exercise of the peremptory challenge (Ohio) · Go Syfert
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exercise of the peremptory challenge in Ohio

9 Ohio opinions name it 2 courts 1988–2023 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
Batson v. Kentuckygreen
scotus · 1986 · cited in 3 Ohio opinions naming this issue, 2016–2017
2 sentences

2017See id. at 97-98 , 106 S.Ct. 1712 .

2016“The trial court’s finding turns largely on evaluations of credibility and is given great deference.” Payne at ¶ 22 , citing Batson at 98, fn. 21 . {¶13} Here, the race neutral reason given for the exercise of the peremptory challenge was that Ms. Griffin was concerned about leaving by 5:00.

33
State v. Broomgreen
ohio · 1988 · cited in 4 Ohio opinions naming this issue, 1997–2023
2 sentences

2023State v. Bell, 3rd Dist. Marion No. 9-90-79, 1991 WL 71926 (1991). {¶50} In State v. Broom, 40 Ohio St.3d 277 , 533 N.E.2d 682 (1988), the Ohio Supreme Court in following the decisions of the United States Supreme Court in Gray v. Mississippi, 481 U.S. 648, 665 , 107 S.Ct. 2045 , 95 L.Ed.2d 622 (1987) and Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988) stated: The relevant inquiry in this situation is ‘whether the composition of the jury panel as a whole could possibly have been affected by the trial court’s error.’ [Emphasis included.] [Citations omitted.] * * * any cla

2023State v. Bell, 3rd Dist. Marion No. 9-90-79, 1991 WL 71926 (1991). {¶50} In State v. Broom, 40 Ohio St.3d 277 , 533 N.E.2d 682 (1988), the Ohio Supreme Court in following the decisions of the United States Supreme Court in Gray v. Mississippi, 481 U.S. 648, 665 , 107 S.Ct. 2045 , 95 L.Ed.2d 622 (1987) and Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988) stated: The relevant inquiry in this situation is ‘whether the composition of the jury panel as a whole could possibly have been affected by the trial court’s error.’ [Emphasis included.] [Citations omitted.] * * * any cla

14
State v. Hillgreen
ohio · 1995 · cited in 1 Ohio opinions naming this issue, 1999–1999
1 sentence

1999See Hill , 73 Ohio St.3d at 445 ; Cook , 65 Ohio St.3d at 519 .

11
State v. Allengreen
ohio · 1995 · cited in 1 Ohio opinions naming this issue, 1997–1997
2 sentences

1997See State v. Allen (1995), 73 Ohio St.3d 626, 646 [ 653 N.E.2d 675, 692-693 ] (Wright, J., dissenting). ‘In order to state a constitutional violation in this situation, the defendant must use all of his peremptory challenges and demonstrate that one of the jurors seated was not impartial.’ Broom at 288 [ 533 N.E.2d at 695 ].

1997See State v. Allen (1995), 73 Ohio St.3d 626, 646 [ 653 N.E.2d 675, 692-693 ] (Wright, J., dissenting). ‘In order to state a constitutional violation in this situation, the defendant must use all of his peremptory challenges and demonstrate that one of the jurors seated was not impartial.’ Broom at 288 [ 533 N.E.2d at 695 ].

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 (4)

CaseCitedYears
Ross v. Oklahoma green
scotus · 1988
2 sentences

2023State v. Bell, 3rd Dist. Marion No. 9-90-79, 1991 WL 71926 (1991). {¶50} In State v. Broom, 40 Ohio St.3d 277 , 533 N.E.2d 682 (1988), the Ohio Supreme Court in following the decisions of the United States Supreme Court in Gray v. Mississippi, 481 U.S. 648, 665 , 107 S.Ct. 2045 , 95 L.Ed.2d 622 (1987) and Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988) stated: The relevant inquiry in this situation is ‘whether the composition of the jury panel as a whole could possibly have been affected by the trial court’s error.’ [Emphasis included.] [Citations omitted.] * * * any cla

2023State v. Bell, 3rd Dist. Marion No. 9-90-79, 1991 WL 71926 (1991). {¶50} In State v. Broom, 40 Ohio St.3d 277 , 533 N.E.2d 682 (1988), the Ohio Supreme Court in following the decisions of the United States Supreme Court in Gray v. Mississippi, 481 U.S. 648, 665 , 107 S.Ct. 2045 , 95 L.Ed.2d 622 (1987) and Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988) stated: The relevant inquiry in this situation is ‘whether the composition of the jury panel as a whole could possibly have been affected by the trial court’s error.’ [Emphasis included.] [Citations omitted.] * * * any cla

41988–2023
Gray v. Mississippi green
scotus · 1987
2 sentences

2023State v. Bell, 3rd Dist. Marion No. 9-90-79, 1991 WL 71926 (1991). {¶50} In State v. Broom, 40 Ohio St.3d 277 , 533 N.E.2d 682 (1988), the Ohio Supreme Court in following the decisions of the United States Supreme Court in Gray v. Mississippi, 481 U.S. 648, 665 , 107 S.Ct. 2045 , 95 L.Ed.2d 622 (1987) and Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988) stated: The relevant inquiry in this situation is ‘whether the composition of the jury panel as a whole could possibly have been affected by the trial court’s error.’ [Emphasis included.] [Citations omitted.] * * * any cla

2023State v. Bell, 3rd Dist. Marion No. 9-90-79, 1991 WL 71926 (1991). {¶50} In State v. Broom, 40 Ohio St.3d 277 , 533 N.E.2d 682 (1988), the Ohio Supreme Court in following the decisions of the United States Supreme Court in Gray v. Mississippi, 481 U.S. 648, 665 , 107 S.Ct. 2045 , 95 L.Ed.2d 622 (1987) and Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988) stated: The relevant inquiry in this situation is ‘whether the composition of the jury panel as a whole could possibly have been affected by the trial court’s error.’ [Emphasis included.] [Citations omitted.] * * * any cla

12023–2023
State v. Payne green
ohioctapp · 2013
1 sentence

2016However, even where a facially race neutral reason is provided, “[i]n the third step of the Batson analysis, the trial court must determine whether, under all the relevant circumstances, the [State] has met his burden of proving purposeful racial discrimination.” Payne, 2013-Ohio-5230, at ¶ 22 , citing Batson at 96-97.

12016–2016
State v. Cook green
ohio · 1992
1 sentence

1999See Hill , 73 Ohio St.3d at 445 ; Cook , 65 Ohio St.3d at 519 .

11999–1999

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2901.22 (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

MS 24 (1993–2025) OH 9 (1988–2023) FL 9 (1987–2014) NY 9 (1994–2026) CA 7 (1951–2014) CT 7 (1999–2022) MD 5 (1976–1992) WA 4 (1995–2000) OK 4 (1994–2000) TN 4 (2010–2022) GA 4 (1994–2010) TX 4 (1993–2006) KY 3 (2002–2007) LA 3 (1976–2005) AL 2 (2015–2016) UT 2 (1991–2002) HI 2 (2005–2019)

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.

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