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8 Ohio opinions name it 2 courts 1987–2020 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.
| Case | Followed | Cited |
|---|---|---|
State v. Wattersgreen2 sentences1991State v. Riggins (1986), 35 Ohio App.3d 1 , 519 N.E.2d 397 ; see, also, State v. Watters (1985), 27 Ohio App.3d 186 , 27 OBR 224, 500 N.E.2d 312 . 1991State v. Riggins (1986), 35 Ohio App.3d 1 , 519 N.E.2d 397 ; see, also, State v. Watters (1985), 27 Ohio App.3d 186 , 27 OBR 224, 500 N.E.2d 312 . | 1 | 2 |
State v. Swigergreen2 sentences1996See State v. Swiger (1987), 34 Ohio App.3d 371 , 518 N.E.2d 972 , which held that if the defendant requests that the trial judge determine the existence of the specification at the sentencing hearing and evidence of a specification of a former conviction is a matter of sentencing, not an element of the offense charged, it is prejudicially erroneous to permit evidence of the specification to go to the jury. 1996See State v. Swiger (1987), 34 Ohio App.3d 371 , 518 N.E.2d 972 , which held that if the defendant requests that the trial judge determine the existence of the specification at the sentencing hearing and evidence of a specification of a former conviction is a matter of sentencing, not an element of the offense charged, it is prejudicially erroneous to permit evidence of the specification to go to the jury. | 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. Arnold
green
2 sentences1993This argument ignores our ruling in State v. Arnold, (1991), 61 Ohio St.3d 175 , 573 N.E.2d 1079 , in which we stated that the sentencing court “must employ both R.C. 2929.11(B) and the applicable section of Chapter 2925 when determining the penalty for an R.C. 1993This argument ignores our ruling in State v. Arnold, (1991), 61 Ohio St.3d 175 , 573 N.E.2d 1079 , in which we stated that the sentencing court “must employ both R.C. 2929.11(B) and the applicable section of Chapter 2925 when determining the penalty for an R.C. | 2 | 1993–1993 |
State v. Sheffey
green
1 sentence2020State v. Sheffey, 8th Dist. Cuyahoga No. 98944, 2013-Ohio-2463, ¶ 36 ; Brown v. Reid, 5 8th Dist. Cuyahoga No. 94384, 2010-Ohio-527 , ¶ 6 (finding no support “for the proposition that R.C. 2929.41(B)(1) requires that the language for consecutive sentences must be made in the sentencing entry for the misdemeanor case”). | 1 | 2020–2020 |
State v. Byrd
neutral
2 sentences1997“It is apparent that a request for the trial judge to determine the existence of a specification must be made before trial.” 6 State v. Byrd (1985), 26 Ohio App.3d 91, 93 , 26 OBR 266, 267, 498 N.E.2d 217, 219 . 1997“It is apparent that a request for the trial judge to determine the existence of a specification must be made before trial.” 6 State v. Byrd (1985), 26 Ohio App.3d 91, 93 , 26 OBR 266, 267, 498 N.E.2d 217, 219 . | 1 | 1997–1997 |
State v. Riggins
green
2 sentences1991State v. Riggins (1986), 35 Ohio App.3d 1 , 519 N.E.2d 397 ; see, also, State v. Watters (1985), 27 Ohio App.3d 186 , 27 OBR 224, 500 N.E.2d 312 . 1991State v. Riggins (1986), 35 Ohio App.3d 1 , 519 N.E.2d 397 ; see, also, State v. Watters (1985), 27 Ohio App.3d 186 , 27 OBR 224, 500 N.E.2d 312 . | 1 | 1991–1991 |
State v. Curry
green
2 sentences1987State v. Curry (1975), 43 Ohio St. 2d 66 , 72 O.O. 2d 37, 330 N.E. 2d 720 . 1987State v. Curry (1975), 43 Ohio St. 2d 66 , 72 O.O. 2d 37, 330 N.E. 2d 720 . | 1 | 1987–1987 |
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.