8 Ohio opinions name it 2 courts 2011–2023 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.
| Case | Followed | Cited |
|---|---|---|
State v. Whisenantgreen1 sentence2013Relevant circumstances in our inquiry include “age, experience, education, background, and intelligence” of the suspect, as well as “whether he has the capacity to understand warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 (1979); see also State v. Whisenant, 127 Ohio App.3d 75, 87 (11th Dist. 1998) (stating that suspect’s previous criminal experience is also a relevant circumstance). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fare v. Michael C.
green
2 sentences2016“Relevant circumstances in our inquiry include ‘age, experience, education, background, and intelligence’ of the suspect, as well as ‘whether he has the capacity to understand warnings given him, the nature of his Fifth Amendment -10- Case No. 12-15-11 rights, and the consequences of waiving those rights.’ ” Id., quoting Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979). 2016“Relevant circumstances in our inquiry include ‘age, experience, education, background, and intelligence’ of the suspect, as well as ‘whether he has the capacity to understand warnings given him, the nature of his Fifth Amendment -10- Case No. 12-15-11 rights, and the consequences of waiving those rights.’ ” Id., quoting Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979). | 5 | 2011–2016 |
State v. Barker (Slip Opinion)
green
2 sentences2020The court stated as follows: The totality approach permits—indeed, it mandates—inquiry into all the circumstances surrounding the interrogation, [including] evaluation of the juvenile's age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights. * * * “ ‘It is now commonly recognized that courts should take “special care” in scrutinizing a purported confession or waiver by a child.’ ” When an admission is obtained from a juvenile witho 2020The court stated as follows: The totality approach permits—indeed, it mandates—inquiry into all the circumstances surrounding the interrogation, [including] evaluation of the juvenile's age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights. * * * “ ‘It is now commonly recognized that courts should take “special care” in scrutinizing a purported confession or waiver by a child.’ ” When an admission is obtained from a juvenile witho | 3 | 2020–2023 |
State v. Ford (Slip Opinion)
green
1 sentence2023State v. Barker, 149 Ohio St.3d 1 , 2016-Ohio-2708 , 73 N.E.3d 365, ¶ 24 . {¶ 25} “[D]eficient intelligence is but one factor in the totality of the circumstances that must be considered in determining the voluntariness of a waiver.” State v. Ford, 158 Ohio St.3d 139 , 2019-Ohio-4539 , 140 N.E.3d 616 , ¶ 190. | 1 | 2023–2023 |
State v. Gumm
green
1 sentence2016“Relevant circumstances in our inquiry include ‘age, experience, education, background, and intelligence’ of the suspect, as well as ‘whether he has the capacity to understand warnings given him, the nature of his Fifth Amendment -10- Case No. 12-15-11 rights, and the consequences of waiving those rights.’ ” Id., quoting Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979). | 1 | 2016–2016 |
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.
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.