60 Ohio opinions name it 3 courts 1990–2026 12 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 |
|---|---|---|
Ungar v. Sarafitegreen2 sentences2026The answer must be found in the circumstances present in every case, particularly in the reasons presented to the trial judge at the time the request is denied.’” State v. Lawson, 2020-Ohio-6852, ¶ 26 (2d Dist.), quoting Ungar v. Sarafite, 376 U.S. 575, 589 (1964). {¶ 22} Here, Mother’s request for a continuance was occasioned by technical issues that prevented her appearance at the scheduled hearing by video. 2014The answer must be found in the circumstances present in every case, particularly in the reasons presented [when] the request is denied.” Unger at 67 , quoting Ungar v. Sarafite, 376 U.S. 575, 589 (1964). | 2 | 2 |
In re Disqualification of Crowgreen2 sentences2013See In re Disqualification of Corrigan, 91 Ohio St.3d 1210 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed affidavit “less than three weeks before the scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit, but affiant waited “until a few days before a scheduled hearing”). *1276 {¶ 9} Even if En 2012See, e.g., In re Disqualification of Corrigan, 91 Ohio St.3d 1210, 1210-1211 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed “less than three weeks before the *1239 scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252, 1253 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit but affiant waited “until a few days before a scheduled hearing”). | 2 | 2 |
Village of Moreland Hills v. Abrahamgreen2 sentences2013See In re Disqualification of Corrigan, 91 Ohio St.3d 1210 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed affidavit “less than three weeks before the scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit, but affiant waited “until a few days before a scheduled hearing”). *1276 {¶ 9} Even if En 2012See, e.g., In re Disqualification of Corrigan, 91 Ohio St.3d 1210, 1210-1211 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed “less than three weeks before the *1239 scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252, 1253 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit but affiant waited “until a few days before a scheduled hearing”). | 2 | 2 |
Butland v. Butlandgreen2 sentences2001See In re Disqualification of Leskovyansky (1999), 88 Ohio St.3d 1210 , 723 N.E.2d 1099 . {¶ 3} Here, affiant claims that it was impossible to file the affidavit at least seven days prior to the hearing scheduled for March 2, 2001, because it was not apparent until March 1, 2001, “that the potential conflict of interest cited in the affidavit could not be resolved at the trial court level.” In support of this claim, affiant notes that co-counsel made three separate recusal requests of Judge Kontos, SUPREME COURT OF OHIO including a motion to recuse that was filed three days before the schedule 2001See In re Disqualification of Leskovyansky (1999), 88 Ohio St.3d 1210 , 723 N.E.2d 1099 . {¶ 3} Here, affiant claims that it was impossible to file the affidavit at least seven days prior to the hearing scheduled for March 2, 2001, because it was not apparent until March 1, 2001, “that the potential conflict of interest cited in the affidavit could not be resolved at the trial court level.” In support of this claim, affiant notes that co-counsel made three separate recusal requests of Judge Kontos, SUPREME COURT OF OHIO including a motion to recuse that was filed three days before the schedule | 1 | 3 |
State v. Ungergreen2 sentences2026“Absent such a circumstance, the hearing or trial shall proceed as scheduled.” Id. {¶29} In this case, Father’s counsel did not file a timely, written request for a continuance, nor did he demonstrate an emergency or unforeseen circumstance that would have justified continuance of the scheduled hearing. 2026“Absent such a circumstance, the hearing or trial shall proceed as scheduled.” Id. {¶29} In this case, Father’s counsel did not file a timely, written request for a continuance, nor did he demonstrate an emergency or unforeseen circumstance that would have justified continuance of the scheduled hearing. | 1 | 2 |
State v. Greengreen2 sentences2014See In re Disqualification of Kontos, 94 Ohio St.3d 1224 , 763 N.E.2d 595 (2001); In re Disqualification of Squire, 101 Ohio St.3d 1226 , 2003-Ohio-7355 , 803 N.E.2d 825 . {¶ 7} In Kontos, the affiant filed his affidavit on the same day as the scheduled hearing, claiming that it was impossible to file his affidavit earlier because the judge had denied the affiant’s motion for recusal only a day before the trial. 2003Yet affiant did not file his recusal motion with the trial court until November 24 and waited seven additional days, and the day of the scheduled hearing, to file his affidavit of disqualification. {¶ 5} These facts are nearly identical to those presented by In re Disqualification of Kontos (2001), 94 Ohio St.3d 1224 , 763 N.E.2d 595 . | 1 | 2 |
