Ohio rule (Ohio) · Go Syfert
← Ohio issues

Ohio rule in Ohio

305 Ohio opinions name it 21 courts 1875–2026 47 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 (31)

CaseFollowedCited
Marks v. C.P. Chemical Co.green
ohio · 1987 · cited in 5 Ohio opinions naming this issue, 1998–2026
2 sentences

2026Co., Inc., 31 Ohio St.3d 200, 201 (1987) (“Because Civ.R. 23 is virtually identical to Fed.R.Civ.P. 23, we have recognized that ‘federal authority is an appropriate aid to interpretation of the Ohio rule.’”). {¶ 39} As this court has stated, “[t]he Ohio Rules of Civil Procedure, which were promulgated by the Supreme Court pursuant to Section 5(B), Article IV of the Ohio Constitution, must control over subsequently enacted inconsistent statutes purporting to govern procedural matters.” Rockey v. 84 Lumber Co., 66 Ohio St.3d 221 (1993), paragraph two of the syllabus.

2026Co., Inc., 31 Ohio St.3d 200, 201 (1987) (“Because Civ.R. 23 is virtually identical to Fed.R.Civ.P. 23, we have recognized that ‘federal authority is an appropriate aid to interpretation of the Ohio rule.’”). {¶ 39} As this court has stated, “[t]he Ohio Rules of Civil Procedure, which were promulgated by the Supreme Court pursuant to Section 5(B), Article IV of the Ohio Constitution, must control over subsequently enacted inconsistent statutes purporting to govern procedural matters.” Rockey v. 84 Lumber Co., 66 Ohio St.3d 221 (1993), paragraph two of the syllabus.

35
McKimm v. Ohio Elections Commissiongreen
ohio · 2000 · cited in 4 Ohio opinions naming this issue, 2009–2022
2 sentences

2022Additionally, “[a]ll four factors of Ohio’s test for distinguishing a statement of fact from an opinion depend on the reasonable reader’s perception of the statement–not on the perception of the publisher.” McKimm v. Ohio Elections Comm., 89 Ohio St.3d 139, 144 (2000), citing Vail at 282-283.

2017"All four factors of Ohio's test for distinguishing a statement of fact from an opinion depend on the reasonable reader's perception of the statement-not on the perception of the publisher." Id. , citing Vail at 282-83, 649 N.E.2d 182 .

34
In re Mitchellgreen
ohio · 1997 · cited in 4 Ohio opinions naming this issue, 2005–2006
2 sentences

2006“We expect applicants for admission to the Ohio bar and bar members to scrupulously honor all financial commitments.” In re Application of Manayan, 102 Ohio St.3d 109 , 2004-Ohio-1804 , 807 N.E.2d 313, ¶ 14 ; In re Application of Mitchell (1997), 79 Ohio St.3d 153 , 679 N.E.2d 1127 (disapproving the application of an applicant who, along with other problems, had had several credit cards canceled for nonpayment). {¶ 22} The applicant’s tendency toward financial irresponsibility makes him a poor risk to entrust with the duties owed clients,’the courts, adversaries, and others in the practice of

2006“We expect applicants for admission to the Ohio bar and bar members to scrupulously honor all financial commitments.” In re Application of Manayan, 102 Ohio St.3d 109 , 2004-Ohio-1804 , 807 N.E.2d 313, ¶ 14 ; In re Application of Mitchell (1997), 79 Ohio St.3d 153 , 679 N.E.2d 1127 (disapproving the application of an applicant who, along with other problems, had had several credit cards canceled for nonpayment). {¶ 22} The applicant’s tendency toward financial irresponsibility makes him a poor risk to entrust with the duties owed clients,’the courts, adversaries, and others in the practice of

34
Felix v. Ganley Chevrolet, Inc. (Slip Opinion)green
ohio · 2015 · cited in 5 Ohio opinions naming this issue, 2023–2026
2 sentences

2026Furthermore, “[b]ecause the Ohio Rules of Civil Procedure are modeled after the Federal Rules of Civil Procedure, federal law interpreting the federal rule is appropriate and persuasive authority in interpreting a similar Ohio rule.” Felix v. Ganley Chevrolet, Inc., 145 Ohio St.3d 329, 333 (2015), citing Stammco, L.L.C. v. United Tel.

