may commit error (Ohio) · Go Syfert
← Ohio issues

may commit error in Ohio

8 Ohio opinions name it 2 courts 1978–2015 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. Gasengreen
ohioctapp · 1976 · cited in 2 Ohio opinions naming this issue, 1990–1996
2 sentences

1996In paragraph two of the syllabus, the court stated: “Where a trial court denies a continuance in a criminal trial and, as a consequence, defense counsel refuses to participate in the trial for fear that the defendant would receive ineffective assistance of counsel and that counsel would be in violation of DR 6-101(A)(2) and 7-101(A)(3), the court may commit error under the circumstances of the particular case in finding defense counsel in contempt and in imposing a fine.” In State v. Gasen (1976), 48 Ohio App.2d 191 , 2 O.O.3d 156 , 356 N.E.2d 505 , the trial court summarily appointed two atto

1996In paragraph two of the syllabus, the court stated: “Where a trial court denies a continuance in a criminal trial and, as a consequence, defense counsel refuses to participate in the trial for fear that the defendant would receive ineffective assistance of counsel and that counsel would be in violation of DR 6-101(A)(2) and 7-101(A)(3), the court may commit error under the circumstances of the particular case in finding defense counsel in contempt and in imposing a fine.” In State v. Gasen (1976), 48 Ohio App.2d 191 , 2 O.O.3d 156 , 356 N.E.2d 505 , the trial court summarily appointed two atto

12

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 (5)

CaseCitedYears
City of Dayton v. Martin green
ohioctapp · 1987
2 sentences

2008Id., citing Kilbane." (Parallel citations omitted.) {¶ 24} "Where a trial court denies a continuance in a criminal trial and, as a consequence, defense counsel refuses to participate in the trial for fear that the defendant would receive ineffective assistance of counsel and that counsel would be in violation of DR 6-101 (A)(2) and 7-101(A)(3), the court may commit error under the circumstances of the particular case in finding defense counsel in contempt and in *Page 8 imposing a fine." In re Sherlock , supra, at paragraph two of the syllabus.

1990In In Re Sherlock (1987), 37 Ohio App. 3d 204 , the court held in the second paragraph of the syllabus that a trial court may commit error in finding contempt when it "denies a continuance in a criminal trial and, as a consequence, defense counsel refuses to participate in the trial for fear that the defendant would receive ineffective assistance of counsel".

31990–2008
Eisenberg v. Peyton green
ohioctapp · 1978
2 sentences

2006There, the court stated: “Although the trial court may commit error by not fully complying with the procedural requirements of Civil Rule 53, that failure does not affect the jurisdiction of the trial court to hear and determine the action.” Id. at 148 , 10 O.O.3d 158 , 381 N.E.2d 1136 .

2006There, the court stated: “Although the trial court may commit error by not fully complying with the procedural requirements of Civil Rule 53, that failure does not affect the jurisdiction of the trial court to hear and determine the action.” Id. at 148 , 10 O.O.3d 158 , 381 N.E.2d 1136 .

22006–2015
State v. Kilbane green
ohio · 1980
1 sentence

2008Id., citing Kilbane." (Parallel citations omitted.) {¶ 24} "Where a trial court denies a continuance in a criminal trial and, as a consequence, defense counsel refuses to participate in the trial for fear that the defendant would receive ineffective assistance of counsel and that counsel would be in violation of DR 6-101 (A)(2) and 7-101(A)(3), the court may commit error under the circumstances of the particular case in finding defense counsel in contempt and in *Page 8 imposing a fine." In re Sherlock , supra, at paragraph two of the syllabus.

12008–2008
Hines v. Amole green
ohioctapp · 1982
2 sentences

1988In Hines v. Amole (1982), 4 Ohio App. 3d 263, 265 , 4 OBR 480, 483, 448 N.E. 2d 473, 476 , the Court of Appeals for Greene County held: “Although the trial court may commit error by not fully complying with the procedural requirements of Civ.

1988In Hines v. Amole (1982), 4 Ohio App. 3d 263, 265 , 4 OBR 480, 483, 448 N.E. 2d 473, 476 , the Court of Appeals for Greene County held: “Although the trial court may commit error by not fully complying with the procedural requirements of Civ.

11988–1988
Tari v. State green
ohio · 1927
1 sentence

1978It is as though such proceedings had never occurred; the judgment is a mere nullity.” (Tari v. State [1927], 117 Ohio St. 481, 498 .) Although the trial court may commit error by not fully complying with the procedural requirements of Civil Rule 53, that failure does not affect the jurisdiction of the trial court to hear and determine the action.

11978–1978

Where else courts name it

OH 8 (1978–2015) TX 6 (1978–2003) NE 5 (1924–2026) TN 2 (2016–2017)

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.

← Caselaw search · G Cite Topics · Brief Check