enactment principle (Ohio) · Go Syfert
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enactment principle in Ohio

7 Ohio opinions name it 2 courts 1937–2017 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 (3)

CaseFollowedCited
In Re GAULTgreen
scotus · 1967 · cited in 1 Ohio opinions naming this issue, 2017–2017
2 sentences

2017See McKeiver v. Pennsylvania, 403 U.S. 528, 541-543 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion), citing In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

2017See McKeiver v. Pennsylvania, 403 U.S. 528, 541-543 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion), citing In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

11
McKeiver v. Pennsylvaniagreen
scotus · 1971 · cited in 1 Ohio opinions naming this issue, 2017–2017
2 sentences

2017See McKeiver v. Pennsylvania, 403 U.S. 528, 541-543 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion), citing In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

2017See McKeiver v. Pennsylvania, 403 U.S. 528, 541-543 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion), citing In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

11
In Re WINSHIPgreen
scotus · 1970 · cited in 1 Ohio opinions naming this issue, 2017–2017
2 sentences

2017See McKeiver v. Pennsylvania, 403 U.S. 528, 541-543 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion), citing In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

2017See McKeiver v. Pennsylvania, 403 U.S. 528, 541-543 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion), citing In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

11

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 (6)

CaseCitedYears
Knecht v. Ohio Department of Rehabilitation green
ohioctapp · 1992
2 sentences

2010Knecht v. Ohio Dept. of Rehab. & Corr. (1992), 78 Ohio App. 3d 360, 365 ; Upjohn Co. v. Ohio Dept. of Human Services (1991), 77 Ohio App. 3d 827, 834 .

2010Knecht v. Ohio Dept. of Rehab. & Corr. (1992), 78 Ohio App. 3d 360, 365 ; Upjohn Co. v. Ohio Dept. of Human Services (1991), 77 Ohio App. 3d 827, 834 .

42010–2010
Upjohn Co. v. Ohio Department of Human Services green
ohioctapp · 1991
2 sentences

2010Knecht v. Ohio Dept. of Rehab. & Corr. (1992), 78 Ohio App. 3d 360, 365 ; Upjohn Co. v. Ohio Dept. of Human Services (1991), 77 Ohio App. 3d 827, 834 .

2010Knecht v. Ohio Dept. of Rehab. & Corr. (1992), 78 Ohio App. 3d 360, 365 ; Upjohn Co. v. Ohio Dept. of Human Services (1991), 77 Ohio App. 3d 827, 834 .

42010–2010
City of Toledo v. Tellings green
ohio · 2007
2 sentences

2017Yet, rather than analyze the challenge under traditional substantive-due-process norms—asking whether the restriction was rationally related to a legitimate legislative interest, see, e.g., Toledo v. Telling, 114 Ohio St.3d 278 , 2007-Ohio-3724 , 871 N.E.2d 1152 , ¶ 33—the court analyzed the enactment under a principle of fundamental fairness. {¶ 43} Heretofore, the fundamental-fairness standard had always been a procedural standard—one developed by the United States Supreme Court in assessing the adequacy of procedures employed in juvenile proceedings.

2017Yet, rather than analyze the challenge under traditional substantive-due-process norms—asking whether the restriction was rationally related to a legitimate legislative interest, see, e.g., Toledo v. Telling, 114 Ohio St.3d 278 , 2007-Ohio-3724 , 871 N.E.2d 1152 , ¶ 33—the court analyzed the enactment under a principle of fundamental fairness. {¶ 43} Heretofore, the fundamental-fairness standard had always been a procedural standard—one developed by the United States Supreme Court in assessing the adequacy of procedures employed in juvenile proceedings.

12017–2017
United States Fidelity & Guaranty Co. v. Samuels neutral
· 1927
1 sentence

1970United States Fidelity & Guaranty Co. v. Samuels (1927), 116 Ohio St. 586 .

11970–1970
Central Pasto Viejo, Inc. v. Barnes neutral
prsupreme · 1923
1 sentence

1937The Legislature cannot lawfully commute the taxes on property which it cannot lawfully exempt in consideration of certain services to be performed for the stat¿ (Hogg, Recr., v. Mackay, Sheriff, 23 Ore., 339 , 31 P., 779 ), nor can it authorize the local authorities to abate taxes after they have been assessed in a case in which it could not lawfully grant an exemption.

11937–1937
Hogg v. Mackay neutral
or · 1893
1 sentence

1937The Legislature cannot lawfully commute the taxes on property which it cannot lawfully exempt in consideration of certain services to be performed for the stat¿ (Hogg, Recr., v. Mackay, Sheriff, 23 Ore., 339 , 31 P., 779 ), nor can it authorize the local authorities to abate taxes after they have been assessed in a case in which it could not lawfully grant an exemption.

11937–1937

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2743.02 (4) OH § Ohio Rev. Code § 2743.03 (4) OH § Ohio Rev. Code § 2743.10 (4)

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

CA 17 (1947–2023) FL 16 (1980–2017) TX 15 (1938–2015) NY 11 (1907–2015) NM 9 (1949–2024) IA 8 (1973–2015) OH 7 (1937–2017) WA 7 (1945–2011) OR 7 (1921–2024) PA 6 (1970–2017) VA 6 (1996–2024) RI 6 (1964–1985) LA 6 (1974–2025) MO 5 (1915–2006) HI 5 (1994–2018) NJ 4 (1956–2008) AR 3 (1990–1996) IN 3 (1891–1982) CO 3 (1947–2000) NV 3 (1941–2015) UT 3 (1988–2025) AZ 2 (2010–2018) GA 2 (1977–1988) WY 2 (1993–2006) KS 2 (2008–2008) IL 2 (1902–1977) OK 2 (1968–1977) CT 2 (2010–2016) MI 2 (2004–2007) SD 2 (1915–2015)

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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