2026Furthermore, “[b]ecause the Ohio Rules of Civil Procedure are modeled after the Federal Rules of Civil Procedure, federal law interpreting the federal rule is appropriate and persuasive authority in interpreting a similar Ohio rule.” Felix v. Ganley Chevrolet, Inc., 145 Ohio St.3d 329, 333 (2015), citing Stammco, L.L.C. v. United Tel.

25
Myers v. City of Toledogreen
ohio · 2006 · cited in 5 Ohio opinions naming this issue, 2011–2015
2 sentences

2015See Myers v. Toledo, 110 Ohio St.3d 218 , 2006-Ohio-4353 , ¶ 18 (when the language of a federal rule of civil procedure tracks the language of an Ohio rule of civil procedure, case law interpreting the federal rule is persuasive authority).

2015See Myers v. Toledo, 110 Ohio St.3d 218 , 2006-Ohio-4353 , ¶ 18 (when the language of a federal rule of civil procedure tracks the language of an Ohio rule of civil procedure, case law interpreting the federal rule is persuasive authority).

25
Hope Academy v. White Hat Mgt., L.L.C.green
· 2022 · cited in 2 Ohio opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., Hope Academy, Broadway Campus v. White Hat Mgt., LLC, 2022-Ohio-178, ¶ 32, fn. 6 (10th Dist.); State v. Burnett, 93 Ohio St.3d 419, 422-24 (2001). {¶ 25} We ultimately find that, under the facts and circumstances of this case, appellees have not provided this court with a compelling reason to depart from the notice- pleading standard applicable to claims brought in Ohio courts.

2026See, e.g., Hope Academy, Broadway Campus v. White Hat Mgt., LLC, 2022-Ohio-178, ¶ 32, fn. 6 (10th Dist.); State v. Burnett, 93 Ohio St.3d 419, 422-24 (2001). {¶ 25} We ultimately find that, under the facts and circumstances of this case, appellees have not provided this court with a compelling reason to depart from the notice- pleading standard applicable to claims brought in Ohio courts.

22
State v. Burnettgreen
ohio · 2001 · cited in 2 Ohio opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., Hope Academy, Broadway Campus v. White Hat Mgt., LLC, 2022-Ohio-178, ¶ 32, fn. 6 (10th Dist.); State v. Burnett, 93 Ohio St.3d 419, 422-24 (2001). {¶ 25} We ultimately find that, under the facts and circumstances of this case, appellees have not provided this court with a compelling reason to depart from the notice- pleading standard applicable to claims brought in Ohio courts.

2026See, e.g., Hope Academy, Broadway Campus v. White Hat Mgt., LLC, 2022-Ohio-178, ¶ 32, fn. 6 (10th Dist.); State v. Burnett, 93 Ohio St.3d 419, 422-24 (2001). {¶ 25} We ultimately find that, under the facts and circumstances of this case, appellees have not provided this court with a compelling reason to depart from the notice- pleading standard applicable to claims brought in Ohio courts.

22
State v. Webbgreen
ohio · 1994 · cited in 2 Ohio opinions naming this issue, 2002–2015
2 sentences

2015For non-constitutional errors in the admission of evidence, the test is whether “there is substantial other evidence to support the guilty verdict.” State v. Webb, 70 Ohio St.3d 325, 335 (1994). {¶34} The Ohio test * * * for determining whether the admission of inflammatory and otherwise erroneous evidence is harmless non- constitutional error requires the reviewing court to look at the whole record, leaving out the disputed evidence, and then to decide whether there is other substantial evidence to support the guilty verdict.

