Sweeney motion (Ohio) · Go Syfert
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Sweeney motion in Ohio

7 Ohio opinions name it 1 courts 1999–2024 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 (6)

CaseFollowedCited
Doggett v. United Statesgreen
scotus · 1992 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Total Speedy-Trial Days Counted: 241 days (18 + 119 + 2 + 33 + 69) Relevant Constitutional Speedy-Trial Law {¶ 47} “ ‘To determine whether a defendant’s constitutional right to a speedy trial has been violated, a court should apply the four-factor balancing test adopted by the United States Supreme Court in [Barker v. Wingo, 407 U.S. 514 (1972)].’ ” State v. Hart, 2022-Ohio-4550, ¶ 90 (2d Dist.), quoting State v. Wagner, 2021-Ohio-1671, ¶ 14 (2d Dist.). “ ‘The factors include: (1) the length of the delay “between accusation and trial”; (2) the reason for the delay; (3) the defendant’s assertio

11
State v. Hartgreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Total Speedy-Trial Days Counted: 241 days (18 + 119 + 2 + 33 + 69) Relevant Constitutional Speedy-Trial Law {¶ 47} “ ‘To determine whether a defendant’s constitutional right to a speedy trial has been violated, a court should apply the four-factor balancing test adopted by the United States Supreme Court in [Barker v. Wingo, 407 U.S. 514 (1972)].’ ” State v. Hart, 2022-Ohio-4550, ¶ 90 (2d Dist.), quoting State v. Wagner, 2021-Ohio-1671, ¶ 14 (2d Dist.). “ ‘The factors include: (1) the length of the delay “between accusation and trial”; (2) the reason for the delay; (3) the defendant’s assertio

11
State v. Wagnergreen
ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024Total Speedy-Trial Days Counted: 241 days (18 + 119 + 2 + 33 + 69) Relevant Constitutional Speedy-Trial Law {¶ 47} “ ‘To determine whether a defendant’s constitutional right to a speedy trial has been violated, a court should apply the four-factor balancing test adopted by the United States Supreme Court in [Barker v. Wingo, 407 U.S. 514 (1972)].’ ” State v. Hart, 2022-Ohio-4550, ¶ 90 (2d Dist.), quoting State v. Wagner, 2021-Ohio-1671, ¶ 14 (2d Dist.). “ ‘The factors include: (1) the length of the delay “between accusation and trial”; (2) the reason for the delay; (3) the defendant’s assertio

2024Total Speedy-Trial Days Counted: 241 days (18 + 119 + 2 + 33 + 69) Relevant Constitutional Speedy-Trial Law {¶ 47} “ ‘To determine whether a defendant’s constitutional right to a speedy trial has been violated, a court should apply the four-factor balancing test adopted by the United States Supreme Court in [Barker v. Wingo, 407 U.S. 514 (1972)].’ ” State v. Hart, 2022-Ohio-4550, ¶ 90 (2d Dist.), quoting State v. Wagner, 2021-Ohio-1671, ¶ 14 (2d Dist.). “ ‘The factors include: (1) the length of the delay “between accusation and trial”; (2) the reason for the delay; (3) the defendant’s assertio

11
Froehlich v. Ohio Department of Mental Healthgreen
ohio · 2007 · cited in 1 Ohio opinions naming this issue, 2021–2021
1 sentence

2021See Froehlich v. Ohio Dept. of Mental Health, 114 Ohio St.3d 286 , 2007-Ohio-4161 , ¶ 10 (“The tort of malicious prosecution in a criminal setting requires proof of three essential elements: (1) malice in instituting or continuing the prosecution, (2) lack of probable cause, and (3) termination of the prosecution in favor of the accused.”) (Internal quotations and citation omitted.). {¶7} On appeal, Ms. Sweeney has not challenged the trial court’s finding that her claim for malicious prosecution fails because her complaint demonstrates that probable cause supported the filing of the charge aga

11
Paterson v. Equity Trust Co.green
ohioctapp · 2012 · cited in 1 Ohio opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Paterson v. Equity Trust Co., 9th Dist. 11CA009993, 2012-Ohio-860, ¶ 18 .

11
State v. Allengreen
ohio · 1996 · cited in 1 Ohio opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., State v. Allen (1996), 77 Ohio St.3d 172, 173 , 672 N.E.2d 638 , 639-640.

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 (5)

CaseCitedYears
Barker v. Wingo green
scotus · 1972
1 sentence

2024Total Speedy-Trial Days Counted: 241 days (18 + 119 + 2 + 33 + 69) Relevant Constitutional Speedy-Trial Law {¶ 47} “ ‘To determine whether a defendant’s constitutional right to a speedy trial has been violated, a court should apply the four-factor balancing test adopted by the United States Supreme Court in [Barker v. Wingo, 407 U.S. 514 (1972)].’ ” State v. Hart, 2022-Ohio-4550, ¶ 90 (2d Dist.), quoting State v. Wagner, 2021-Ohio-1671, ¶ 14 (2d Dist.). “ ‘The factors include: (1) the length of the delay “between accusation and trial”; (2) the reason for the delay; (3) the defendant’s assertio

12024–2024
State v. Sweeney green
ohioctapp · 1999
1 sentence

2019Id. at 772 . {¶ 82} This Court in Sweeney concluded: In order to prove this charge against Sweeney, the state had to prove, beyond a reasonable doubt, that Sweeney was not relieved from disability as provided in R.C. 2923.14, that he knowingly acquired, had, carried, or used a firearm, and that he was under indictment for or had been convicted of any felony of violence, or had been adjudged a juvenile delinquent for commission of any such felony.

12019–2019
State v. Fanning green
ohio · 1982
2 sentences

2012State v. DePew, 38 Ohio St.3d 275, 277 , 528 N.E.2d 542 (1988); State v. Fanning, 1 Ohio St.3d 19, 20 , 437 N.E.2d 583 (1982).

2012State v. DePew, 38 Ohio St.3d 275, 277 , 528 N.E.2d 542 (1988); State v. Fanning, 1 Ohio St.3d 19, 20 , 437 N.E.2d 583 (1982).

12012–2012
State v. DePew green
ohio · 1988
2 sentences

2012State v. DePew, 38 Ohio St.3d 275, 277 , 528 N.E.2d 542 (1988); State v. Fanning, 1 Ohio St.3d 19, 20 , 437 N.E.2d 583 (1982).

2012State v. DePew, 38 Ohio St.3d 275, 277 , 528 N.E.2d 542 (1988); State v. Fanning, 1 Ohio St.3d 19, 20 , 437 N.E.2d 583 (1982).

12012–2012
Rose Chevrolet, Inc. v. Adams green
ohio · 1988
1 sentence

1999"Under Civ.R. 60(B), a movant's burden is only to allege a meritorious defense, not to prove that he will prevail on that defense." Rose Chevrolet, Inc. v. Adams, supra at 20 , 520 N.E.2d at 566 .

11999–1999

Where else courts name it

OH 7 (1999–2024) IN 4 (2012–2020) WA 3 (1978–2025) TN 3 (2011–2024) WV 3 (2020–2024) SD 3 (2000–2001) ID 2 (2019–2019) TX 2 (2007–2007) ME 2 (1995–2019) AZ 2 (2004–2024) CA 2 (2009–2022) FL 2 (2001–2013)

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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