7 Ohio opinions name it 1 courts 2000–2026 1 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 |
|---|---|---|
State v. Johnson, 21459 (10-19-2007)green2 sentences2026State v. Johnson, 2007-Ohio-5662, ¶ 21 (2nd Dist.) {¶17} We review a trial court’s refusal to provide a requested jury instruction for an abuse of discretion. 2008State v. Johnson , Montgomery App. No. 21459, 2007-Ohio-5662 , ¶ 21 . | 1 | 2 |
State v. Simsgreen1 sentence2000See Sims , 3 Ohio App.3d at 335 (unlike an instruction on an affirmative defense, the trial court's instructions on alibi are "* * * little more than a reminder that evidence of alibi was introduced.") Accordingly, appellant's first assignment of error is not well-taken. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Lawson, 22155 (3-21-2008)
green
1 sentence2019Montgomery No. 22155, 2008-Ohio-1311, ¶ 17 , citing State v. Johnson, 2d Dist. | 1 | 2019–2019 |
State v. Robinson
green
1 sentence2011The court stated, however, “[i]f the evidence generates only a mere speculation or possible doubt, such evidence is insufficient to raise the affirmative defense, and submission of the issue to the jury will be unwarranted.” Id. {¶12} In the present case, there was not sufficient evidence for defense counsel to argue an affirmative defense, nor did they request an instruction on an affirmative defense at any point in the trial. | 1 | 2011–2011 |
State v. Hall, Ca2007-02-005 (4-21-2008)
neutral
2 sentences2009Id. {¶ 66} A criminal defendant is entitled to an instruction on an affirmative defense if he has introduced sufficient evidence which, if believed, would raise a question in the minds of reasonable people concerning the existence of the issue. 2009Hall , 2008-Ohio-1889 at ¶ 62 . {¶ 67} In the present case, it appears that Rick decided to move the body to hide the evidence of his crime to avoid getting caught and because he was disturbed by having a body in his basement. | 1 | 2009–2009 |
State v. Melchior
green
1 sentence2008State v. Melchior (1978), 56 Ohio St.2d 15 , paragraph one of syllabus. {¶ 63} It is within the trial court's discretion to determine whether the evidence presented at trial is sufficient to require a particular jury instruction. | 1 | 2008–2008 |
State v. Wildman
green
1 sentence2008Id. {¶ 62} A criminal defendant is entitled to an instruction on an affirmative defense if he has introduced sufficient evidence which, if believed, would raise a question in the minds of reasonable people concerning the existence of the issue. | 1 | 2008–2008 |
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.