2015For non-constitutional errors in the admission of evidence, the test is whether “there is substantial other evidence to support the guilty verdict.” State v. Webb, 70 Ohio St.3d 325, 335 (1994). {¶34} The Ohio test * * * for determining whether the admission of inflammatory and otherwise erroneous evidence is harmless non- constitutional error requires the reviewing court to look at the whole record, leaving out the disputed evidence, and then to decide whether there is other substantial evidence to support the guilty verdict.

22
Kleinfeld v. Linkgreen
ohioctapp · 1983 · cited in 2 Ohio opinions naming this issue, 1996–1999
22
In re Manayangreen
ohio · 2004 · cited in 8 Ohio opinions naming this issue, 2004–2021
2 sentences

2021See also In re Application of Mefford, 104 Ohio St.3d 324 , 2004-Ohio-6591 , 819 N.E.2d 684 , ¶ 11 (“seeming lack of concern on the applicant’s part in the face of repeated requests [to furnish financial information] from the panel fully justifies the panel’s and the board’s recommendation that the applicant not be permitted to take the bar examination at this time”). {¶ 22} “And financial responsibility is critically important for lawyers.” Mefford at ¶ 12. “ ‘We expect applicants for admission to the Ohio bar and bar members to scrupulously honor all financial commitments.’ ” Id., quoting In

2021See also In re Application of Mefford, 104 Ohio St.3d 324 , 2004-Ohio-6591 , 819 N.E.2d 684 , ¶ 11 (“seeming lack of concern on the applicant’s part in the face of repeated requests [to furnish financial information] from the panel fully justifies the panel’s and the board’s recommendation that the applicant not be permitted to take the bar examination at this time”). {¶ 22} “And financial responsibility is critically important for lawyers.” Mefford at ¶ 12. “ ‘We expect applicants for admission to the Ohio bar and bar members to scrupulously honor all financial commitments.’ ” Id., quoting In

18
Stammco, L.L.C. v. United Tel. Co. of Ohiogreen
ohio · 2013 · cited in 7 Ohio opinions naming this issue, 2014–2026
2 sentences

2014Co. of Ohio, 136 Ohio St.3d 231 , 2013-Ohio-3019 , 994 N.E.2d 408, ¶18 ("federal law interpreting a federal rule, while not controlling, is persuasive in interpreting a similar Ohio rule.").

2014Co. of Ohio, 136 Ohio St.3d 231 , 2013-Ohio-3019 , 994 N.E.2d 408, ¶18 ("federal law interpreting a federal rule, while not controlling, is persuasive in interpreting a similar Ohio rule.").

17
In re Cvammengreen
ohio · 2004 · cited in 4 Ohio opinions naming this issue, 2004–2020
2 sentences

2020See, e.g., In re Application of Cvammen, 102 Ohio St.3d 13 , 2004-Ohio-1584 , 806 N.E.2d 498 (permanently denying an application to register as a candidate for admission to the Ohio bar because ethical infractions so permeated the admissions process that the applicant’s honesty and integrity were shown to be intrinsically suspect); In re Application of Keita, 74 Ohio St.3d 46 , 656 N.E.2d 620 (1995) (permanently denying registration and bar-exam applications of an applicant who was unwilling to accept responsibility for questionable past behaviors and lapses in judgment). {¶ 25} Based upon the

2016See In re Application of Bagne, 102 Ohio St.3d 182 , 2004-Ohio-2070 , 808 N.E.2d 372 (application denied and applicant permitted to reapply in three years based on false statements to law-enforcement personnel and false testimony during admissions hearings in both Michigan and Ohio); In re Application of Cvammen, 102 Ohio St.3d 13 , 2004-Ohio-1584 , 806 N.E.2d 498 , ¶ 22 (permanently denying application to register as candidate for admission to the Ohio bar because ethical infractions so permeated the admissions process that the applicant’s honesty and integrity were shown to be intrinsically

14
Vail v. Plain Dealer Publishing Co.green
ohio · 1995 · cited in 4 Ohio opinions naming this issue, 2000–2017
2 sentences

2017"All four factors of Ohio's test for distinguishing a statement of fact from an opinion depend on the reasonable reader's perception of the statement-not on the perception of the publisher." Id. , citing Vail at 282-83, 649 N.E.2d 182 .

