Ruff test (Ohio) · Go Syfert
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Ruff test in Ohio

70 Ohio opinions name it 2 courts 2016–2026 27 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 (21)

CaseFollowedCited
State v. Lundygreen
ohioctapp · 2017 · cited in 5 Ohio opinions naming this issue, 2018–2026
2 sentences

2020Cuyahoga No. 105117, 2017-Ohio-9155, ¶ 26 (“Although Logan predates Ruff, Ohio courts continue to apply the guidelines set forth in Logan to determine whether * * * offenses were committed with a separate animus, in accordance with the third prong of the Ruff test.”). -9- Case No. 1-19-27, 1-19-28 {¶16} “‘“Like all mental states, animus is often difficult to prove directly, but must be inferred from the surrounding circumstances.”’” Frye, 2018-Ohio-894, at ¶ 132 , quoting Ramey at ¶ 71, quoting Logan at 131 . “‘“Thus the manner in which a defendant engages in a course of conduct may indicate d

2020Cuyahoga No. 105117, 2017-Ohio-9155, ¶ 26 (“Although Logan predates Ruff, Ohio courts continue to apply the guidelines set forth in Logan to determine whether * * * offenses were committed with a separate animus, in accordance with the third prong of the Ruff test.”). -9- Case No. 1-19-27, 1-19-28 {¶16} “‘“Like all mental states, animus is often difficult to prove directly, but must be inferred from the surrounding circumstances.”’” Frye, 2018-Ohio-894, at ¶ 132 , quoting Ramey at ¶ 71, quoting Logan at 131 . “‘“Thus the manner in which a defendant engages in a course of conduct may indicate d

35
State v. Washingtongreen
ohio · 2013 · cited in 2 Ohio opinions naming this issue, 2018–2026
2 sentences

2018State v. Washington , 137 Ohio St.3d 427 , 2013-Ohio-4982 , 999 N.E.2d 661 , ¶ 18, citing State v. Mughni , 33 Ohio St.3d 65 , 67, 514 N.E.2d 870 (1987). {¶ 18} Under the Ruff test, we first address whether the aggravated burglary and rape offenses were "dissimilar in import"-i.e., whether the offenses involved separate victims or "separate and identifiable" harm. {¶ 19} Whether the aggravated burglary and rape offenses involved separate victims is not a simple issue given that three of C.G.'s children, her 9-year-old daughter and 1-year-old twin boys, were asleep in their beds when Roberson t

2018State v. Washington , 137 Ohio St.3d 427 , 2013-Ohio-4982 , 999 N.E.2d 661 , ¶ 18, citing State v. Mughni , 33 Ohio St.3d 65 , 67, 514 N.E.2d 870 (1987). {¶ 18} Under the Ruff test, we first address whether the aggravated burglary and rape offenses were "dissimilar in import"-i.e., whether the offenses involved separate victims or "separate and identifiable" harm. {¶ 19} Whether the aggravated burglary and rape offenses involved separate victims is not a simple issue given that three of C.G.'s children, her 9-year-old daughter and 1-year-old twin boys, were asleep in their beds when Roberson t

12
State v. Jackson (Slip Opinion)green
ohio · 2016 · cited in 2 Ohio opinions naming this issue, 2017–2022
2 sentences

2022State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 31 ; State v. Jackson, 149 Ohio St.3d 55 , 2016-Ohio-5488 , 73 N.E.3d 414, ¶ 128-129 (applying Ruff test to merger of aggravating circumstances).

2022State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 31 ; State v. Jackson, 149 Ohio St.3d 55 , 2016-Ohio-5488 , 73 N.E.3d 414, ¶ 128-129 (applying Ruff test to merger of aggravating circumstances).

12
State v. Armengaugreen
ohioctapp · 2017 · cited in 2 Ohio opinions naming this issue, 2018–2018
2 sentences

2018"Although Logan predates Ruff , Ohio courts continue to apply the guidelines set forth in Logan in determining whether kidnapping and another offense were committed with a separate animus, in accordance with the third prong of the Ruff test." State v. Asadi-Ousley , 2017-Ohio-7252 , 102 N.E.3d 52 , ¶ 47, reopened on other grounds , citing State v. Armengau , 2017-Ohio-4452 , 93 N.E.3d 284 , ¶ 125, State v. Williams , 2015-Ohio-4100 , 43 N.E.3d 797 , ¶ 18, and State v. Stinnett , 5th Dist.

