can decide error (Ohio) · Go Syfert
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can decide error in Ohio

8 Ohio opinions name it 1 courts 2004–2021 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
Hungler v. City of Cincinnatigreen
ohio · 1986 · cited in 8 Ohio opinions naming this issue, 2004–2021
2 sentences

2021"There must be sufficient basis in the record * * * upon which the court can decide that error." (Emphasis sic.) Hungler v. Cincinnati, 25 Ohio St.3d 338, 342 (1986).

2018In order to "recognize error not assigned by the parties, there must be sufficient basis in the record before it upon which the court can decide that error." (Emphasis sic.) Id. at 342 , 496 N.E.2d 912 .

78
Knapp v. Edwards Laboratoriesgreen
ohio · 1980 · cited in 3 Ohio opinions naming this issue, 2011–2017
2 sentences

2017Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 (1980). "[T]here must be sufficient basis in the record * * * upon which the court can decide that error." Hungler v. Cincinnati, 25 Ohio St.3d 338, 342 (1986). {¶ 19} In this case, Wiggins points to nothing in the record to support this claim.

2017Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 (1980). "[T]here must be sufficient basis in the record * * * upon which the court can decide that error." (Emphasis sic.) Hungler v. Cincinnati, 25 Ohio St.3d 338, 342 (1986). {¶ 30} First, we note that Stephens' purported recorded statement is not in the record.

23
State v. Peaglergreen
ohio · 1996 · cited in 2 Ohio opinions naming this issue, 2004–2018
2 sentences

2018See also State v. Peagler , 76 Ohio St.3d 496 , 499, 668 N.E.2d 489 (1996) (stating that App.R. 12"allows a court of appeals discretion in deciding to address an issue not briefed or raised below, the court of appeals must base any factual conclusions reached upon evidence that exists in the record").

2018See also State v. Peagler , 76 Ohio St.3d 496 , 499, 668 N.E.2d 489 (1996) (stating that App.R. 12"allows a court of appeals discretion in deciding to address an issue not briefed or raised below, the court of appeals must base any factual conclusions reached upon evidence that exists in the record").

12
State v. 1981 Dodge Ram Vangreen
ohio · 1988 · cited in 1 Ohio opinions naming this issue, 2004–2004
1 sentence

2004See, also, State v. 1981 Dodge Ram Van (1988), 36 Ohio St.3d 168 , 170 . {¶ 11} The Ohio Supreme Court explained in a subsequent case that, when reaching a question not assigned by the parties, there "must be sufficient basis in the record before it upon which the court can decide that error." (Emphasis sic.) Hungler v. Cincinnati (1986), 25 Ohio St.3d 338 , 342 .

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 (1)

CaseCitedYears
Massaro v. United States green
scotus · 2003
2 sentences

2011Knapp v. Edwards Laboratories (1980), 61 Ohio St.2d 197, 199 , 400 N.E.2d 384 . “[T]here must be sufficient basis in the record * * * upon which the court can decide that error.” Hungler v. Cincinnati (1986), 25 Ohio St.3d 338, 342 (emphasis sic). {¶50} In Massaro v. United States (2003), 538 U.S. 500 , 123 S.Ct. 1690 , 155 L.Ed.2d 714 , the United States Supreme Court emphasized the general unreviewability of trial counsel ineffectiveness claims on direct appeal. {¶51} “When an ineffective-assistance claim is brought on direct appeal, appellate counsel and the court must proceed on a trial re

2011Knapp v. Edwards Laboratories (1980), 61 Ohio St.2d 197, 199 , 400 N.E.2d 384 . “[T]here must be sufficient basis in the record * * * upon which the court can decide that error.” Hungler v. Cincinnati (1986), 25 Ohio St.3d 338, 342 (emphasis sic). {¶50} In Massaro v. United States (2003), 538 U.S. 500 , 123 S.Ct. 1690 , 155 L.Ed.2d 714 , the United States Supreme Court emphasized the general unreviewability of trial counsel ineffectiveness claims on direct appeal. {¶51} “When an ineffective-assistance claim is brought on direct appeal, appellate counsel and the court must proceed on a trial re

12011–2011

Where else courts name it

OH 8 (2004–2021) 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.

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