right to counsel), the errors in this case influenced the entire trial; the errors conflated the role of the victim and prosecutor and transcended the criminal process. | 1 | 2022–2022 |
City of Norwood v. Horney
green
2 sentences2022Such a speculative standard is inappropriate in the context of eminent domain, even under the modern, broad interpretation of ‘public use.’ ” Norwood, 110 Ohio St.3d 353 , 2006-Ohio-3799 , 853 N.E.2d 1115 , at ¶ 99. {¶ 53} This court explained, “A municipality has no authority to appropriate private property for only a contemplated or speculative use in the future.” Id. at ¶ 100, citing State ex rel. 2022Such a speculative standard is inappropriate in the context of eminent domain, even under the modern, broad interpretation of ‘public use.’ ” Norwood, 110 Ohio St.3d 353 , 2006-Ohio-3799 , 853 N.E.2d 1115 , at ¶ 99. {¶ 53} This court explained, “A municipality has no authority to appropriate private property for only a contemplated or speculative use in the future.” Id. at ¶ 100, citing State ex rel. | 1 | 2022–2022 |
State v. Ford (Slip Opinion)
green
1 sentence2022Although Brown’s initial statement to police was not consistent with her trial testimony, there is no evidence that her trial testimony was inconsistent with her grand jury testimony. “[T]he mere possibility of inconsistent testimony does not rise to the level of a particularized need that would warrant the disclosure of grand-jury testimony.” State v. Ford, 158 Ohio St.3d 139 , 2019-Ohio-4539 , 140 N.E.3d 616 , ¶ 396, citing State v Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 44 (holding that a speculative claim that the grand jury testimony might have contained material ev | 1 | 2022–2022 |
Cincinnati v. Vester
green
2 sentences2022Sun Oil Co. v. Euclid, 164 Ohio St. 265 , 271-272, 130 N.E.2d 336 (1955), citing Cincinnati v. Vester, 281 U.S. 439 , 448, 50 S.Ct. 360 , 74 L.Ed. 950 (1930). 20 January Term, 2022 {¶ 54} Here, the trial court determined that “the word ‘necessary,’ as used in acts conferring the right of eminent domain, does not mean ‘absolutely necessary’ or ‘indispensable,’ but, rather, ‘reasonably necessary to secure the end in view.’ ” Licking C.P. 2022Sun Oil Co. v. Euclid, 164 Ohio St. 265 , 271-272, 130 N.E.2d 336 (1955), citing Cincinnati v. Vester, 281 U.S. 439, 448 , 50 S.Ct. 360 , 74 L.Ed. 950 (1930). 20 January Term, 2022 {¶ 54} Here, the trial court determined that “the word ‘necessary,’ as used in acts conferring the right of eminent domain, does not mean ‘absolutely necessary’ or ‘indispensable,’ but, rather, ‘reasonably necessary to secure the end in view.’ ” Licking C.P. | 1 | 2022–2022 |
State v. Steffen
green
2 sentences2004The proportionality review mandated by R.C. 2929.05 is reserved for appellate courts and “is satisfied by ‘a review of those cases already decided by the reviewing court in which the death penalty has been imposed.’ ” State v. Sneed (1992), 63 Ohio St.3d 3, 17 , 584 N.E.2d 1160 , quoting Steffen, 31 Ohio St.3d 111 , 31 OBR 273, 509 N.E.2d 383 , paragraph one of the syllabus. 2004The proportionality review mandated by R.C. 2929.05 is reserved for appellate courts and “is satisfied by ‘a review of those cases already decided by the reviewing court in which the death penalty has been imposed.’ ” State v. Sneed (1992), 63 Ohio St.3d 3, 17 , 584 N.E.2d 1160 , quoting Steffen, 31 Ohio St.3d 111 , 31 OBR 273, 509 N.E.2d 383 , paragraph one of the syllabus. | 1 | 2004–2004 |
State v. Sneed
green
2 sentences2004The proportionality review mandated by R.C. 2929.05 is reserved for appellate courts and “is satisfied by ‘a review of those cases already decided by the reviewing court in which the death penalty has been imposed.’ ” State v. Sneed (1992), 63 Ohio St.3d 3, 17 , 584 N.E.2d 1160 , quoting Steffen, 31 Ohio St.3d 111 , 31 OBR 273, 509 N.E.2d 383 , paragraph one of the syllabus. 2004The proportionality review mandated by R.C. 2929.05 is reserved for appellate courts and “is satisfied by ‘a review of those cases already decided by the reviewing court in which the death penalty has been imposed.’ ” State v. Sneed (1992), 63 Ohio St.3d 3, 17 , 584 N.E.2d 1160 , quoting Steffen, 31 Ohio St.3d 111 , 31 OBR 273, 509 N.E.2d 383 , paragraph one of the syllabus. | 1 | 2004–2004 |
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.
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.