2018"Although Logan predates Ruff , Ohio courts continue to apply the guidelines set forth in Logan in determining whether kidnapping and another offense were committed with a separate animus, in accordance with the third prong of the Ruff test." State v. Asadi-Ousley , 2017-Ohio-7252 , 102 N.E.3d 52 , ¶ 47, reopened on other grounds , citing State v. Armengau , 2017-Ohio-4452 , 93 N.E.3d 284 , ¶ 125, State v. Williams , 2015-Ohio-4100 , 43 N.E.3d 797 , ¶ 18, and State v. Stinnett , 5th Dist.

12
State v. Smithgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026State v. Smith, 2023-Ohio-866, ¶ 9 (6th Dist.), citing Ruff at ¶ 30 .

2026State v. Smith, 2023-Ohio-866, ¶ 9 (6th Dist.), citing Ruff at ¶ 30 .

11
State v. Hymergreen
ohioctapp · 2025 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026See State v. Hymer, 2025-Ohio-1691, ¶ 26 (12th Dist.) (finding dissimilar import "[b]ased on the limited record before us"); see also State v. Washington, 2013-Ohio-4982, ¶ 24 (stating that "when deciding whether to merge multiple offenses at sentencing pursuant to R.C. 2941.25, a court must review the entire record").

2026See State v. Hymer, 2025-Ohio-1691, ¶ 26 (12th Dist.) (finding dissimilar import "[b]ased on the limited record before us"); see also State v. Washington, 2013-Ohio-4982, ¶ 24 (stating that "when deciding whether to merge multiple offenses at sentencing pursuant to R.C. 2941.25, a court must review the entire record").

11
State v. Akinsgreen
ohioctapp · 2025 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026“Offenses are dissimilar in import or significance within the meaning of R.C. 2941.25(B) ‘when the defendant’s conduct constitutes offenses involving separate victims or if the harm that results from each offense is separate and identifiable.’” Akins at ¶ 39 (8th Dist.), quoting Ruff, 2015-Ohio-995, at ¶ 23.

2026“Offenses are dissimilar in import or significance within the meaning of R.C. 2941.25(B) ‘when the defendant’s conduct constitutes offenses involving separate victims or if the harm that results from each offense is separate and identifiable.’” Akins at ¶ 39 (8th Dist.), quoting Ruff, 2015-Ohio-995, at ¶ 23.

11
State v. Killingsworthgreen
ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026State v. Killingsworth, 2020-Ohio-724, ¶ 15, fn. 3 (3d Dist.); State v. Lundy, 2017-Ohio-9155, ¶ 26 (8th Dist.).

2026State v. Killingsworth, 2020-Ohio-724, ¶ 15, fn. 3 (3d Dist.); State v. Lundy, 2017-Ohio-9155, ¶ 26 (8th Dist.).

11
State v. Dean (Slip Opinion)green
ohio · 2015 · cited in 1 Ohio opinions naming this issue, 2025–2025
2 sentences

2025Accord State v. Dean, 2015-Ohio-4347, ¶ 204 ; State v. Barron, 2024-Ohio-5836, ¶ 43 (2d Dist.). {¶ 64} We apply a de novo standard of review when evaluating R.C. 2941.25 merger decisions.

2025Accord State v. Dean, 2015-Ohio-4347, ¶ 204 ; State v. Barron, 2024-Ohio-5836, ¶ 43 (2d Dist.). {¶ 64} We apply a de novo standard of review when evaluating R.C. 2941.25 merger decisions.

11
State v. Barrongreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
2 sentences

2025Accord State v. Dean, 2015-Ohio-4347, ¶ 204 ; State v. Barron, 2024-Ohio-5836, ¶ 43 (2d Dist.). {¶ 64} We apply a de novo standard of review when evaluating R.C. 2941.25 merger decisions.

2025Accord State v. Dean, 2015-Ohio-4347, ¶ 204 ; State v. Barron, 2024-Ohio-5836, ¶ 43 (2d Dist.). {¶ 64} We apply a de novo standard of review when evaluating R.C. 2941.25 merger decisions.

11
State v. Taylor-Hollingsworthgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024See Taylor-Hollingsworth, 2023-Ohio-4435, at ¶ 28 (holding that if any of the Ruff factors is met, the offenses do not merge).