2009Additionally, “[a]ll four factors of Ohio’s test for distinguishing a statement of fact from an opinion depend on the reasonable reader’s perception of the statement — not on the perception of the publisher.” McKimm v. Ohio Elections Comm. (2000), 89 Ohio St.3d 139, 144 , 729 N.E.2d 364 , citing Vail, 72 Ohio St.3d at 282-283 , 649 N.E.2d 182 .

14
Humphrey v. Lanegreen
ohio · 2000 · cited in 3 Ohio opinions naming this issue, 2000–2022
2 sentences

2022Humphrey, 89 Ohio St.3d at 67 (noting the federal standard was previously stricter and correlated to Ohio’s standard).

2000Even applying the Ohio test for the free exercise of religion as set out in Humphrey v. Lane (2000), 89 Ohio St.3d 62 , 728 N.E.2d 1039 , I would find that Section 80 furthered a compelling state interest of preserving the nature of the neighborhood.

13
Disciplinary Counsel v. Polizzi (Slip Opinion)green
ohio · 2021 · cited in 1 Ohio opinions naming this issue, 2026–2026
11
Sharp v. Union Carbide Corp.green
ohio · 1988 · cited in 1 Ohio opinions naming this issue, 2026–2026
11
State v. T.W.C.green
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
In re Kohlergreen
ohio · 2007 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
State v. Pettifordgreen
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
State v. Hendersongreen
ohioctapp · 2017 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Davis v. Dept. of Rehab. & Corr.green
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
State Ex Rel. Karmasu v. Tategreen
ohioctapp · 1992 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Roe v. Bolandgreen
ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Tera, L.L.C. v. Rice Drilling D., L.L.C.green
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
State v. Holzgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
State v. Sadeghigreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
State v. Whitaker, Unpublished Decision (3-2-2007)green
ohioctapp · 2007 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
Ziegler v. Findlay Industries, Inc.green
ohnd · 2005 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
Reynolds v. Stricklandgreen
ca6 · 2009 · cited in 1 Ohio opinions naming this issue, 2021–2021
11
In re S.M.B.green
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2021–2021
11
State Ex Rel. Scott v. Industrial Commissiongreen
ohio · 2013 · cited in 1 Ohio opinions naming this issue, 2021–2021
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 (49)

CaseCitedYears
State v. Hamblin green
ohio · 1988
2 sentences

2015State v. Hamblin, 37 Ohio St.3d 153, 155-156 , 524 N.E.2d 476 (1988).

2015State v. Hamblin, 37 Ohio St.3d 153, 155-156 , 524 N.E.2d 476 (1988).

102007–2015
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2026Daubert, 509 U.S. at 594-595 ; Miller, at 611-612. {¶38} The amended Ohio rule mirrors the 2023 amendments to Fed.R.

2026Daubert, 509 U.S. at 594-595 ; Miller, at 611-612. {¶38} The amended Ohio rule mirrors the 2023 amendments to Fed.R.

51998–2026
State v. Davis green
ohioctapp · 1975
2 sentences

2001In State v. Davis (1975), 44 Ohio App.2d 335 , our court stated at 347-348: The Ohio test then for determining whether the admission of inflammtory and otherwise erroneous evidence is harmless non-constitutional error requires the reviewing court to look at the whole record, leaving out the disputed evidence, and then to decide whether there is other substantial evidence to support the guilty verdict.

2001In State v. Davis (1975), 44 Ohio App.2d 335 , our court stated at 347-348: The Ohio test then for determining whether the admission of inflammtory and otherwise erroneous evidence is harmless non-constitutional error requires the reviewing court to look at the whole record, leaving out the disputed evidence, and then to decide whether there is other substantial evidence to support the guilty verdict.

