necessity or duress defense (Ohio) · Go Syfert
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necessity or duress defense in Ohio

7 Ohio opinions name it 2 courts 1979–2024 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.

Followed or applied (2)

CaseFollowedCited
State v. Crossgreen
ohio · 1979 · cited in 4 Ohio opinions naming this issue, 1998–2024
2 sentences

2024State v. Longstreth, 2011-Ohio-1825, ¶ 12 (2d Dist.). {¶ 50} “One of the essential features of a necessity or duress defense is the sense of present, imminent, immediate and impending death, or serious bodily injury.” State v. Cross, 58 Ohio St.2d 482, 487 (1979).

1998One of the essential features of a necessity or duress defense is the “sense of present, imminent, immediate and impending death, or serious bodily injury.” State v. Cross (1979), 58 Ohio St.2d 482, 487 , 12 O.O.3d 396, 399 , 391 N.E.2d 319, 323 .

14
State v. Longstrethgreen
ohioctapp · 2011 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024State v. Longstreth, 2011-Ohio-1825, ¶ 12 (2d Dist.). {¶ 50} “One of the essential features of a necessity or duress defense is the sense of present, imminent, immediate and impending death, or serious bodily injury.” State v. Cross, 58 Ohio St.2d 482, 487 (1979).

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 (3)

CaseCitedYears
State v. Robinson green
ohio · 1979
2 sentences

2016“One of the essential features of a necessity or duress defense is the sense of present, imminent, immediate and impending death, or serious bodily injury.” State v. Cross, 58 Muskingum County, Case No. CT2015-0062 11 Ohio St.2d 478 , 487-488, 391 N.E.2d 317 (1979), citations omitted.

2000In regard to the crime with which appellant was charged, the Ohio Supreme Court stated in State v. Cross (1979), 58 Ohio St.2d 478 , 487-488 : "One of the essential features of a necessity or duress defense is the sense of present, imminent, immediate and impending death, or serious bodily injury.

22000–2016
State v. Dapice green
ohioctapp · 1989
2 sentences

2016“In order for duress to be a defense, the force which is claimed to have compelled criminal conduct against the will of the actor must be immediate and continuous during all the time the act is being committed.” State v. Dapice, 57 Ohio App.3d 99 , 106-07 566 N.E.2d 1261 (9th Dist.1989).

2016“In order for duress to be a defense, the force which is claimed to have compelled criminal conduct against the will of the actor must be immediate and continuous during all the time the act is being committed.” State v. Dapice, 57 Ohio App.3d 99 , 106-07 566 N.E.2d 1261 (9th Dist.1989).

12016–2016
State v. Milam green
ohioctapp · 1959
1 sentence

1979See State v. Sappienza (1911), 84 Ohio St. 63 ; State v. Milam (1959), 108 Ohio App. 254 ; State v. Procter, supra, at page 158.

11979–1979

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2901.05 (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.

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