2024See Taylor-Hollingsworth, 2023-Ohio-4435, at ¶ 28 (holding that if any of the Ruff factors is met, the offenses do not merge).

11
State v. Saxtongreen
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024Franklin No. 18AP-925, 2019-Ohio-5257, ¶ 41 (arguing that the appellate court “need not engage in the Ruff analysis because R.C. 2925.11, the possession statute, indicates -26- Case Nos. 1-23-17, 1-23-18 and 1-23-19 a legislative intent to calibrate the punishment for the offense based on the aggregate drug weight”). {¶51} Typically, “‘where two statutory provisions proscribe the “same offense,” they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.’” (Emphasis sic.) Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , at ¶ 11, quo

2024Franklin No. 18AP-925, 2019-Ohio-5257, ¶ 41 (arguing that the appellate court “need not engage in the Ruff analysis because R.C. 2925.11, the possession statute, indicates -26- Case Nos. 1-23-17, 1-23-18 and 1-23-19 a legislative intent to calibrate the punishment for the offense based on the aggregate drug weight”). {¶51} Typically, “‘where two statutory provisions proscribe the “same offense,” they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.’” (Emphasis sic.) Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , at ¶ 11, quo

11
State v. McKnightgreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023McKnight, 2022-Ohio-591, at ¶ 35 (“We note again that Ruff directed that if any one of the three prongs is met, the counts do not merge.”). {¶ 29} Appellant’s sole assignment of error is overruled.

11
State v. Ramunasgreen
ohio · 2022 · cited in 1 Ohio opinions naming this issue, 2023–2023
2 sentences

2023Rather, an allied-offenses analysis must be driven by the facts of each case.” State v. Ramunas, __Ohio St.3d__, 2022-Ohio-4199, ¶ 22 (Fischer, J., dissenting). “[B]ecause an offense may be committed in a variety of ways[,] and the offenses committed may have different import,” the Ruff analysis must focus on the appellant’s conduct to resolve whether one or more convictions may result.

2023Rather, an allied-offenses analysis must be driven by the facts of each case.” State v. Ramunas, __Ohio St.3d__, 2022-Ohio-4199, ¶ 22 (Fischer, J., dissenting). “[B]ecause an offense may be committed in a variety of ways[,] and the offenses committed may have different import,” the Ruff analysis must focus on the appellant’s conduct to resolve whether one or more convictions may result.

11
State v. Crossleygreen
ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
State v. Grate (Slip Opinion)green
ohio · 2020 · cited in 1 Ohio opinions naming this issue, 2021–2021
11
State v. Lovatogreen
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2021–2021
11
State v. Mpanurwagreen
ohioctapp · 2017 · cited in 1 Ohio opinions naming this issue, 2020–2020
11
State v. Robersongreen
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2019–2019
11
State v. Napiergreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2018–2018
11
State v. Ervin-Williamsgreen
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2018–2018
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 (37)

CaseCitedYears
State v. LeGrant green
ohioctapp · 2014
2 sentences

2021Miami No. 2013-CA-44, 2014-Ohio-5803, ¶ 15 . *** We reach the same conclusion under the Ruff standard, which the Ohio Supreme Court applied in Earley.

2021Miami No. 2013-CA-44, 2014-Ohio-5803, ¶ 15 . *** We reach the same conclusion under the Ruff standard, which the Ohio Supreme Court applied in Earley.

112016–2021
State v. Earley (Slip Opinion) green
ohio · 2015
2 sentences

2024See R.C. 2941.25; State v. Earley, 2015-Ohio-4615 , ¶ 18 (“[t]he allied-offense statute, R.C. 2941.25, concerns the merger of convictions,” and, “[b]y applying R.C. 2941.25, courts determine whether a defendant can be convicted of multiple offenses” [emphasis in original]). {¶29} Finally, although Cass baldly asserts that “[o]ther combinations of Cass’ eight counts of convictions [sic] could satisfy the Ruff test,” he fails to elaborate any further.

2024See R.C. 2941.25; State v. Earley, 2015-Ohio-4615 , ¶ 18 (“[t]he allied-offense statute, R.C. 2941.25, concerns the merger of convictions,” and, “[b]y applying R.C. 2941.25, courts determine whether a defendant can be convicted of multiple offenses” [emphasis in original]). {¶29} Finally, although Cass baldly asserts that “[o]ther combinations of Cass’ eight counts of convictions [sic] could satisfy the Ruff test,” he fails to elaborate any further.

