prosecutor improperly denigrated defense (Ohio) · Go Syfert
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prosecutor improperly denigrated defense in Ohio

7 Ohio opinions name it 2 courts 1992–2024 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 (1)

CaseFollowedCited
State v. Johnsongreen
· 2018 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024State v. Whitaker, 2022-Ohio-2840, ¶ 161 ; State v. Johnson, 2018-Ohio-4131, ¶ 35 (1st Dist.). {¶40} Truesdell also argues that the prosecutor improperly denigrated defense counsel during closing arguments.

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 (7)

CaseCitedYears
State v. Liberatore green
ohio · 1982
2 sentences

2002State v. Liberatore (1982), 69 Ohio St.2d 583, 589 , 23 O.O.3d 489 , 433 N.E.2d 561 . {¶ 146} Myers claims that the prosecutor improperly denigrated defense counsel by commenting that the evidence presented by defense counsel “in some cases * * * was almost a snow job.” This isolated, unobjected-to comment, however, was only marginally denigrating, and was not close in scope or scale to the comments we found improper in State v. Keenan (1993), 66 Ohio St.3d 402, 405-406 , 613 N.E.2d 203 . {¶ 147} Next, Myers contends that the prosecutor improperly argued non-statutory aggravating factors durin

2002State v. Liberatore (1982), 69 Ohio St.2d 583, 589 , 23 O.O.3d 489 , 433 N.E.2d 561 . {¶ 146} Myers claims that the prosecutor improperly denigrated defense counsel by commenting that the evidence presented by defense counsel “in some cases * * * was almost a snow job.” This isolated, unobjected-to comment, however, was only marginally denigrating, and was not close in scope or scale to the comments we found improper in State v. Keenan (1993), 66 Ohio St.3d 402, 405-406 , 613 N.E.2d 203 . {¶ 147} Next, Myers contends that the prosecutor improperly argued non-statutory aggravating factors durin

22002–2002
State v. Keenan green
ohio · 1993
2 sentences

2002State v. Liberatore (1982), 69 Ohio St.2d 583, 589 , 23 O.O.3d 489 , 433 N.E.2d 561 . {¶ 146} Myers claims that the prosecutor improperly denigrated defense counsel by commenting that the evidence presented by defense counsel “in some cases * * * was almost a snow job.” This isolated, unobjected-to comment, however, was only marginally denigrating, and was not close in scope or scale to the comments we found improper in State v. Keenan (1993), 66 Ohio St.3d 402, 405-406 , 613 N.E.2d 203 . {¶ 147} Next, Myers contends that the prosecutor improperly argued non-statutory aggravating factors durin

2002State v. Liberatore (1982), 69 Ohio St.2d 583, 589 , 23 O.O.3d 489 , 433 N.E.2d 561 . {¶ 146} Myers claims that the prosecutor improperly denigrated defense counsel by commenting that the evidence presented by defense counsel “in some cases * * * was almost a snow job.” This isolated, unobjected-to comment, however, was only marginally denigrating, and was not close in scope or scale to the comments we found improper in State v. Keenan (1993), 66 Ohio St.3d 402, 405-406 , 613 N.E.2d 203 . {¶ 147} Next, Myers contends that the prosecutor improperly argued non-statutory aggravating factors durin

22002–2002
State v. Whitaker green
ohio · 2022
1 sentence

2024State v. Whitaker, 2022-Ohio-2840, ¶ 161 ; State v. Johnson, 2018-Ohio-4131, ¶ 35 (1st Dist.). {¶40} Truesdell also argues that the prosecutor improperly denigrated defense counsel during closing arguments.

12024–2024
State v. Davis green
ohio · 2008
1 sentence

2017"It is improper to denigrate defense counsel in the jury's presence." State v. Davis , 116 Ohio St.3d 404 , 2008-Ohio-2 , 880 N.E.2d 31 , ¶ 304. {¶ 236} First, he complains that the prosecutor argued, "Now, implicit in the cross-examination is, * * * they-you know, and it's natural, trying to, as I say, kind of dirty up the victim." After the trial court sustained an objection, the prosecutor continued, "Implicit in the cross-examination is to question Heather Jackson's lifestyle." {¶ 237} The prosecutor's initial comment that "it's natural, trying to * * * dirty up the victim" denigrated defe

12017–2017
State v. Twyford green
ohio · 2002
1 sentence

2002State v. Twyford , supra. {¶ 25} Finally, Williams contends the prosecutor improperly denigrated defense counsel's statements and tactics.

12002–2002
State v. Tibbetts green
ohio · 2001
1 sentence

2001State v. Tibbets, supra. Appellant also asserts during his final address to the jury, the prosecutor improperly denigrated defense counsel's statements and tactics.

12001–2001
Smith v. Phillips green
scotus · 1982
2 sentences

1992Appellant objected to a number of these allegedly improper comments. “[T]he touchstone of due process analysis in cases of alleged prosecutorial misconduct is the fairness of the trial, not the culpability of the prosecutor.” Smith v. Phillips (1982), 455 U.S. 209, 219 , 102 S.Ct. 940, 947 , 71 L.Ed.2d 78, 87 .

1992Appellant objected to a number of these allegedly improper comments. “[T]he touchstone of due process analysis in cases of alleged prosecutorial misconduct is the fairness of the trial, not the culpability of the prosecutor.” Smith v. Phillips (1982), 455 U.S. 209, 219 , 102 S.Ct. 940, 947 , 71 L.Ed.2d 78, 87 .

11992–1992

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.03 (4) OH § Ohio Rev. Code § 2929.04 (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

NY 12 (1991–2017) MI 9 (1996–2024) OH 7 (1992–2024) WA 2 (2007–2007) CA 2 (2013–2015)

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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