64 Ohio opinions name it 4 courts 1986–2026 4 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 |
|---|---|---|
Miller v. Millergreen2 sentences2026Dec. 14, 2000); Miller v. Miller, 2012-Ohio-2905, ¶ 18 (5th Dist.) (“R.C. 2323.51 does not purport to punish a party for raising an unsuccessful claim.”). 2013No. 11CA020, 2012-Ohio-2905, ¶ 18 (“R.C. 2323.51 does not purport to punish a party for raising an unsuccessful claim”). | 2 | 3 |
Strickland v. Washingtongreen2 sentences1986In summary, I too am aware of the admonition of the United States Supreme Court that “[j]udicial scrutiny of counsel’s performance must be highly deferential.” Strickland, supra, at 689 .1 adhere to this position lest we face a proliferation of ineffectiveness claims in which “[criminal trials resolved unfavorably to the defendant would increasingly come to be followed by a second trial, this one of counsel’s unsuccessful defense.” Id. at 690 . 1986In summary, I too am aware of the admonition of the United States Supreme Court that “[j]udicial scrutiny of counsel’s performance must be highly deferential.” Strickland, supra, at 689 .1 adhere to this position lest we face a proliferation of ineffectiveness claims in which “[criminal trials resolved unfavorably to the defendant would increasingly come to be followed by a second trial, this one of counsel’s unsuccessful defense.” Id. at 690 . | 1 | 51 |
Michel v. Louisianagreen2 sentences2026Therefore, “a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the [claimant] must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’” Strickland at 689 , quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955); see also In re Riley, 2003-Ohio-4109 , ¶ 18- 19 (4th Dist.). 2026Therefore, “a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’” Strickland at 689 , quoting Michel v. Louisiana, 350 U.S. 91 (1955). | 1 | 3 |
State v. Banksgreen2 sentences2025The United States Supreme Court noted in Strickland that “it is all too tempting for a defendant to second-guess his lawyer after conviction” and likewise that it would be “all too easy for a court, examining an unsuccessful defense in hindsight, to conclude that a particular act or omission was deficient.” State v. Banks, 2021-Ohio-511, ¶ 3 (8th Dist.), citing Strickland. 2025Therefore, appellate courts are required to “indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. | 1 | 1 |
Holmes v. Crawford Machine, Inc.green2 sentences2019See Holmes v. Crawford Mach., Inc., 134 Ohio St.3d 303 , 2012- Ohio-5380, 982 N.E.2d 643, ¶ 22 . 2019See Holmes v. Crawford Mach., Inc., 134 Ohio St.3d 303 , 2012- Ohio-5380, 982 N.E.2d 643, ¶ 22 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Knutty v. Wallace
green
2 sentences2018In contrast to these cases, DE was specifically found to have acted in bad faith. *1005 {¶ 131} In the context of claims under 42 U.S.C. 1988, parties are considered "prevailing for attorney fees purposes if they succeed on any significant issue in litigation that achieves some of the benefit the parties sought in bringing suit." Knutty v. Wallace , 100 Ohio App.3d 555 , 559, 654 N.E.2d 420 (10th Dist.1995). 2018In contrast to these cases, DE was specifically found to have acted in bad faith. *1005 {¶ 131} In the context of claims under 42 U.S.C. 1988, parties are considered "prevailing for attorney fees purposes if they succeed on any significant issue in litigation that achieves some of the benefit the parties sought in bringing suit." Knutty v. Wallace , 100 Ohio App.3d 555 , 559, 654 N.E.2d 420 (10th Dist.1995). | 1 | 2018–2018 |
State ex rel. Kabatek v. Stackhouse
green