92018–2025
State v. Ruff green
ohio · 2015
2 sentences

2024Franklin No. 18AP-925, 2019-Ohio-5257, ¶ 41 (arguing that the appellate court “need not engage in the Ruff analysis because R.C. 2925.11, the possession statute, indicates -26- Case Nos. 1-23-17, 1-23-18 and 1-23-19 a legislative intent to calibrate the punishment for the offense based on the aggregate drug weight”). {¶51} Typically, “‘where two statutory provisions proscribe the “same offense,” they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.’” (Emphasis sic.) Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , at ¶ 11, quo

2024Franklin No. 18AP-925, 2019-Ohio-5257, ¶ 41 (arguing that the appellate court “need not engage in the Ruff analysis because R.C. 2925.11, the possession statute, indicates -26- Case Nos. 1-23-17, 1-23-18 and 1-23-19 a legislative intent to calibrate the punishment for the offense based on the aggregate drug weight”). {¶51} Typically, “‘where two statutory provisions proscribe the “same offense,” they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.’” (Emphasis sic.) Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , at ¶ 11, quo

82016–2024
State v. Logan green
ohio · 1979
2 sentences

2021Id. at syllabus. {¶19} “‘Although Logan predates Ruff, Ohio courts continue to apply the guidelines set forth in Logan in determining whether kidnapping and another offense were committed with a separate animus, in accordance with the third prong of the Ruff test.’” State v. Cook, 11th Dist.

2021Id. at syllabus. {¶19} “‘Although Logan predates Ruff, Ohio courts continue to apply the guidelines set forth in Logan in determining whether kidnapping and another offense were committed with a separate animus, in accordance with the third prong of the Ruff test.’” State v. Cook, 11th Dist.

72017–2021
State v. Washington green
ohio · 2013
2 sentences

2023State v. Washington, 137 Ohio St.3d 427 , 2013-Ohio- 4982, 999 N.E.2d 661 , ¶ 18. 11. {¶ 33} Applying the Ruff analysis, we find that appellant’s conduct supports multiple offenses.

2023State v. Washington, 137 Ohio St.3d 427 , 2013-Ohio- 4982, 999 N.E.2d 661 , ¶ 18. 11. {¶ 33} Applying the Ruff analysis, we find that appellant’s conduct supports multiple offenses.

42018–2023
Collins v. St. Elizabeth Hospital green
ohio · 1987
2 sentences

2019State v. Washington, 137 Ohio St.3d 427 , 2013-Ohio- 4982, 999 N.E.2d 661 , ¶ 18, citing State v. Mughni, 33 Ohio St.3d 65, 67 , 514 N.E.2d 870 (1987). 10. {¶ 25} Under the Ruff test, we first address whether the sexual battery and extortion offenses were “dissimilar in import”―i.e., whether the offenses involved separate victims or “separate and identifiable” harm.

2019State v. Washington, 137 Ohio St.3d 427 , 2013-Ohio- 4982, 999 N.E.2d 661 , ¶ 18, citing State v. Mughni, 33 Ohio St.3d 65, 67 , 514 N.E.2d 870 (1987). 10. {¶ 25} Under the Ruff test, we first address whether the sexual battery and extortion offenses were “dissimilar in import”―i.e., whether the offenses involved separate victims or “separate and identifiable” harm.

32018–2019
State v. Dammons neutral
ohioctapp · 2011
2 sentences

2024E.g., State v. Byers, Cuyahoga App. No. 94922, 2011-Ohio-342 , ¶ 9 (“The ubiquitousness of cell phones is such that the mere possession of a cell phone is not ipso facto proof that it was used in drug trafficking.”)” Id. at ¶ 27, quoting State v. Dammons, 2011-Ohio-2908 (8th Dist.). {¶74} Applying that logic, the court in Olmstead “conclude[d] that the conduct underlying the possession of criminal tools was separate from the conduct underlying the possession of cocaine for the purposes of the Ruff analysis[.]” Id. at ¶ 29.

2018Cuyahoga Nos. 94878, 2011-Ohio-2908, ¶ 24 . {¶ 29} The conduct underlying the possession of criminal tools was, therefore, separate from the conduct underlying the sale and possession of drugs for the purposes of the Ruff analysis and we reject appellant's arguments regarding possession of criminal tools. {¶ 30} Appellant's first assignment of error is overruled.

