conduct-based analysis in Ohio

7 Ohio opinions name it 1 courts 2014–2019 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 (2)

Case	Followed	Cited
State v. Ruffgreen ohio · 2015 · cited in 2 Ohio opinions naming this issue, 2017–2017 2 sentences 2017State v. Miranda, 138 Ohio St.3d 184 , 2014-Ohio-451 , 5 N.E.3d 603, ¶ 8 (noting the Johnson test, which applied R.C. 2941.25, was not the sole statutory codification regarding the multiplicity of sentencing in Ohio); State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 16 (the analysis in Johnson emphasized the conduct-based inquiry was incomplete because it only accounted for R.C. 2941.25(A) and not division (B)). 2017State v. Miranda, 138 Ohio St.3d 184 , 2014-Ohio-451 , 5 N.E.3d 603, ¶ 8 (noting the Johnson test, which applied R.C. 2941.25, was not the sole statutory codification regarding the multiplicity of sentencing in Ohio); State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 16 (the analysis in Johnson emphasized the conduct-based inquiry was incomplete because it only accounted for R.C. 2941.25(A) and not division (B)).	1	2
State v. Mirandagreen ohio · 2014 · cited in 2 Ohio opinions naming this issue, 2017–2017 2 sentences 2017State v. Miranda, 138 Ohio St.3d 184 , 2014-Ohio-451 , 5 N.E.3d 603, ¶ 8 (noting the Johnson test, which applied R.C. 2941.25, was not the sole statutory codification regarding the multiplicity of sentencing in Ohio); State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 16 (the analysis in Johnson emphasized the conduct-based inquiry was incomplete because it only accounted for R.C. 2941.25(A) and not division (B)). 2017State v. Miranda, 138 Ohio St.3d 184 , 2014-Ohio-451 , 5 N.E.3d 603, ¶ 8 (noting the Johnson test, which applied R.C. 2941.25, was not the sole statutory codification regarding the multiplicity of sentencing in Ohio); State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 16 (the analysis in Johnson emphasized the conduct-based inquiry was incomplete because it only accounted for R.C. 2941.25(A) and not division (B)).	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
State v. Johnson green ohio · 2010 2 sentences 2019(B) Where the defendant’s conduct constitutes two or more offenses of dissimilar import, or where his conduct results in two or more offenses of the same or similar kind committed separately or with a separate animus as to each, the indictment or information may contain counts for all such offenses, and the defendant may be convicted of all of them. {¶41} In State v Johnson, 128 Ohio St.3d 153 , 2010-Ohio-6314 , 942 N.E.2d 1061 , the Supreme Court of Ohio set forth a conduct-based analysis for allied offenses. 2019(B) Where the defendant’s conduct constitutes two or more offenses of dissimilar import, or where his conduct results in two or more offenses of the same or similar kind committed separately or with a separate animus as to each, the indictment or information may contain counts for all such offenses, and the defendant may be convicted of all of them. {¶41} In State v Johnson, 128 Ohio St.3d 153 , 2010-Ohio-6314 , 942 N.E.2d 1061 , the Supreme Court of Ohio set forth a conduct-based analysis for allied offenses.	5	2014–2019
State v. Earley (Slip Opinion) green ohio · 2015 2 sentences 2018State v. Earley, 145 Ohio St.3d 281 , 2015-Ohio-4615 , 49 N.E.3d 266 , ¶ 11 (the conduct-based analysis from State v. Johnson, 128 Ohio St.3d 153 , 2010-Ohio-6314 , 942 N.E.2d 1061 , has been rendered obsolete); see also State v. Dennis, 8th Dist. 2018State v. Earley, 145 Ohio St.3d 281 , 2015-Ohio-4615 , 49 N.E.3d 266 , ¶ 11 (the conduct-based analysis from State v. Johnson, 128 Ohio St.3d 153 , 2010-Ohio-6314 , 942 N.E.2d 1061 , has been rendered obsolete); see also State v. Dennis, 8th Dist.	3	2017–2018
State v. Dennis green ohioctapp · 2017 2 sentences 2018Cuyahoga No. 104742, 2017-Ohio-4437, ¶ 21 . {¶12} Brownlee did not object to the imposition of the separate sentences for trafficking and possession of criminal tools at sentencing. 2017Cuyahoga No. 104742, 2017-Ohio-4437, ¶ 21 . {¶23} We summarily find no merit to Hayes’s final argument.	2	2017–2018
State v. Smith green ohioctapp · 2017 1 sentence 2017State v. Earley , 145 Ohio St.3d 281 , 2015-Ohio-4615 , 49 N.E.3d 266 , ¶ 11 ; State v. Smith , 2017-Ohio-537 , 85 N.E.3d 304 , ¶ 12, citing State v. Miranda , 138 Ohio St.3d 184 , 2014-Ohio-451 , 5 N.E.3d 603 , ¶ 8 ; State v. Ruff , 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892 , ¶ 16. {¶ 22} The analysis from Johnson has been supplanted.	1	2017–2017

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2941.25 (6)

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.

Where else courts name it

MA 12 (1998–2025) OH 7 (2014–2019) MT 5 (2015–2025) TX 4 (2015–2024) NY 2 (1995–2000) TN 2 (2005–2006)

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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