Garner claim (Ohio) · Go Syfert
← Ohio issues

Garner claim in Ohio

7 Ohio opinions name it 2 courts 1957–2022 2 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)

CaseFollowedCited
Graham v. Connorgreen
scotus · 1989 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022Four years later, in Graham v. Connor, the Supreme Court “[made] explicit what was implicit in Garner’s analysis” and held that “all claims that law enforcement officers have used excessive force—deadly or not— in the course of an arrest, investigatory stop, or other ‘seizure’ of a free citizen should be analyzed 13 under the Fourth Amendment and its ‘reasonableness’ standard * * *.” (Emphasis sic.) Graham v. Connor, 490 U.S. 386, 395 (1989).

11
State v. Heidelberggreen
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022See State v. Heidelberg, 2019-Ohio-2257 , 138 13 Case No. 2022-A- 0041 N.E.3d 537 (6th Dist.).

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
State v. Houston green
ohioctapp · 2018
1 sentence

2022Cuyahoga Nos. 106470 and 106055, 2018-Ohio-3043, ¶ 37-39 . {¶51} The Sixth District adopted Garner’s analysis in the context of a purported “mandatory” driver’s license suspension.

12022–2022
Lingo v. State green
ohio · 2014
2 sentences

2019Lingo v. State, 138 Ohio St.3d 427 , 2014-Ohio-1052 , 7 N.E.3d 1188, ¶ 48 . {¶7} Garner’s claim that the trial court erred by ordering two of the sentences on the GSI counts to be consecutively served is without merit.

2019Lingo v. State, 138 Ohio St.3d 427 , 2014-Ohio-1052 , 7 N.E.3d 1188, ¶ 48 . {¶7} Garner’s claim that the trial court erred by ordering two of the sentences on the GSI counts to be consecutively served is without merit.

12019–2019
State v. Schlee green
ohio · 2008
1 sentence

2018“Courts may recast irregular motions into whatever category necessary to identify and establish the criteria by which the motion should be judged.” State v. Schlee, 117 Ohio St.3d 153 , 2008-Ohio-545 , 882 N.E.2d 431 , ¶ 12. {¶11} Pursuant to R.C. 2953.21(A)(1)(a), a convicted defendant “who claims that there was such a denial or infringement of the person’s rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States,” may file a postconviction petition “asking the court to vacate or set aside the judgment or sentence * * *.” A motion

12018–2018
State v. Beeman green
ohio · 1995
1 sentence

2011The Ohio Supreme Court noted that “while guilt of aggravated murder requires proof of specific intent to kill, R.C. 2903.01 contemplates that such an intent may be inferred in a felony-murder when the offense and the manner of its commission would be likely to produce death.” Id. at 60 .

12011–2011
Berkemer v. McCarty green
scotus · 1984
1 sentence

2007The safeguards prescribed by Miranda become applicable as soon as a suspect's freedom of action is curtailed to a "degree associated with formal arrest." Berkemer v. McCarty (1984), 468 U.S. 420 , 440 (citation omitted). {¶ 34} Following a hearing on Garner's motion, the trial court made the following relevant findings in its judgment entry, in support of its conclusion that Garner knowingly and voluntarily waived his Miranda rights, and provided his oral and written statements voluntarily: {¶ 35} "At the time of his arrest Defendant was mirandized by Patrolman Gerardi of the Willoughby Hills

12007–2007
Guss v. Utah Labor Relations Board green
scotus · 1957
2 sentences

1957The first is the case of Guss v. Utah Labor Board, 353 U. S. 1 (1957).

1957The first is the case of Guss v. Utah Labor Board, 353 U. S. 1 (1957).

11957–1957

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.14 (3)

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

DE 15 (2014–2025) OH 7 (1957–2022) TX 7 (1895–2025) CA 6 (1982–2021) FL 4 (1971–2024) PA 4 (2017–2022) GA 3 (1993–2017) MO 3 (1998–2023) CO 2 (2003–2009) NY 2 (1992–2015) MT 2 (2001–2014) ID 2 (1991–2010) AL 2 (1998–2009)

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