result of the alleged error (Ohio) · Go Syfert
← Ohio issues

result of the alleged error in Ohio

9 Ohio opinions name it 2 courts 2004–2017 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 (2)

CaseFollowedCited
State v. Stallingsgreen
ohio · 2000 · cited in 1 Ohio opinions naming this issue, 2014–2014
2 sentences

2014See Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , at ¶ 246. {¶ 237} In addition, Thompson cannot show prejudice as a result of the alleged error. “[SJhorthand references to legal concepts during voir dire cannot be equated to final instructions given shortly before the jury’s penalty deliberations.” State v. Stallings, 89 Ohio St.3d 280, 285 , 731 N.E.2d 159 (2000).

2014See Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , at ¶ 246. {¶ 237} In addition, Thompson cannot show prejudice as a result of the alleged error. “[SJhorthand references to legal concepts during voir dire cannot be equated to final instructions given shortly before the jury’s penalty deliberations.” State v. Stallings, 89 Ohio St.3d 280, 285 , 731 N.E.2d 159 (2000).

11
State v. Langgreen
ohio · 2011 · cited in 1 Ohio opinions naming this issue, 2014–2014
2 sentences

2014See Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , at ¶ 246. {¶ 237} In addition, Thompson cannot show prejudice as a result of the alleged error. “[SJhorthand references to legal concepts during voir dire cannot be equated to final instructions given shortly before the jury’s penalty deliberations.” State v. Stallings, 89 Ohio St.3d 280, 285 , 731 N.E.2d 159 (2000).

2014See Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , at ¶ 246. {¶ 237} In addition, Thompson cannot show prejudice as a result of the alleged error. “[SJhorthand references to legal concepts during voir dire cannot be equated to final instructions given shortly before the jury’s penalty deliberations.” State v. Stallings, 89 Ohio St.3d 280, 285 , 731 N.E.2d 159 (2000).

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 (8)

CaseCitedYears
State v. Johnson green
ohio · 1988
2 sentences

2011State v. Johnson (1988), 40 Ohio St.3d 130, 133 , 532 N.E.2d 1295 .

2011State v. Johnson (1988), 40 Ohio St.3d 130, 133 , 532 N.E.2d 1295 .

22005–2011
Coleman v. Thompson green
scotus · 1991
2 sentences

2009No. 2003-T-0129, 2004-Ohio-3933 , at ¶ 13 , quoting Coleman v. Thompson (1997), 501 U.S. 722 , 750 . 4 The affidavits of Yolanda Johnson and Delphenia Guice were handwritten.

2004Id. at 493 . {¶ 13} The "cause and prejudice" doctrine provides as follows: "In all cases in which a state prisoner has defaulted his federal claims in state court pursuant to an independent and adequate state procedural rule, federal habeas review of the claims is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice." Coleman v. Thompson (1997), 501 U.S. 722 , 750 .

22004–2009
Padilla v. Kentucky green
scotus · 2010
1 sentence

2017Id.

12017–2017
Strickland v. Washington green
scotus · 1984
1 sentence

2016Under this “actual prejudice” prong, the defendant must show that “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 . {¶34} Based upon our analysis and disposition of Appellant’s first assigned error, we find Appellant’s argument with regard to counsel’s failure to argue allied offenses moot. {¶35} With regard to our analysis and disposition of Appellant’s second assignment of error, we find Appellant has not demonstrated prejudice as a result of the alleged error.

12016–2016
Blakemore v. Blakemore green
ohio · 1983
1 sentence

2013Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983). {¶35} Upon our review of the record, assuming arguendo the trial court erred in the admission of the evidence cited by Appellant, we find Appellant has not demonstrated prejudice as a result of the alleged error.

12013–2013
State v. Pough, Unpublished Decision (7-23-2004) green
ohioctapp · 2004
1 sentence

2009No. 2003-T-0129, 2004-Ohio-3933 , at ¶ 13 , quoting Coleman v. Thompson (1997), 501 U.S. 722 , 750 . 4 The affidavits of Yolanda Johnson and Delphenia Guice were handwritten.

12009–2009
Basham v. Basham, 06ca3085 (5-14-2007) green
ohioctapp · 2007
1 sentence

2009Medley v. Medley (August 31, 1998), Licking App. No. 98 CA 8. {¶ 148} Husband cites the Fourth District Court of Appeal's decision in Basham v. Basham , 2007-Ohio-3941 : *Page 17 {¶ 149} "We also recognize that the parties in the case placed the trial court in a difficult position because neither side produced evidence concerning the company's value.

12009–2009
McCleskey v. Zant green
scotus · 1991
1 sentence

2004Id. at 493 . {¶ 13} The "cause and prejudice" doctrine provides as follows: "In all cases in which a state prisoner has defaulted his federal claims in state court pursuant to an independent and adequate state procedural rule, federal habeas review of the claims is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice." Coleman v. Thompson (1997), 501 U.S. 722 , 750 .

12004–2004

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.14 (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

TX 14 (2002–2025) MN 10 (2008–2026) OH 9 (2004–2017) NY 8 (1959–2006) IL 7 (1988–2008) GA 6 (1976–2006) PA 5 (1969–2024) CA 5 (2014–2021) MO 5 (1999–2005) KY 3 (2005–2013) DE 3 (1985–2024) OR 2 (1983–2014) WA 2 (1999–1999) CT 2 (2009–2019) NM 2 (2011–2011)

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.

← Caselaw search · G Cite Topics · Brief Check