51984–2017
State v. Cowans green
ohio · 1967
2 sentences

2017No. L-83-074, 1991 Ohio App. LEXIS 3856 , *13, 1991 WL 156534 (Aug. 16, 1991). {¶23} “The test is whether ‘there is substantial evidence to support the guilty verdict even after the tainted evidence is cast aside.’ Id. at ¶20, quoting State v. Cowans, 10 Ohio St.2d 96, 104 , 227 N.E.2d 201 (1967). {¶24} “‘The Ohio test * * * for determining whether admission of * * * erroneous 7 evidence is harmless non-constitutional error requires the reviewing court to look at the whole record, leaving out the disputed evidence, and then to decide whether there is other substantial evidence to support the g

2017No. L-83-074, 1991 Ohio App. LEXIS 3856 , *13, 1991 WL 156534 (Aug. 16, 1991). {¶23} “The test is whether ‘there is substantial evidence to support the guilty verdict even after the tainted evidence is cast aside.’ Id. at ¶20, quoting State v. Cowans, 10 Ohio St.2d 96, 104 , 227 N.E.2d 201 (1967). {¶24} “‘The Ohio test * * * for determining whether admission of * * * erroneous 7 evidence is harmless non-constitutional error requires the reviewing court to look at the whole record, leaving out the disputed evidence, and then to decide whether there is other substantial evidence to support the g

31975–2017
Dunn v. United States green
scotus · 1932
2 sentences

2005Woodson, supra. {¶ 20} The Ohio rule is consistent with the reasoning set forth in Dunn v. United States (1932), 284 U.S. 390 , the leading federal case on this subject.

2005Woodson, supra. {¶ 20} The Ohio rule is consistent with the reasoning set forth in Dunn v. United States (1932), 284 U.S. 390 , the leading federal case on this subject.

31985–2005
Disciplinary Counsel v. Henderson neutral
ohio · 1997
2 sentences

2026Disciplinary Counsel v. Henderson, 78 Ohio St.3d 1501 (1997).

2006Disciplinary Counsel v. Henderson (1997), 78 Ohio St.3d 1501 , 679 N.E.2d 2 .

22006–2026
United States Marshals Service v. Means green
· 1984
2 sentences

2025Evid.R. 614(A) “ ‘simply codifies a judge's well-established common law authority to call witnesses.’ ” State v. Pettiford, 2019-Ohio-892, ¶ 86 (2d Dist.), quoting United States Marshals Serv. v. Means, 741 F.2d 1053 , 1058 (8th Cir. 1984) (discussing Fed.R.Evid. 614(a), which is identical to Ohio’s rule).

2019“Rule 614(a) simply codifies a judge's well-established common law authority to call witnesses.” U.S. Marshals Serv. v. Means, 741 F.2d 1053 , 1058 (8th Cir.1984) (discussing Fed.R.Evid.614(a), which is identical to Ohio’s rule).

22019–2025
Bartner v. Debiasse green
nyed · 1957
2 sentences

2022As stated by the Supreme Court 3 Case No. 2021-G-0015 in Maryhew, “[w]e are supported in this conclusion by a number of federal cases which have had occasion to interpret Fed.R.Civ.P. 12 which is comparable to the Ohio rule.” (Parallel citations omitted.) Id., citing Bartner v. Debiasse 20 F.R.D. 355 (E.D.N.Y.1957) (where the defendant obtained two extensions “to answer or otherwise move,” and the court held that the defendant did not waive his right to assert lack of jurisdiction over his person). {¶11} Accordingly, the trial court did not err in concluding that Daniel did not waive the defen

2022As stated by the Supreme Court 3 Case No. 2021-G-0015 in Maryhew, “[w]e are supported in this conclusion by a number of federal cases which have had occasion to interpret Fed.R.Civ.P. 12 which is comparable to the Ohio rule.” (Parallel citations omitted.) Id., citing Bartner v. Debiasse 20 F.R.D. 355 (E.D.N.Y.1957) (where the defendant obtained two extensions “to answer or otherwise move,” and the court held that the defendant did not waive his right to assert lack of jurisdiction over his person). {¶11} Accordingly, the trial court did not err in concluding that Daniel did not waive the defen

21984–2022
Cook v. City of Cincinnati green
ohioctapp · 1995
2 sentences

2022Coterel, 2016-Ohio-7411 , 72 N.E.3d 1159, at ¶ 14 , citing Cook v. Cincinnati, 103 Ohio App.3d 80, 90 , 658 N.E.2d 814 (1st Dist.1995).