Apple Valley Sales, Inc. v. Apple Valley Property Owners Ass'ngreen2 sentences2009Cf. In re Disqualification of Badger (1989), 43 Ohio St.3d 601 , 538 N.E.2d 1023 (holding that a judge may proceed with a scheduled hearing if the affidavit is untimely and no facts are set forth showing that it could not have been filed timely). {¶ 4} The affidavits were filed with the clerk of this court on October 19, 2009, the same day that the trial was scheduled to commence. 2009Cf. In re Disqualification of Badger (1989), 43 Ohio St.3d 601 , 538 N.E.2d 1023 (holding that a judge may proceed with a scheduled hearing if the affidavit is untimely and no facts are set forth showing that it could not have been filed timely). {¶ 4} The affidavits were filed with the clerk of this court on October 19, 2009, the same day that the trial was scheduled to commence. | 1 | 2 |
State v. Lawsongreen1 sentence2026The answer must be found in the circumstances present in every case, particularly in the reasons presented to the trial judge at the time the request is denied.’” State v. Lawson, 2020-Ohio-6852, ¶ 26 (2d Dist.), quoting Ungar v. Sarafite, 376 U.S. 575, 589 (1964). {¶ 22} Here, Mother’s request for a continuance was occasioned by technical issues that prevented her appearance at the scheduled hearing by video. | 1 | 1 |
Ohio v. Conningreen2 sentences2025See Connin, 2021-Ohio-4445, at ¶ 11 (6th Dist.); Hicks, 2009-Ohio-3115, at ¶ 32 (4th Dist.). 2025See Cox, 2022-Ohio-571, at ¶ 12-13 (3d Dist.); Connin, 2021-Ohio-4445, at ¶ 8-9 (6th Dist.). | 1 | 1 |
State v. Coxgreen1 sentence2025See Cox, 2022-Ohio-571, at ¶ 12-13 (3d Dist.); Connin, 2021-Ohio-4445, at ¶ 8-9 (6th Dist.). | 1 | 1 |
State v. Huffordgreen1 sentence2025See State v. Hufford, 2024-Ohio-2667, ¶ 8, 12 (12th Dist.) (while the court scheduled the hearing on a specific date, since “[t]he record [was] devoid of any evidence to indicate that this hearing ever actually took place,” reversal was required). {¶13} As noted by the State, the statute also provides that the victim “may be present and heard orally, in writing, or both at any hearing under this section.” R.C. 2953.32(C). | 1 | 1 |
State v. Hicks, 08ca6 (5-11-2009)green1 sentence2025See Connin, 2021-Ohio-4445, at ¶ 11 (6th Dist.); Hicks, 2009-Ohio-3115, at ¶ 32 (4th Dist.). | 1 | 1 |
State v. Malfregeotgreen1 sentence2025See also Malfregeot, 2024-Ohio-257 at ¶ 10 . {¶15} Although the trial court scheduled a hearing in response to C.L.’s motion to request a new hearing, solely for the purpose of allowing C.L. to voice his opposition to PAGE 5 OF 7 Case No. 2024-T-0079 the termination of Reed’s community control sentence, the additional hearing was scheduled after the trial court had rendered its decision. | 1 | 1 |
Marks v. Morgan Stanley Dean Witter Commercial Fin., 88948 (4-17-2008)green1 sentence2025Id. at ¶ 8, 19-20; Marks, 2008-Ohio-1820, at ¶ 37, 40 (Noting that the determination of whether to deny or grant a motion to compel arbitration can be very fact specific, this court found that the trial court appropriately denied motion to compel arbitration where neither party requested a hearing, the trial court scheduled a hearing but elected without objection to determine the issue on the briefs, and each party participated in discovery and submitted extensive evidentiary briefs addressing the relevant issues.); Fin. | 1 | 1 |
Black v. Ohio State Board of Psychologygreen2 sentences2024See Black v. State Bd. of Psychology, 160 Ohio App.3d 91 , 2005-Ohio-1449, ¶ 9 (10th Dist.) (stating the “[a]ppellant received an opportunity to participate in the hearing and waived that right and was not denied due process”); In re J.R.R., 12th Dist. 2024See Black v. State Bd. of Psychology, 160 Ohio App.3d 91 , 2005-Ohio-1449, ¶ 9 (10th Dist.) (stating the “[a]ppellant received an opportunity to participate in the hearing and waived that right and was not denied due process”); In re J.R.R., 12th Dist. | 1 | 1 |
Atkins v. Dept. of Job Family Servs., 08ap-182 (8-14-2008)green1 sentence2017Franklin No. 08AP-182, 2008-Ohio-4109 , 2008 WL 3522452 , ¶ 17. {¶ 19} O.A.C. 4146-7-02 provides that each interested party in a Review Commission proceeding "shall have all rights of fair hearing, including: * * * [t]he right to subpoenas for witnesses and documentary evidence and the right to present argument." O.A.C. 4146-15-01 provides as follows: "[i]f an interested party desires the issuance of subpoenas in order to compel the attendance of witnesses or production of evidence at a scheduled hearing, the party's request should be filed with the review commission at least five calendar day | 1 | 1 |
