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8 Ohio opinions name it 2 courts 1996–2020 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.
| Case | Followed | Cited |
|---|---|---|
Dobbins v. Ohio Bureau of Motor Vehiclesgreen2 sentences2020It is well-established that “the right to counsel associated with the protection against self- incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content.” Dobbins v. Ohio Bur. of Motor Vehicles, 75 Ohio St.3d 533, 537 , 1996–Ohio–454, 664 N.E.2d 908 (1996). -15- {¶33} To circumvent this “well-settled” law, Henson argues that his statutory right to counsel as codified in R.C. 2935.20 was violated.3 However, the Supreme Court of Ohio ha 2020It is well-established that “the right to counsel associated with the protection against self- incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content.” Dobbins v. Ohio Bur. of Motor Vehicles, 75 Ohio St.3d 533, 537 , 1996–Ohio–454, 664 N.E.2d 908 (1996). -15- {¶33} To circumvent this “well-settled” law, Henson argues that his statutory right to counsel as codified in R.C. 2935.20 was violated.3 However, the Supreme Court of Ohio ha | 1 | 7 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Wade
green
2 sentences2008Id., citing State v. McNamara (1997), 124 Ohio App.3d 706 . {¶ 38} The right to counsel provided by the Sixth Amendment to the United States Constitution only applies to "the `critical stages' of the criminal proceedings." Dobbins v. Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , citing United States v. Gouveia (1984), 467 U.S. 180 , 189 ; United States v. Ash (1973), 413 U.S. 300 , 310-311 ; and United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 39} The Supreme Court of Ohio has held that "the right to counsel associated with the protection against self-incrimination contained in 2006United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 33} The Ohio Supreme Court found that: "[T]he right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content. * * * A breath- or blood-alcohol test is merely a preparatory stage of the prosecution and is not considered a critical stage at which the Sixth Amendment right to counsel would attach." Dobbins v. Ohio Bur. of Motor V | 3 | 1998–2008 |
McNulty v. Curry
green
2 sentences2006United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 33} The Ohio Supreme Court found that: "[T]he right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content. * * * A breath- or blood-alcohol test is merely a preparatory stage of the prosecution and is not considered a critical stage at which the Sixth Amendment right to counsel would attach." Dobbins v. Ohio Bur. of Motor V 2000In State v. Lloyd (1998), 126 Ohio App.3d 95 , 107-108 , this court stated, in relevant part: "* * * In Dobbins v. Ohio Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , * * * the Supreme Court of Ohio followed its decision in McNulty v. Curry (1975), 42 Ohio St.2d 341 , * * * and held that "the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content.' The United St | 3 | 1998–2006 |
United States v. Gouveia
green
2 sentences2008Id., citing State v. McNamara (1997), 124 Ohio App.3d 706 . {¶ 38} The right to counsel provided by the Sixth Amendment to the United States Constitution only applies to "the `critical stages' of the criminal proceedings." Dobbins v. Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , citing United States v. Gouveia (1984), 467 U.S. 180 , 189 ; United States v. Ash (1973), 413 U.S. 300 , 310-311 ; and United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 39} The Supreme Court of Ohio has held that "the right to counsel associated with the protection against self-incrimination contained in 1998United States v. Gouveia (1984), 467 U.S. 180, 189 , 104 S.Ct. 2292, 2298 , 81 L.Ed.2d 146, 154-155 ; United States v. Ash (1973), 413 U.S. 300 , 93 S.Ct. 2568 , 37 L.Ed.2d 619 ; United States v. Wade (1967), 388 U.S. 218, 224 , 87 S.Ct. 1926, 1930-1931 , 18 L.Ed.2d 1149, 1155-1156 . | 2 | 1998–2008 |
United States v. Ash
green