22018–2024
State v. Asadi-Ousley green
ohioctapp · 2017
2 sentences

2018"Although Logan predates Ruff , Ohio courts continue to apply the guidelines set forth in Logan in determining whether kidnapping and another offense were committed with a separate animus, in accordance with the third prong of the Ruff test." State v. Asadi-Ousley , 2017-Ohio-7252 , 102 N.E.3d 52 , ¶ 47, reopened on other grounds , citing State v. Armengau , 2017-Ohio-4452 , 93 N.E.3d 284 , ¶ 125, State v. Williams , 2015-Ohio-4100 , 43 N.E.3d 797 , ¶ 18, and State v. Stinnett , 5th Dist.

2018"Although Logan predates Ruff , Ohio courts continue to apply the guidelines set forth in Logan in determining whether kidnapping and another offense were committed with a separate animus, in accordance with the third prong of the Ruff test." State v. Asadi-Ousley , 2017-Ohio-7252 , 102 N.E.3d 52 , ¶ 47, reopened on other grounds , citing State v. Armengau , 2017-Ohio-4452 , 93 N.E.3d 284 , ¶ 125, State v. Williams , 2015-Ohio-4100 , 43 N.E.3d 797 , ¶ 18, and State v. Stinnett , 5th Dist.

22018–2021
State v. Cook green
ohioctapp · 2018
2 sentences

2021Geauga No. 2016-G-0096, 2018-Ohio-788, ¶15 , quoting State v. Asadi-Ousley, 8th Dist.

2021Geauga No. 2016-G-0096, 2018-Ohio-788, ¶15 , quoting State v. Asadi-Ousley, 8th Dist.

22019–2021
State v. Johnson green
ohio · 2010
2 sentences

2021Thus, the same set of offenses might yield different results in different cases, “‘given that the statute instructs courts to examine a defendant’s conduct – an inherently subjective determination.’” Id. at ¶ 32, quoting State v. Johnson, 128 Ohio St.3d 153 , 2010-Ohio- 6314, 942 N.E.2d 1061 , ¶ 52 (plurality opinion). {¶ 32} In applying the Ruff analysis, rather than focusing on the various elements of each offense, courts consider three, separate factors: “the conduct, the animus, and the import.” Ruff at paragraph one of the syllabus.

2021Thus, the same set of offenses might yield different results in different cases, “‘given that the statute instructs courts to examine a defendant’s conduct – an inherently subjective determination.’” Id. at ¶ 32, quoting State v. Johnson, 128 Ohio St.3d 153 , 2010-Ohio- 6314, 942 N.E.2d 1061 , ¶ 52 (plurality opinion). {¶ 32} In applying the Ruff analysis, rather than focusing on the various elements of each offense, courts consider three, separate factors: “the conduct, the animus, and the import.” Ruff at paragraph one of the syllabus.

22017–2021
State v. Sowers green
ohioctapp · 2019
2 sentences

2020Clark No. 2018-CA-58, 2019-Ohio-649, ¶ 18 , citing State v. Armengau, 10th Dist.

2020Clark No. 2018-CA-58, 2019-Ohio-649, ¶ 18 , citing State v. Armengau, 10th Dist.

22019–2020
State v. Moore green
ohioctapp · 2018
2 sentences

2025Id. {¶ 12} Applying the Ruff test to the facts here, we find that Coleman's convictions for aggravated robbery and abduction do not merge.

2025Id. {¶ 12} Applying the Ruff test to the facts here, we find that Coleman's convictions for aggravated robbery and abduction do not merge.

12025–2025
State v. St. John green
ohioctapp · 2017
2 sentences

2025John, 2017-Ohio-4043 (11th Dist.), the Eleventh District wrote that under the first prong of the Ruff standard: “[g]ross sexual imposition and rape may, depending on the circumstances, be allied offenses of similar import.

2025John, 2017-Ohio-4043 (11th Dist.), the Eleventh District wrote that under the first prong of the Ruff standard: “[g]ross sexual imposition and rape may, depending on the circumstances, be allied offenses of similar import.

12025–2025
State v. Damron green
ohio · 2011
2 sentences

2024State v. Damron, 2011-Ohio-2268, ¶ 17 . {¶38} We now apply a Ruff analysis to appellant’s allied offense argument.

