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9 Ohio opinions name it 2 courts 2015–2024 5 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 |
|---|---|---|
State v. Millergreen2 sentences2024“If a defendant has the ability to retain a qualified attorney, the Sixth Amendment generally protects his choice of counsel.” State v. Ross, 2018-Ohio-3524, ¶ 5 (9th Dist.), citing Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 625 (1989). “‘A court commits structural error when it wrongfully denies a defendant his counsel of -9- Case No. 1-23-51 choice, so a defendant need not demonstrate further prejudice.’” Id. at ¶ 5, quoting State v. Miller, 2015-Ohio-279, ¶ 8 (9th Dist.), citing Gonzalez-Lopez at 150 . {¶21} “[T]he ‘erroneous deprivation of the right to counsel of choice, 2018Summit No. 27048, 2015-Ohio-279 , 2015 WL 340936 , ¶ 8 ("A court commits structural error when it wrongfully denies a defendant his [Sixth Amendment right to his] counsel of choice[.]"); State v. Williams , 10th Dist. | 2 | 5 |
United States v. Gonzalez-Lopezgreen2 sentences2023Id. at 150 . 2021“A court commits structural error when it wrongfully denies a defendant his counsel of choice, so a defendant need not demonstrate further prejudice.” Id. | 1 | 3 |
Caplin & Drysdale, Chartered v. United Statesgreen1 sentence2024“If a defendant has the ability to retain a qualified attorney, the Sixth Amendment generally protects his choice of counsel.” State v. Ross, 2018-Ohio-3524, ¶ 5 (9th Dist.), citing Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 625 (1989). “‘A court commits structural error when it wrongfully denies a defendant his counsel of -9- Case No. 1-23-51 choice, so a defendant need not demonstrate further prejudice.’” Id. at ¶ 5, quoting State v. Miller, 2015-Ohio-279, ¶ 8 (9th Dist.), citing Gonzalez-Lopez at 150 . {¶21} “[T]he ‘erroneous deprivation of the right to counsel of choice, | 1 | 1 |
Sullivan v. Louisianagreen1 sentence2024“If a defendant has the ability to retain a qualified attorney, the Sixth Amendment generally protects his choice of counsel.” State v. Ross, 2018-Ohio-3524, ¶ 5 (9th Dist.), citing Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 625 (1989). “‘A court commits structural error when it wrongfully denies a defendant his counsel of -9- Case No. 1-23-51 choice, so a defendant need not demonstrate further prejudice.’” Id. at ¶ 5, quoting State v. Miller, 2015-Ohio-279, ¶ 8 (9th Dist.), citing Gonzalez-Lopez at 150 . {¶21} “[T]he ‘erroneous deprivation of the right to counsel of choice, | 1 | 1 |
State v. Rossgreen1 sentence2024“If a defendant has the ability to retain a qualified attorney, the Sixth Amendment generally protects his choice of counsel.” State v. Ross, 2018-Ohio-3524, ¶ 5 (9th Dist.), citing Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 625 (1989). “‘A court commits structural error when it wrongfully denies a defendant his counsel of -9- Case No. 1-23-51 choice, so a defendant need not demonstrate further prejudice.’” Id. at ¶ 5, quoting State v. Miller, 2015-Ohio-279, ¶ 8 (9th Dist.), citing Gonzalez-Lopez at 150 . {¶21} “[T]he ‘erroneous deprivation of the right to counsel of choice, | 1 | 1 |
State v. Hillgreen2 sentences2018Franklin No. 02AP-507, 2003-Ohio-2694 , 2003 WL 21213402 , ¶ 45, citing State v. Hill , 92 Ohio St.3d 191 , 749 N.E.2d 274 (2001) ("Structural errors 'deprive defendants of basic protections without which a criminal trial cannot [reliably] serve its function as a vehicle for determination of guilt or innocence.' "). 2018Franklin No. 02AP-507, 2003-Ohio-2694 , 2003 WL 21213402 , ¶ 45, citing State v. Hill , 92 Ohio St.3d 191 , 749 N.E.2d 274 (2001) ("Structural errors 'deprive defendants of basic protections without which a criminal trial cannot [reliably] serve its function as a vehicle for determination of guilt or innocence.' "). | 1 | 1 |
Wheat v. United Statesgreen1 sentence2017“A court commits structural error when it wrongfully denies a defendant his counsel of choice, so a defendant need not demonstrate further prejudice.” Miller at ¶ 8. “‘[T]he erroneous deprivation of a defendant’s choice of counsel entitles him to an automatic reversal of his conviction.’” Id., quoting Chambliss at ¶ 18 . {¶7} A defendant’s constitutional right to the counsel of his choice, however, is not unqualified, but is “circumscribed in several important respects.” Miller at ¶ 9, quoting Wheat v. United States, 486 U.S. 153, 159 (1988). “‘A defendant does not have the right to be represe | 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. Chambliss
green
2 sentences2024“If a defendant has the ability to retain a qualified attorney, the Sixth Amendment generally protects his choice of counsel.” State v. Ross, 2018-Ohio-3524, ¶ 5 (9th Dist.), citing Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 625 (1989). “‘A court commits structural error when it wrongfully denies a defendant his counsel of -9- Case No. 1-23-51 choice, so a defendant need not demonstrate further prejudice.’” Id. at ¶ 5, quoting State v. Miller, 2015-Ohio-279, ¶ 8 (9th Dist.), citing Gonzalez-Lopez at 150 . {¶21} “[T]he ‘erroneous deprivation of the right to counsel of choice, 2021The wrongful deprivation of a defendant’s choice of counsel “entitles [the defendant] to an automatic reversal of his conviction.” State v. Chambliss, 128 Ohio St.3d 507 , 2011-Ohio-1785 , 947 N.E.2d 651 , ¶ 18. | 3 | 2015–2024 |
Holloway v. Arkansas
green
1 sentence2017“A court commits structural error when it wrongfully denies a defendant his counsel of choice, so a defendant need not demonstrate further prejudice.” Miller at ¶ 8. “‘[T]he erroneous deprivation of a defendant’s choice of counsel entitles him to an automatic reversal of his conviction.’” Id., quoting Chambliss at ¶ 18 . {¶7} A defendant’s constitutional right to the counsel of his choice, however, is not unqualified, but is “circumscribed in several important respects.” Miller at ¶ 9, quoting Wheat v. United States, 486 U.S. 153, 159 (1988). “‘A defendant does not have the right to be represe | 1 | 2017–2017 |
State v. Howard
green
1 sentence2017Stark No. 2012CA00061, 2013-Ohio-2884, ¶ 39 . | 1 | 2017–2017 |
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.