2 sentences2008Id., citing State v. McNamara (1997), 124 Ohio App.3d 706 . {¶ 38} The right to counsel provided by the Sixth Amendment to the United States Constitution only applies to "the `critical stages' of the criminal proceedings." Dobbins v. Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , citing United States v. Gouveia (1984), 467 U.S. 180 , 189 ; United States v. Ash (1973), 413 U.S. 300 , 310-311 ; and United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 39} The Supreme Court of Ohio has held that "the right to counsel associated with the protection against self-incrimination contained in 1998United States v. Gouveia (1984), 467 U.S. 180, 189 , 104 S.Ct. 2292, 2298 , 81 L.Ed.2d 146, 154-155 ; United States v. Ash (1973), 413 U.S. 300 , 93 S.Ct. 2568 , 37 L.Ed.2d 619 ; United States v. Wade (1967), 388 U.S. 218, 224 , 87 S.Ct. 1926, 1930-1931 , 18 L.Ed.2d 1149, 1155-1156 . | 2 | 1998–2008 |
State v. Griffith
green
1 sentence2020State v. Griffith, 74 Ohio St.3d 554 (1996). | 1 | 2020–2020 |
State v. McNamara
red
1 sentence2008Id., citing State v. McNamara (1997), 124 Ohio App.3d 706 . {¶ 38} The right to counsel provided by the Sixth Amendment to the United States Constitution only applies to "the `critical stages' of the criminal proceedings." Dobbins v. Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , citing United States v. Gouveia (1984), 467 U.S. 180 , 189 ; United States v. Ash (1973), 413 U.S. 300 , 310-311 ; and United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 39} The Supreme Court of Ohio has held that "the right to counsel associated with the protection against self-incrimination contained in | 1 | 2008–2008 |
State v. Fanning
green
1 sentence2008Id., citing State v. McNamara (1997), 124 Ohio App.3d 706 . {¶ 38} The right to counsel provided by the Sixth Amendment to the United States Constitution only applies to "the `critical stages' of the criminal proceedings." Dobbins v. Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , citing United States v. Gouveia (1984), 467 U.S. 180 , 189 ; United States v. Ash (1973), 413 U.S. 300 , 310-311 ; and United States v. Wade (1967), 388 U.S. 218 , 224 . {¶ 39} The Supreme Court of Ohio has held that "the right to counsel associated with the protection against self-incrimination contained in | 1 | 2008–2008 |
Dobbins v. Ohio Bur. of Motor Vehicles
neutral
1 sentence2005Motor Vehicles (1996), 75 Ohio St.3d 533 , 1996-Ohio-454 , 664 N.E.2d 908 , the Ohio Supreme Court observed "[i]nitially, we note that the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content". | 1 | 2005–2005 |
State v. Lloyd
green
1 sentence2000In State v. Lloyd (1998), 126 Ohio App.3d 95 , 107-108 , this court stated, in relevant part: "* * * In Dobbins v. Ohio Bur. of Motor Vehicles (1996), 75 Ohio St.3d 533 , 537 , * * * the Supreme Court of Ohio followed its decision in McNulty v. Curry (1975), 42 Ohio St.2d 341 , * * * and held that "the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content.' The United St | 1 | 2000–2000 |
State v. Starnes
green
2 sentences1996Ohio Adm. Code 3701-53-02, Appendices A to G. 5 SUPREME COURT OF OHIO (1970), 21 Ohio St.2d 38 , 50 O.O.2d 84 , 254 N.E.2d 675 , paragraph two of the syllabus. {¶ 12} Initially, we note that the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content. {¶ 13} In Schmerber v. California (1966), 384 U.S. 757, 765 , 86 S.Ct. 1826, 1832-1833 , 16 L.Ed.2d 908, 916-917 , the Unit 1996Ohio Adm. Code 3701-53-02, Appendices A to G. 5 SUPREME COURT OF OHIO (1970), 21 Ohio St.2d 38 , 50 O.O.2d 84 , 254 N.E.2d 675 , paragraph two of the syllabus. {¶ 12} Initially, we note that the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content. {¶ 13} In Schmerber v. California (1966), 384 U.S. 757, 765 , 86 S.Ct. 1826, 1832-1833 , 16 L.Ed.2d 908, 916-917 , the Unit | 1 | 1996–1996 |
Schmerber v. California
green
2 sentences1996Ohio Adm. Code 3701-53-02, Appendices A to G. 5 SUPREME COURT OF OHIO (1970), 21 Ohio St.2d 38 , 50 O.O.2d 84 , 254 N.E.2d 675 , paragraph two of the syllabus. {¶ 12} Initially, we note that the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content. {¶ 13} In Schmerber v. California (1966), 384 U.S. 757, 765 , 86 S.Ct. 1826, 1832-1833 , 16 L.Ed.2d 908, 916-917 , the Unit 1996Ohio Adm. Code 3701-53-02, Appendices A to G. 5 SUPREME COURT OF OHIO (1970), 21 Ohio St.2d 38 , 50 O.O.2d 84 , 254 N.E.2d 675 , paragraph two of the syllabus. {¶ 12} Initially, we note that the right to counsel associated with the protection against self-incrimination contained in the Fifth Amendment to the United States Constitution, or as guaranteed by the Sixth Amendment, does not apply to the stage at which the officer requested the chemical test for alcohol content. {¶ 13} In Schmerber v. California (1966), 384 U.S. 757, 765 , 86 S.Ct. 1826, 1832-1833 , 16 L.Ed.2d 908, 916-917 , the Unit | 1 | 1996–1996 |
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.