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7 Ohio opinions name it 1 courts 2018–2026 6 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. Claytongreen2 sentences2025Godsey at ¶ 37 ; see also State v. Clayton, 62 Ohio St.2d 45, 47-48 (1980) (where it is evident that trial counsel’s strategy was to seek a total acquittal for his client, and therefore not request an instruction on a lesser-included offense, appellant cannot claim on appeal the protection of Crim.R. 52(B) to negate the effect of that tactical decision). 4 In Bender, we referenced a “disaccord” in the law concerning whether a defendant who asserts self-defense is entitled to both an instruction on self-defense and on lesser-included offenses (or inferior-degree offenses), or instead must choos 2025Given the circumstances, any potential error was not “plain” because not giving an unrequested jury instruction on an unindicted offense was not “an obvious defect in -22- Case No. 1-25-04 the proceeding.” Morgan, 2017-Ohio-7565 , at ¶ 36; see also Clayton, 62 Ohio St.2d at 47 fn. 2. {¶41} Johnson’s third assignment of error is overruled. | 1 | 2 |
State v. Wimpeygreen1 sentence2026We do not concur. {¶ 15} As held by this court in State v. Wimpey, 2019-Ohio-4823, ¶ 13-15 (6th Dist.), Wimpey did not request an instruction on aggravated assault nor object to its omission from the jury instructions, and thus has forfeited all but plain error. | 1 | 1 |
State v. Godseygreen1 sentence2024E.g., Godsey, 2024-Ohio-629, at ¶ 37 (3d Dist.) (a trial court does not commit plain error in failing to provide an unrequested jury instruction where the decision not to request the instruction could be considered trial strategy). | 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. Jones
green
2 sentences2024Ross No. 16CA3574, 104 N.E.3d 34 , 2018-Ohio-239, ¶ 27 , citing Mohamed at ¶ 27. 2024Ross No. 16CA3574, 2018-Ohio-239, ¶ 27 . {¶38} As shown in our third assignment of error, Godsey’s counsel did not request a lesser-included theft instruction to robbery and it is apparent Godsey’s trial counsel pursued a complete acquittal defense strategy at trial regarding the robbery count. | 3 | 2021–2024 |
State v. Morgan (Slip Opinion)
green
1 sentence2025Given the circumstances, any potential error was not “plain” because not giving an unrequested jury instruction on an unindicted offense was not “an obvious defect in -22- Case No. 1-25-04 the proceeding.” Morgan, 2017-Ohio-7565 , at ¶ 36; see also Clayton, 62 Ohio St.2d at 47 fn. 2. {¶41} Johnson’s third assignment of error is overruled. | 1 | 2025–2025 |
State v. Mohamed (Slip Opinion)
green
2 sentences2024Cuyahoga No. 109128, 2021-Ohio-1808, ¶ 41 , quoting State v. Mohamed, 151 Ohio St.3d 320 , 2017-Ohio-7468 , ¶ 27. “‘Put differently, a trial court does not commit plain error in failing to provide an unrequested jury instruction where the decision to not request the instruction could be considered trial strategy.’” Id., quoting State v. Jones, 4th Dist. 2024Cuyahoga No. 109128, 2021-Ohio-1808, ¶ 41 , quoting State v. Mohamed, 151 Ohio St.3d 320 , 2017-Ohio-7468 , ¶ 27. “‘Put differently, a trial court does not commit plain error in failing to provide an unrequested jury instruction where the decision to not request the instruction could be considered trial strategy.’” Id., quoting State v. Jones, 4th Dist. | 1 | 2024–2024 |
State v. Lloyd
green
1 sentence2024Cuyahoga No. 109128, 2021-Ohio-1808, ¶ 41 , quoting State v. Mohamed, 151 Ohio St.3d 320 , 2017-Ohio-7468 , ¶ 27. “‘Put differently, a trial court does not commit plain error in failing to provide an unrequested jury instruction where the decision to not request the instruction could be considered trial strategy.’” Id., quoting State v. Jones, 4th Dist. | 1 | 2024–2024 |
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.
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.