2022Coterel, 2016-Ohio-7411 , 72 N.E.3d 1159, at ¶ 14 , citing Cook v. Cincinnati, 103 Ohio App.3d 80, 90 , 658 N.E.2d 814 (1st Dist.1995).

22016–2022
State v. Lacey neutral
ohioctapp · 2016
2 sentences

2021Cuyahoga No. 102812, 2016-Ohio-1375, ¶ 15 . {¶32} Ohio limits the practice of law to those individuals who have been admitted to the Ohio bar.

2021Cuyahoga No. 102812, 2016-Ohio-1375, ¶ 15 . {¶32} Ohio limits the practice of law to those individuals who have been admitted to the Ohio bar.

22021–2021
State v. Fugate green
ohio · 2008
2 sentences

2018It is not at all unusual for Ohio defendants to receive "double credit." The state's argument that it would be absurd to conclude that the General Assembly intended "double credit" in the jail-time-credit context is a nonstarter. {¶ 37} This court's decision in State v. Fugate , 117 Ohio St.3d 261 , 2008-Ohio-856 , 883 N.E.2d 440 , is also helpful.

2018It is not at all unusual for Ohio defendants to receive "double credit." The state's argument that it would be absurd to conclude that the General Assembly intended "double credit" in the jail-time-credit context is a nonstarter. {¶ 37} This court's decision in State v. Fugate , 117 Ohio St.3d 261 , 2008-Ohio-856 , 883 N.E.2d 440 , is also helpful.

22018–2018
In re Aboyade green
ohio · 2004
2 sentences

2015See Supreme Court of Ohio, Definitions of Essential Eligibility Requirements for the Practice of Law, Requirement Nos. 3, 4, 5, and 10, http://www.supremecourt.ohio.gov/AttySvcs/admissions/pdf/ESSENTIAL_ELIG IBILITY_REQUREMENTS.pdf. 8 January Term, 2015 {¶ 20} We have recognized that “[a]n applicant whose honesty and integrity are intrinsically suspect cannot be admitted to the Ohio bar.” In re Application of Aboyade, 103 Ohio St.3d 318 , 2004-Ohio-4773 , 815 N.E.2d 383 , ¶ 16, citing In re Application of Cvammen, 102 Ohio St.3d 13 , 2004-Ohio-1584 , 806 N.E.2d 498 , ¶ 22.

2015See Supreme Court of Ohio, Definitions of Essential Eligibility Requirements for the Practice of Law, Requirement Nos. 3, 4, 5, and 10, http://www.supremecourt.ohio. gov/AttySvcs/admissions/pdf/ESSENTIAL_ELIGIBILITY_REQUIREMENTS. pdf. {¶ 20} We have recognized that “[a]n applicant whose honesty and integrity are intrinsically suspect cannot be admitted to the Ohio bar.” In re Application of Aboyade, 103 Ohio St.3d 318 , 2004-Ohio-4773 , 815 N.E.2d 383 , ¶ 16, citing In re Application of Cvammen, 102 Ohio St.3d 13 , 2004-Ohio-1584 , 806 N.E.2d 498 , ¶ 22.