| Mayer v. Bristowgreen | 1 | 1 |
| State v. Scherergreen | 1 | 1 |
| In the Matter of Byrd, Unpublished Decision (6-23-2005)green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2020FIELDS WAS DENIED HIS RIGHT TO A FAIR TRIAL BY TRIAL COUNSEL’S WITHDRAWAL OF DEFENDANT’S MOTION TO SUPPRESS. {¶ 12} In his first assignment, Fields contends that he received ineffective assistance of counsel when his trial attorney withdrew his motion to suppress from consideration by the trial court prior to the scheduled hearing on that motion. {¶ 13} We review alleged instances of ineffective assistance of trial counsel under the two prong analysis set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 1 The State elected to proceed to sentencing on Count II of the indictment, a vi 2020FIELDS WAS DENIED HIS RIGHT TO A FAIR TRIAL BY TRIAL COUNSEL’S WITHDRAWAL OF DEFENDANT’S MOTION TO SUPPRESS. {¶ 12} In his first assignment, Fields contends that he received ineffective assistance of counsel when his trial attorney withdrew his motion to suppress from consideration by the trial court prior to the scheduled hearing on that motion. {¶ 13} We review alleged instances of ineffective assistance of trial counsel under the two prong analysis set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 1 The State elected to proceed to sentencing on Count II of the indictment, a vi | 2 | 2014–2020 |
Blakemore v. Blakemore
green
2 sentences2015Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶31} In support of her claim that the trial court should have granted a continuance, L.C. cites to case law that recognizes that where a parent facing the termination of parental rights has communicated with the trial court or with counsel to explain a problem with attending a scheduled hearing, the failure of the trial court to take “extra care” to ensure the parent could be present is an abuse of discretion. 2015Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶31} In support of her claim that the trial court should have granted a continuance, L.C. cites to case law that recognizes that where a parent facing the termination of parental rights has communicated with the trial court or with counsel to explain a problem with attending a scheduled hearing, the failure of the trial court to take “extra care” to ensure the parent could be present is an abuse of discretion. | 2 | 2013–2015 |
In re Disqualification of Belskis
green
2 sentences2013See In re Disqualification of Corrigan, 91 Ohio St.3d 1210 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed affidavit “less than three weeks before the scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit, but affiant waited “until a few days before a scheduled hearing”). *1276 {¶ 9} Even if En 2012See, e.g., In re Disqualification of Corrigan, 91 Ohio St.3d 1210, 1210-1211 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed “less than three weeks before the *1239 scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252, 1253 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit but affiant waited “until a few days before a scheduled hearing”). | 2 | 2012–2013 |
In re Disqualification of Linder
green
2 sentences2013See In re Disqualification of Corrigan, 91 Ohio St.3d 1210 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed affidavit “less than three weeks before the scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit, but affiant waited “until a few days before a scheduled hearing”). *1276 {¶ 9} Even if En 2012See, e.g., In re Disqualification of Corrigan, 91 Ohio St.3d 1210, 1210-1211 , 741 N.E.2d 137 (2000) (affiant waived objections to judge when incidents giving rise to claim of bias occurred “several months prior to the filing of the affidavit” and affiant filed “less than three weeks before the *1239 scheduled trial”); In re Disqualification of Belskis, 74 Ohio St.3d 1252, 1253 , 657 N.E.2d 1355 (1993) (denying affidavit when incident giving rise to claim of bias had been known for “some months prior” to filing of affidavit but affiant waited “until a few days before a scheduled hearing”). | 2 | 2012–2013 |
State ex rel. Brust v. Chambers-Smith (Slip Opinion)
green
1 sentence2025Brust v. Chambers-Smith, 2019-Ohio-857, ¶ 21 . | 1 | 2025–2025 |
State v. Quijada
green
2 sentences2024Id. at 360-361 . {¶49} Before a scheduled hearing, the state reported that “six pieces of jewelry, of unknown value, remained in police custody.” Quijada, 246 Ariz. at 362 , 439 P.3d 815 . 2024Id. at 360-361 . {¶49} Before a scheduled hearing, the state reported that “six pieces of jewelry, of unknown value, remained in police custody.” Quijada, 246 Ariz. at 362 , 439 P.3d 815 . | 1 | 2024–2024 |
Blon v. Royal Flush, Inc.
