8 Ohio opinions name it 2 courts 2006–2026 5 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 |
|---|---|---|
Maggio v. City of Clevelandgreen2 sentences2026“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. -14- Case No. 17-24-12 {¶33} In closing statements, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). 2026“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. -14- Case No. 17-24-12 {¶33} In closing statements, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). | 2 | 5 |
State v. Smithgreen2 sentences2026“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. -14- Case No. 17-24-12 {¶33} In closing statements, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). 2026“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. -14- Case No. 17-24-12 {¶33} In closing statements, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). | 2 | 2 |
Drake v. Caterpillar Tractor Co.green2 sentences2024See Maggio v. Cleveland, 151 Ohio St. 136, 140-41 (1949) (regarding opening statements); Drake v. Caterpillar Tractor Co., 15 Ohio St.3d 346, 347-48 (1984) (applying the holding in Maggio to closing arguments). 2024See Maggio v. Cleveland, 151 Ohio St. 136, 140-41 (1949) (regarding opening statements); Drake v. Caterpillar Tractor Co., 15 Ohio St.3d 346, 347-48 (1984) (applying the holding in Maggio to closing arguments). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Nicholson
green
2 sentences2026“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. -14- Case No. 17-24-12 {¶33} In closing statements, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). 2026“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. -14- Case No. 17-24-12 {¶33} In closing statements, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). | 1 | 2026–2026 |
State v. Noling
green
1 sentence2025“And unless it appears that counsel ‘deliberately attempt[ed] to influence and sway the jury by a recital of matters foreign to the case,’ remarks made during opening statements cannot form the basis of a misconduct claim.” Id., quoting Maggio v. Cleveland, 151 Ohio St. 136 (1949), paragraph two of the syllabus. {¶42} In closing arguments, “[t]he prosecution is normally entitled to a certain degree of latitude.” Smith, 14 Ohio St.3d at 13-14 (identifying types of remarks to be avoided). | 1 | 2025–2025 |
State v. Mammone (Slip Opinion)
green
2 sentences2016“If the evidence was properly admitted, then the prosecutor’s decision to offer it cannot form the basis of a misconduct claim.” Mammone, 139 Ohio St.3d 467 , 2014-Ohio- 1942, 13 N.E.3d 1051, at ¶ 116 . 13. 2016“If the evidence was properly admitted, then the prosecutor’s decision to offer it cannot form the basis of a misconduct claim.” Mammone, 139 Ohio St.3d 467 , 2014-Ohio- 1942, 13 N.E.3d 1051, at ¶ 116 . 13. | 1 | 2016–2016 |
State v. Spencer
neutral
1 sentence2016Id. | 1 | 2016–2016 |
City of Akron v. Davenport, Unpublished Decision (2-4-2004)
green
1 sentence2006In the context of considering what constitutes "filing" for purposes of considering an appeal from a conviction for making false allegations of a peace officer's misconduct in violation of R.C. 2921.15 , the Ninth District Court of Appeals observed: "Webster's Revised Unabridged Dictionary (1913) 559, defines `file' as: `To bring before a court or legislative body by presenting proper papers in a regular way[.]'" Akron v. Davenport, Summit App. No. 21552, 2004-Ohio-435 , at ¶ 17. {¶ 10} Certainly, imprinting a formal date stamp is the "regular way" of filing for courts and most administrative | 1 | 2006–2006 |
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.