2 sentences2018Hocking No. 94CA19, 1995 WL 767921 , at *8 (no evidence of bad faith); Caspar, 53 Ohio St.3d at 20 , 558 N.E.2d 49 (because defense was partially successful, defendant did not act in bad faith); Kabatek , 6 Ohio St.3d at 56 , 451 N.E.2d 248 (the fact alone of interposing an unsuccessful defense does not demonstrate bad faith). 2018Hocking No. 94CA19, 1995 WL 767921 , at *8 (no evidence of bad faith); Caspar, 53 Ohio St.3d at 20 , 558 N.E.2d 49 (because defense was partially successful, defendant did not act in bad faith); Kabatek , 6 Ohio St.3d at 56 , 451 N.E.2d 248 (the fact alone of interposing an unsuccessful defense does not demonstrate bad faith). | 1 | 2018–2018 |
State ex rel. Caspar v. City of Dayton
green
2 sentences2018Hocking No. 94CA19, 1995 WL 767921 , at *8 (no evidence of bad faith); Caspar, 53 Ohio St.3d at 20 , 558 N.E.2d 49 (because defense was partially successful, defendant did not act in bad faith); Kabatek , 6 Ohio St.3d at 56 , 451 N.E.2d 248 (the fact alone of interposing an unsuccessful defense does not demonstrate bad faith). 2018Hocking No. 94CA19, 1995 WL 767921 , at *8 (no evidence of bad faith); Caspar, 53 Ohio St.3d at 20 , 558 N.E.2d 49 (because defense was partially successful, defendant did not act in bad faith); Kabatek , 6 Ohio St.3d at 56 , 451 N.E.2d 248 (the fact alone of interposing an unsuccessful defense does not demonstrate bad faith). | 1 | 2018–2018 |
Hensley v. Eckerhart
green
2 sentences2013Id. “[W]ork on an unsuccessful claim cannot be deemed to have been expended in pursuit of the ultimate result achieved.” (Internal quotations and citations omitted.) Id. at 435 . 2013Id. “[W]ork on an unsuccessful claim cannot be deemed to have been expended in pursuit of the ultimate result achieved.” (Internal quotations and citations omitted.) Id. at 435 . | 1 | 2013–2013 |
Helfrich v. Mellon, 06-Ca-69 (6-27-2007)
neutral
1 sentence2010No. 06-CA-69, 2007-Ohio-3358 , 2007 WL 1881537 , at ¶ 72-73, Ulrich ultimately prevailed on all of his claims. | 1 | 2010–2010 |
State v. Smith, 23542 (9-28-2007)
green
1 sentence2009No. 23542, 2007-Ohio-5119 . {¶ 5} On October 24, 2007, Smith filed a petition for post-conviction relief, contending that he had received ineffective assistance of trial counsel because his trial attorneys pursued an unsuccessful defense and failed to investigate or discuss with him the possibility of the defense of not guilty by reason of insanity. | 1 | 2009–2009 |
State v. Griffin, Unpublished Decision (4-29-2004)
neutral
1 sentence2008State v. Griffin , Cuyahoga App. No. 82979, 2004-Ohio-2155 , ¶ 8 , citing Strickland . | 1 | 2008–2008 |
State v. King, Unpublished Decision (7-18-2006)
green
1 sentence2008"A court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance, that is the defendant must overcome the presumption that under the circumstances the challenged action `might be considered sound trial strategy.'" Id., quoting Michel v. Louisiana (1955), 350 U.S. 91 , 101 . {¶ 41} Furthermore, as stated in Strickland , even if appellant establishes that an error by his counsel was professionally unreasonable under all the circumstances of the case, he must still establish prejudice, to wit: that but for the unreasonable error t | 1 | 2008–2008 |
Commonwealth v. Bell
green
2 sentences1986In the case sub judice, however, the instances of counsel’s ineffectiveness are so compelling that I must agree in this instance that “it is unfair to hang the client because of the fault of the attorney * * *.” Commonwealth v. Bell (1965), 417 Pa. 291, 297 , 208 A. 2d 465, 469 , Musmanno, J., dissenting. 1986In the case sub judice, however, the instances of counsel’s ineffectiveness are so compelling that I must agree in this instance that “it is unfair to hang the client because of the fault of the attorney * * *.” Commonwealth v. Bell (1965), 417 Pa. 291, 297 , 208 A. 2d 465, 469 , Musmanno, J., dissenting. | 1 | 1986–1986 |
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.