green
1 sentence2022Case No. 21 BE 0037 [Cite as Blon v. Royal Flush, Inc., 2022-Ohio-1958 .] For the reasons stated in the Opinion rendered herein, it is the final judgment and order of this Court that the judgment of the Court of Common Pleas of Belmont County, Ohio, is reversed, and the default judgment is vacated. | 1 | 2022–2022 |
State v. Gilbert (Slip Opinion)
green
2 sentences2022According to O’Brien’s Petition, the purpose of the scheduled hearing was because boxes on the No Contact Order “were unchecked that needed to be checked.” O’Brien’s Petition characterizes this as an “oversight” or an “overlook made by the State and/or the Court” when the order was reviewed and signed at sentencing. 4 Case No. 2022-T-0049 {¶10} “Once a final judgment [in a criminal matter] has been issued pursuant to Crim.R. 32, the trial court’s jurisdiction ends.” State v. Gilbert, 143 Ohio St.3d 150 , 2014-Ohio-4562 , 35 N.E.3d 493, ¶ 9 . 2022According to O’Brien’s Petition, the purpose of the scheduled hearing was because boxes on the No Contact Order “were unchecked that needed to be checked.” O’Brien’s Petition characterizes this as an “oversight” or an “overlook made by the State and/or the Court” when the order was reviewed and signed at sentencing. 4 Case No. 2022-T-0049 {¶10} “Once a final judgment [in a criminal matter] has been issued pursuant to Crim.R. 32, the trial court’s jurisdiction ends.” State v. Gilbert, 143 Ohio St.3d 150 , 2014-Ohio-4562 , 35 N.E.3d 493, ¶ 9 . | 1 | 2022–2022 |
Daugherty v. Daugherty
green
1 sentence2021Id. | 1 | 2021–2021 |
State v. Bradley
green
2 sentences2020FIELDS WAS DENIED HIS RIGHT TO A FAIR TRIAL BY TRIAL COUNSEL’S WITHDRAWAL OF DEFENDANT’S MOTION TO SUPPRESS. {¶ 12} In his first assignment, Fields contends that he received ineffective assistance of counsel when his trial attorney withdrew his motion to suppress from consideration by the trial court prior to the scheduled hearing on that motion. {¶ 13} We review alleged instances of ineffective assistance of trial counsel under the two prong analysis set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 1 The State elected to proceed to sentencing on Count II of the indictment, a vi 2020FIELDS WAS DENIED HIS RIGHT TO A FAIR TRIAL BY TRIAL COUNSEL’S WITHDRAWAL OF DEFENDANT’S MOTION TO SUPPRESS. {¶ 12} In his first assignment, Fields contends that he received ineffective assistance of counsel when his trial attorney withdrew his motion to suppress from consideration by the trial court prior to the scheduled hearing on that motion. {¶ 13} We review alleged instances of ineffective assistance of trial counsel under the two prong analysis set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 1 The State elected to proceed to sentencing on Count II of the indictment, a vi | 1 | 2020–2020 |
Walker v. Taylor
green
1 sentence2020FIELDS WAS DENIED HIS RIGHT TO A FAIR TRIAL BY TRIAL COUNSEL’S WITHDRAWAL OF DEFENDANT’S MOTION TO SUPPRESS. {¶ 12} In his first assignment, Fields contends that he received ineffective assistance of counsel when his trial attorney withdrew his motion to suppress from consideration by the trial court prior to the scheduled hearing on that motion. {¶ 13} We review alleged instances of ineffective assistance of trial counsel under the two prong analysis set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 1 The State elected to proceed to sentencing on Count II of the indictment, a vi | 1 | 2020–2020 |
State v. Awan
green
2 sentences2019Cross-Appellant declined to do so, thereby waiving her right to appeal her payment of those fees. {¶59} Appellate courts “will not consider any error which counsel for a party complaining of the trial court’s judgment could have called but did not call to the trial court’s attention at a time when such error could have been avoided or corrected by the trial court.” State v. Awan, 22 Ohio St.3d 120, 122 , 489 N.E.2d 277 (1986). 2019Cross-Appellant declined to do so, thereby waiving her right to appeal her payment of those fees. {¶59} Appellate courts “will not consider any error which counsel for a party complaining of the trial court’s judgment could have called but did not call to the trial court’s attention at a time when such error could have been avoided or corrected by the trial court.” State v. Awan, 22 Ohio St.3d 120, 122 , 489 N.E.2d 277 (1986). | 1 | 2019–2019 |
| Matheny v. Norton neutral | 1 | 2015–2015 |
In re C.G.