22015–2017
Bureau of Support in the Department of Mental Hygiene & Correction v. Kreitzer green
ohio · 1968
2 sentences

2016The first branch of the syllabus in Martin reads as follows: “A trust conferring upon the trustees power to distribute income and principal in their ‘absolute discretion,’ but which provides standards by -29- which that discretion is to be exercised with reference to needs of the trust beneficiary for education, care, comfort or support, is neither a purely discretionary trust nor a strict support trust, and the trustees of such trust may be required to exercise their discretion to distribute income and principal for those needs.” (Citing Bureau of Support v. Kreitzer [1968], 16 Ohio St.2d 147

2016The first branch of the syllabus in Martin reads as follows: “A trust conferring upon the trustees power to distribute income and principal in their ‘absolute discretion,’ but which provides standards by -29- which that discretion is to be exercised with reference to needs of the trust beneficiary for education, care, comfort or support, is neither a purely discretionary trust nor a strict support trust, and the trustees of such trust may be required to exercise their discretion to distribute income and principal for those needs.” (Citing Bureau of Support v. Kreitzer [1968], 16 Ohio St.2d 147

21981–2016
Transamerica Insurance v. Nolan green
ohio · 1995
2 sentences

2015Id. at 321 . {¶10} The Ohio Supreme Court acknowledged the similarity between App.R. 3(D) and Fed.R.App.P. 3, but declined to interpret the Ohio rule as strictly as the Torres court had interpreted the federal rule.

2015Id. at 321 . {¶10} The Ohio Supreme Court acknowledged the similarity between App.R. 3(D) and Fed.R.App.P. 3, but declined to interpret the Ohio rule as strictly as the Torres court had interpreted the federal rule.

22006–2015
Rodrigo Garcia v. United States green
scotus · 1996
2 sentences

2012Thus, “[e]vidence intrinsic to the crime for which the defendant is on trial * * * is not governed by Rule 404(b).” Id. (discussing the federal rule, which is nearly identical to the Ohio rule). {¶24} In State v. Watson, 28 Ohio St.2d 15 , 275 N.E.2d 153 (1971), the Ohio Supreme Court reviewed the admissibility of other acts evidence involving a defendant seen with a gun.

2012Thus, “[e]vidence intrinsic to the crime for which the defendant is on trial * * * is not governed by Rule 404(b).” Id. (discussing the federal rule, which is nearly identical to the Ohio rule). {¶24} In State v. Watson, 28 Ohio St.2d 15 , 275 N.E.2d 153 (1971), the Ohio Supreme Court reviewed the admissibility of other acts evidence involving a defendant seen with a gun.

22011–2012
State v. Watson green
ohio · 1971
2 sentences

2012Thus, “[e]vidence intrinsic to the crime for which the defendant is on trial * * * is not governed by Rule 404(b).” Id. (discussing the federal rule, which is nearly identical to the Ohio rule). {¶24} In State v. Watson, 28 Ohio St.2d 15 , 275 N.E.2d 153 (1971), the Ohio Supreme Court reviewed the admissibility of other acts evidence involving a defendant seen with a gun.

2012Thus, “[e]vidence intrinsic to the crime for which the defendant is on trial * * * is not governed by Rule 404(b).” Id. (discussing the federal rule, which is nearly identical to the Ohio rule). {¶24} In State v. Watson, 28 Ohio St.2d 15 , 275 N.E.2d 153 (1971), the Ohio Supreme Court reviewed the admissibility of other acts evidence involving a defendant seen with a gun.

22011–2012
Bishop v. East Ohio Gas Co. green
· 1944
2 sentences

2008The rule is especially applicable where *Page 4 the property may have a peculiar worth to plaintiff.'" Bishop v. East Ohio Gas Co. (1944), 143 Ohio St. 541 , 545-546 , 56 N.E.2d 164 ; see, also, Tokles Son, Inc. v. Midwestern Indemn.

2008The rule is especially applicable where *Page 4 the property may have a peculiar worth to plaintiff.'" Bishop v. East Ohio Gas Co. (1944), 143 Ohio St. 541 , 545-546 , 56 N.E.2d 164 ; see, also, Tokles Son, Inc. v. Midwestern Indemn.

22007–2008
General Telephone Co. of Southwest v. Falcon green
scotus · 1982
22003–2005
Vanguards of Cleveland v. City of Cleveland, and Local Number 93, I.A.F.F., Afl-Cio, Intervenor-Appellant green
ca6 · 1985
22004–2004
Richard Vogel v. The City of Cincinnati, the Sentinel Police Association, