has considered factors (Ohio) · Go Syfert
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has considered factors in Ohio

9 Ohio opinions name it 2 courts 1966–2015 0 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Ohio.

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 (16)

CaseCitedYears
Fantozzi v. Sandusky Cement Products Co. green
ohio · 1992
2 sentences

2006"Where there is an objection to a videotape trial, and the trial court has consulted with counsel for the parties and filed an entry setting forth that the court has considered the factors of the rule, but still has ordered a videotape trial, a reviewing court should limit its inquiry to whether the trial court abused its discretion." (Emphasis in original.) Id. at 609-610 . {¶ 45} In this case, there is nothing in the record to indicate that the trial court consulted with counsel prior to issuing its order that all testimony was to be presented by videotape.

2004In the subsequent stage of review, the Supreme Court expressly limited the role of the reviewing court: "Where there is an objection to a videotape trial, and the trial court has consulted with counsel for the parties and filed an entry setting forth that the court has considered the factors of the rule, but still has ordered a videotape trial, a reviewing court should limit its inquiry to whether the trial court abused its discretion." Fantozzi, 64 Ohio St.3d at 610 .

22004–2006
State v. McKinney neutral
ohioctapp · 2015
1 sentence

2015Richland No. 14-CA-53, 2015-Ohio-372, ¶ 16 , this Court noted: Richland County, Case No. 15-CA-1 5 However, the failure to indicate at the sentencing hearing that the court has considered the factors in R.C. 2929.11 and 2929.12 does not automatically require reversal.

12015–2015
State v. Miller green
ohio · 2010
2 sentences

2014Violation of community control will lead to a prison term of ____ months/years and 5 years of post release control. ***" {¶10} In State v. Miller, 127 Ohio St.3d 407 , 2010-Ohio-5705 , the Ohio Supreme Court held, {¶11} "Moreover, a trial court lacks the authority to reconsider its own valid, final judgment in a criminal case, with two exceptions: (1) when a void sentence has been imposed and (2) when the judgment contains a clerical error.

2014Violation of community control will lead to a prison term of ____ months/years and 5 years of post release control. ***" {¶10} In State v. Miller, 127 Ohio St.3d 407 , 2010-Ohio-5705 , the Ohio Supreme Court held, {¶11} "Moreover, a trial court lacks the authority to reconsider its own valid, final judgment in a criminal case, with two exceptions: (1) when a void sentence has been imposed and (2) when the judgment contains a clerical error.

12014–2014
State v. Warrell green
ohioctapp · 1987
1 sentence

2011See Berkemer[;] State v. Warrell (1987), 41 Ohio App.3d 286 [.] This court has considered factors such as the location of the questioning (at home versus in the more restrictive environment of a police station), was the defendant a suspect at the time the interview began, was the defendant’s freedom to leave restricted in any way, was the defendant 8 handcuffed or told he was under arrest, were threats made during the interrogation, was the defendant physically intimidated during the interrogation, did the police verbally dominate the interrogation, the defendant’s purpose for being at the pla

12011–2011
State v. Knight, 04-Ca-35 (9-26-2008) green
ohioctapp · 2008
1 sentence

2011State v. Estepp (Nov. 26, 1997), Montgomery App. No. 16279.” State v. Knight, Clark App. No. 04-CA-35, 2008-Ohio-4926, at ¶120 ; State v. Brinegar, Montgomery App. No. 23296, 2010-Ohio-1607 , at ¶42. {¶ 20} Here, we find that Gaddis was not in custody when he made statements to Officer Bluma and Detective Colvin.

12011–2011
Foster v. Foster, Unpublished Decision (7-23-2004) green
ohioctapp · 2004
1 sentence

2008The court concludes that the award of the exemptions to plaintiff is in the best interest of the children." {¶ 89} This ruling was reflected in the final decree of divorce. {¶ 90} The court in Foster v. Foster , 2004-Ohio-3905 , citing the above statute, noted: "[w]hile all of the above factors must be considered and individually weighed, the crux of the issue is the best interest of the child." Id. at ¶ 22. {¶ 91} Both the decision of the magistrate, and the final determinations of the trial court regarding the dependency exemption issue, demonstrate that the court considered the factors of t

12008–2008
Leaders Moving Storage v. Indus. Comm., Unpublished Decision (3-16-2006) neutral
ohioctapp · 2006
1 sentence

2008Comm. , Franklin App. No. 05AP-455, 2006-Ohio-1211 , at ¶ 22 , this court stated: *Page 11 In prior opinions considering voluntary abandonment arguments based, in part, on written warnings, this court has considered those warnings in determining whether an employer's work rules sufficiently defined the prohibited conduct.

12008–2008
State v. Cottrell, Unpublished Decision (10-30-2003) green
ohioctapp · 2003
1 sentence

2005State v. Cottrell, Cuyahoga App. No. 81356, 2003-Ohio-5806 ; Comer, supra, citing, Griffin Katz, Sentencing Consistency: Basic Principles Instead of Numerical Grids: The Ohio Plan (2002), 53 Case W.Res.L.Rev. 1, 12. {¶ 15} In sentencing Barnwell, the trial court stated: "The court further finds this was an intended sex offense and that the offender is not amenable to an available community control sentence, that prison is consistent with the sentencing purposes and that the court wants to note that the court has considered the factors in Ohio Revised Code Section 2929.13 (B)(1) and has conside

12005–2005
Blakemore v. Blakemore green
ohio · 1983
1 sentence

2004Abuse of discretion is "more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable," Blakemore v. Blakemore (1983), 5 Ohio St.3d 217 , 219 ; it is a "perversity of will, passion, prejudice, partiality, or moral delinquency." Pons v. Ohio State Med.

12004–2004
Foundry Co. v. Landes neutral
· 1925
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966
Angell v. City of Toledo green
ohio · 1950
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966
City of Cincinnati v. Cincinnati Oil Works Co. neutral
ohio · 1931
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966
Stredelman v. City of Cincinnati green
· 1931
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966
Firestone v. City of Cambridge green
· 1925
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966
City of Cincinnati v. American Telephone & Telegraph Co. neutral
· 1925
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966
Haefner v. City of Youngstown green
· 1946
1 sentence

1966J. 344), said: “In other words, the court held that it is not necessary for the purpose of limiting municipal, taxing powers, that the General Assembly pass a ‘thou shalt not’ statute; it may as effectively achieve this result by implication, ‘by invading the field on its own account.’ It is this doctrine of pre-emption by implication, as distinguished from express interdiction, that has been both controversial and questionable in respect to municipal taxation in Ohio.” Cases in which this court has considered the doctrine of pre-emption by implication, in addition to Zielonka, supra, are Glob

11966–1966

Where else courts name it

PA 24 (1982–2026) CT 17 (1991–2016) LA 10 (2009–2021) OH 9 (1966–2015) TX 8 (1997–2024) MS 6 (1953–2004) ME 5 (1967–2023) MA 5 (1970–2016) NC 4 (1957–2015) NY 4 (1955–2014) CA 4 (2014–2022) SD 3 (1975–2011) NV 3 (1957–1996) GA 2 (1986–2013) NJ 2 (1989–1995) KS 2 (1975–1987) NE 2 (1945–1986) MO 2 (1986–1986) CO 2 (1970–2019)

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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