green
1 sentence2015Summit No. 26506, 2012-Ohio-5999, ¶ 19 , citing In re J.S., 9th Dist. | 1 | 2015–2015 |
State v. Young
green
2 sentences2015Additionally, the standing order requires a detailed explanation of the violation to be attached to the brief. {¶22} The state urges us that a case from another Ohio district, State v. Young, 154 Ohio App.3d 609 , 2003-Ohio-4501 , 798 N.E.2d 629 (3d Dist.), supports its contention that the prosecutor’s office is required to participate in community control violation proceedings. 2015Additionally, the standing order requires a detailed explanation of the violation to be attached to the brief. {¶22} The state urges us that a case from another Ohio district, State v. Young, 154 Ohio App.3d 609 , 2003-Ohio-4501 , 798 N.E.2d 629 (3d Dist.), supports its contention that the prosecutor’s office is required to participate in community control violation proceedings. | 1 | 2015–2015 |
| Snow v. Snow neutral | 1 | 2014–2014 |
| State v. Brown neutral | 1 | 2014–2014 |
| In re Disqualification of Corrigan green | 1 | 2013–2013 |
| In re Disqualification of Synenberg green | 1 | 2013–2013 |
| State v. Ferguson green | 1 | 2012–2012 |
| Disciplinary Counsel v. Heiland green | 1 | 2012–2012 |
| Knickerbocker Properties, Inc. XLII v. Delaware County Board of Revision neutral | 1 | 2012–2012 |
| State v. Bauer green | 1 | 2011–2011 |
| State v. Pelfrey green | 1 | 2011–2011 |
| In re Application of Reynolds neutral | 1 | 2011–2011 |
| State ex rel. Turbine Engine Components Textron, Inc. v. Indus. Comm. neutral | 1 | 2009–2009 |
| State ex rel. Turbine Engine Components Textron, Inc. v. Industrial Commission neutral | 1 | 2009–2009 |
| In re Furnishings & Equipment for the Judge, Courtroom & Personnel for Courtroom Two green | 1 | 2008–2008 |
| State v. Hochhausler green | 1 | 2008–2008 |
| Post v. Procare Automotive Serv. Solutions, 87646 (5-3-2007) green | 1 | 2008–2008 |
| In the Matter of Savanah M., Unpublished Decision (10-31-2003) green | 1 | 2007–2007 |
| Fowee v. Wesley Hall, Inc. green | 1 | 2007–2007 |
| City of St. Marys v. Dayton Power & Light Co. green | 1 | 2007–2007 |
| United States v. Raffoul, Hanna Badaoui. Appeal of the Pittsburgh Press Company green | 1 | 2006–2006 |
| cluster 480562 green | 1 | 2006–2006 |
| State ex rel. Scripps Howard Broadcasting Co. v. Cuyahoga County Court of Common Pleas green | 1 | 2006–2006 |
| R.M.S. Titanic, Inc. v. Wrecked & Abandoned Vessel green | 1 | 2006–2006 |
| State v. Converse, Unpublished Decision (10-31-2005) neutral | 1 | 2006–2006 |
| Burton v. Burton green | 1 | 2006–2006 |
| cluster 349595 green | 1 | 2004–2004 |
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.