evidential error (Ohio) · Go Syfert
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evidential error in Ohio

8 Ohio opinions name it 1 courts 1993–2018 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Ohio.

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 (9)

CaseCitedYears
State v. Bayless green
ohio · 1976
2 sentences

1998State v. Bayless (1976), 48 Ohio St.2d 73 , 2 O.O.3d 249 , 357 N.E.2d 1035 , paragraph seven of the syllabus.

1998State v. Bayless (1976), 48 Ohio St.2d 73 , 2 O.O.3d 249 , 357 N.E.2d 1035 , paragraph seven of the syllabus.

21993–1998
State v. Green green
ohioctapp · 2015
1 sentence

2018Knox No. 15-CA- 13, 2015-Ohio-4441 , we overruled appellant’s assignments of error and affirmed the judgment entry of the trial court. {¶5} Appellant filed a motion for reconsideration of sentence to correct and resentence on December 6, 2017.

12018–2018
State v. Eastham green
ohio · 1988
1 sentence

2007Id. {¶ 83} In the case sub judice, the state asked McHugh what her disposition of the sexual abuse allegation was, and she explained that she "indicated" abuse.

12007–2007
State v. Boston green
ohio · 1989
1 sentence

2004Id. at 129 . {¶ 64} Based upon our understanding of Boston and its progeny, we find that Mrs. Morstatter's testimony concerning the victim's veracity was improper.

12004–2004
State ex rel. Richard v. Seidner green
ohio · 1997
1 sentence

2002Richard v. Seidner (1997), 78 Ohio St.3d 116 , 117 , citing S. Ohio Coal Co. v. Kidney (1995), 100 Ohio App.3d 661 , 667 .

12002–2002
Southern Ohio Coal Co. v. Kidney green
ohioctapp · 1995
1 sentence

2002Richard v. Seidner (1997), 78 Ohio St.3d 116 , 117 , citing S. Ohio Coal Co. v. Kidney (1995), 100 Ohio App.3d 661 , 667 .

12002–2002
State v. Myers green
ohio · 1971
2 sentences

1999In State v. Myers (1971), 26 Ohio St.2d 190 , the Supreme Court of Ohio stated that the quantity of evidence necessary to rebut an evidential presumption depends upon which party has the ultimate burden of proof: " 'The degree of proof necessary to remove a presumption is not to be confused with the degree necessary to sustain the burden of proof.

1999When a party is not required to sustain the burden of proof upon some particular issue, a rebuttable presumption arising out of such issue may be overcome by evidence which counterbalances the evidence to sustain the presumption; however, when such party is required to assume the burden of proof upon an issue, any rebuttable presumption arising therefrom must be removed by the same degree of proof necessary to sustain the issue.' " Id. at 201-202 , quoting Kennedy v. Walcutt (1928), 118 Ohio St. 442 , paragraph five of the syllabus.

11999–1999
Adomeit v. Baltimore green
ohioctapp · 1974
1 sentence

1999In Adomeit v. Baltimore , 39 Ohio App.2d at 105 , the court explained that where a movant provides allegations of fact that could warrant judgment under Civ.R. 60(B), the trial court abuses its discretion when it does not hold an evidential hearing.

11999–1999
Kennedy v. Walcutt green
· 1928
1 sentence

1999When a party is not required to sustain the burden of proof upon some particular issue, a rebuttable presumption arising out of such issue may be overcome by evidence which counterbalances the evidence to sustain the presumption; however, when such party is required to assume the burden of proof upon an issue, any rebuttable presumption arising therefrom must be removed by the same degree of proof necessary to sustain the issue.' " Id. at 201-202 , quoting Kennedy v. Walcutt (1928), 118 Ohio St. 442 , paragraph five of the syllabus.

11999–1999

Where else courts name it

NJ 117 (1952–2026) OR 39 (1948–2025) NE 19 (1988–2022) VA 9 (1934–1994) OH 8 (1993–2018) AL 7 (1914–1975) WA 6 (1919–2025) CT 5 (1970–1994) PA 3 (1929–2001) IL 3 (1998–2008) TX 3 (1916–2015) MA 2 (1971–1981) NC 2 (1954–1986) HI 2 (1982–2005)

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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