2024State v. Damron, 2011-Ohio-2268, ¶ 17 . {¶38} We now apply a Ruff analysis to appellant’s allied offense argument.

12024–2024
Whalen v. United States green
scotus · 1980
2 sentences

2024Franklin No. 18AP-925, 2019-Ohio-5257, ¶ 41 (arguing that the appellate court “need not engage in the Ruff analysis because R.C. 2925.11, the possession statute, indicates -26- Case Nos. 1-23-17, 1-23-18 and 1-23-19 a legislative intent to calibrate the punishment for the offense based on the aggregate drug weight”). {¶51} Typically, “‘where two statutory provisions proscribe the “same offense,” they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.’” (Emphasis sic.) Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , at ¶ 11, quo

2024Franklin No. 18AP-925, 2019-Ohio-5257, ¶ 41 (arguing that the appellate court “need not engage in the Ruff analysis because R.C. 2925.11, the possession statute, indicates -26- Case Nos. 1-23-17, 1-23-18 and 1-23-19 a legislative intent to calibrate the punishment for the offense based on the aggregate drug weight”). {¶51} Typically, “‘where two statutory provisions proscribe the “same offense,” they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.’” (Emphasis sic.) Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , at ¶ 11, quo

12024–2024
Blockburger v. United States green
scotus · 1931
2 sentences

2022I would therefore return to comparing the offenses in the abstract to determine their import, applying the tests set forth in Blockburger, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 , and in this court’s early R.C. 2945.21 precedent: that is, if “the commission of one offense will necessarily result in commission of the other, then the offenses are allied offenses of similar import,” State v. Cabrales, 118 Ohio St.3d 54 , 2008-Ohio-1625 , 886 N.E.2d 181, ¶ 26 .

2022I would therefore return to comparing the offenses in the abstract to determine their import, applying the tests set forth in Blockburger, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 , and in this court’s early R.C. 2945.21 precedent: that is, if “the commission of one offense will necessarily result in commission of the other, then the offenses are allied offenses of similar import,” State v. Cabrales, 118 Ohio St.3d 54 , 2008-Ohio-1625 , 886 N.E.2d 181, ¶ 26 .

12022–2022
State v. McAlpin green
ohio · 2022
12022–2022
State v. Cabrales green
ohio · 2008
12022–2022
State v. Vanausdal green
ohioctapp · 2016
12022–2022
State v. Roberts green
ohioctapp · 2019
12021–2021
State v. Frye green
ohioctapp · 2018
12020–2020
State v. Williams green
ohio · 2012
12020–2020
State v. Whipple green
ohioctapp · 2012
12020–2020
State v. Glenn green
ohioctapp · 2012
12020–2020
State v. Ishmail green
ohio · 1978
12019–2019
Morgan v. Eads green
ohio · 2004
12019–2019
State v. Miranda green
ohio · 2014
12019–2019
State v. Rucker neutral
ohioctapp · 2012
12019–2019
State v. Williams green
ohioctapp · 2015
12018–2018
State v. Jackson green
ohioctapp · 1993
12018–2018
State v. Grayson green
ohctapp8cuyahog · 2017
12018–2018
State v. Stinnett neutral
ohioctapp · 2016
12018–2018
State v. Rance green
ohio · 1999
12017–2017
State v. Lewis red
ohio · 1999
12017–2017
State v. English neutral
ohioctapp · 2015
12017–2017
State v. Jones green
ohioctapp · 2017
12017–2017
State v. Echols green
ohioctapp · 2015
12016–2016

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2941.25 (67) OH § Ohio Rev. Code § 2905.01 (29) OH § Ohio Rev. Code § 2929.14 (24) OH § Ohio Rev. Code § 2907.02 (23) OH § Ohio Rev. Code § 2903.11 (21) OH § Ohio Rev. Code § 2953.08 (15) OH § Ohio Rev. Code § 2901.01 (14) OH § Ohio Rev. Code § 2911.01 (14) OH § Ohio Rev. Code § 2901.22 (11) OH § Ohio Rev. Code § 2907.01 (10) OH § Ohio Rev. Code § 2913.01 (10) OH § Ohio Rev. Code § 2923.13 (10)

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

OH 70 (2016–2026) MD 4 (2004–2011) SC 2 (2005–2015) WA 2 (1995–2002)

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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