advisory opinion rule (Ohio) · Go Syfert
← Ohio issues

advisory opinion rule in Ohio

8 Ohio opinions name it 1 courts 2004–2008 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 (1)

CaseFollowedCited
State v. Bistrickygreen
ohioctapp · 1990 · cited in 4 Ohio opinions naming this issue, 2006–2008
2 sentences

2008See State v. Bistricky (1990), 66 Ohio App .3d 395, 397, 584 N.E.2d 75 .

2008See State v. Bistricky (1990), 66 Ohio App .3d 395, 397, 584 N.E.2d 75 . {¶ 47} Appellant's Sixth Assignment of Error is found moot. {¶ 48} For the foregoing reasons, the judgment of the Court of Common Pleas, Delaware County, Ohio, is hereby affirmed in part, reversed in part, and remanded.

44

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 (13)

CaseCitedYears
North Canton v. Hutchinson green
· 1996
2 sentences

2006Id., citing City of North Canton v. Hutchinson, 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 , 661 N.E.2d 1000 ; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , 92 N.E.21 (holding that an appellate court is not required to issue an advisory opinion to rule on a question of law that cannot affect matters at issue in a case). {¶ 6} Accordingly, the State's assignments of error are overruled. 1 Judgment affirmed.

2006Council (1969), 22 Ohio App. 2d 39 , 43 . 7 City of North Canton v. Hutchinson (1996), 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 ; Egan v. National Distillers Chemical Corp. (1986), 25 Ohio St. 3d 176 , syllabus; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 . 8 We note that this court in State v. McCann, Cuyahoga App. No. 85657, 2006-Ohio-171 , recently resolved this issue based on standing.

22006–2006
Housing Auth. v. Union green
ohioctapp · 1969
2 sentences

2006Id., citing City of North Canton v. Hutchinson, 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 , 661 N.E.2d 1000 ; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , 92 N.E.21 (holding that an appellate court is not required to issue an advisory opinion to rule on a question of law that cannot affect matters at issue in a case). {¶ 6} Accordingly, the State's assignments of error are overruled. 1 Judgment affirmed.

2006Council (1969), 22 Ohio App. 2d 39 , 43 . 7 City of North Canton v. Hutchinson (1996), 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 ; Egan v. National Distillers Chemical Corp. (1986), 25 Ohio St. 3d 176 , syllabus; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 . 8 We note that this court in State v. McCann, Cuyahoga App. No. 85657, 2006-Ohio-171 , recently resolved this issue based on standing.

22006–2006
State v. Bistricky green
ohio · 1990
2 sentences

2006Council (1969), 22 Ohio App. 2d 39 , 43 . 7 City of North Canton v. Hutchinson (1996), 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 ; Egan v. National Distillers Chemical Corp. (1986), 25 Ohio St. 3d 176 , syllabus; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 . 8 We note that this court in State v. McCann, Cuyahoga App. No. 85657, 2006-Ohio-171 , recently resolved this issue based on standing.

2004No. CA2001-03-028, 2001-Ohio-8689 , citing Miner v. Witt (1910), 82 Ohio St. 237 , 238 (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 .

22004–2006
City of North Canton v. Hutchinson green
ohio · 1996
2 sentences

2006Id., citing City of North Canton v. Hutchinson, 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 , 661 N.E.2d 1000 ; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , 92 N.E.21 (holding that an appellate court is not required to issue an advisory opinion to rule on a question of law that cannot affect matters at issue in a case). {¶ 6} Accordingly, the State's assignments of error are overruled. 1 Judgment affirmed.

2006Council (1969), 22 Ohio App. 2d 39 , 43 . 7 City of North Canton v. Hutchinson (1996), 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 ; Egan v. National Distillers Chemical Corp. (1986), 25 Ohio St. 3d 176 , syllabus; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 . 8 We note that this court in State v. McCann, Cuyahoga App. No. 85657, 2006-Ohio-171 , recently resolved this issue based on standing.

22006–2006
Folmar v. Griffin, 07 Cae 06 0025 (6-17-2008) neutral
ohioctapp · 2008
1 sentence

2008Fomar v. Griffin , Delaware App. No. CAE06 0025, 2008-Ohio-2941 .

12008–2008
State v. Matthews green
ohio · 1998
1 sentence

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

12006–2006
State v. Rogers green
ohioctapp · 1990
1 sentence

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

12006–2006
State v. Adams green
ohio · 1980
1 sentence

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

12006–2006
Egan v. National Distillers & Chemical Corp. green
ohio · 1986
1 sentence

2006Council (1969), 22 Ohio App. 2d 39 , 43 . 7 City of North Canton v. Hutchinson (1996), 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 ; Egan v. National Distillers Chemical Corp. (1986), 25 Ohio St. 3d 176 , syllabus; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 . 8 We note that this court in State v. McCann, Cuyahoga App. No. 85657, 2006-Ohio-171 , recently resolved this issue based on standing.

12006–2006
State v. Schiebel green
ohio · 1990
2 sentences

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

12006–2006
State v. Matthews green
ohio · 1998
1 sentence

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

12006–2006
State v. McCann, Unpublished Decision (1-19-2006) neutral
ohioctapp · 2006
1 sentence

2006Council (1969), 22 Ohio App. 2d 39 , 43 . 7 City of North Canton v. Hutchinson (1996), 75 Ohio St.3d 112 , 114 , 1996-Ohio-170 ; Egan v. National Distillers Chemical Corp. (1986), 25 Ohio St. 3d 176 , syllabus; Miner v. Witt (1910), 82 Ohio St. 237 , 238 , (stating that an appellate court is not required to render an advisory opinion to rule on a question of law that cannot affect matters at issue in a case); State v. Bistricky (1990), 51 Ohio St.3d 157 , 158 . 8 We note that this court in State v. McCann, Cuyahoga App. No. 85657, 2006-Ohio-171 , recently resolved this issue based on standing.

12006–2006
City of Toledo v. Stuart green
ohioctapp · 1983
1 sentence

2006We agree with that analysis, and add both ripeness and advisory opinions as also jurisdictional bars to his claim. 9 State v. Matthew, 81 Ohio St.3d 375 , 1998-Ohio-433 , citing State v. Schiebel (1990), 55 Ohio St. 3d 71 , paragraph one of the syllabus. 10 State v. Schiebel, supra. 11 State v. Adams (1980), 62 Ohio St.2d 151 . 12 State v. Rogers (1990), 68 Ohio App.3d 4 , 7 ; Toledo v. Stuart (1983), 11 Ohio App.3d 292 , 293 . 13 Duncan also alleged juror misconduct as grounds for granting a new trial.

12006–2006

Where else courts name it

OH 8 (2004–2008) KY 4 (2015–2024) IL 3 (2014–2014) UT 2 (2020–2025) CO 2 (2015–2015) WA 2 (2011–2011) ND 2 (2008–2008)

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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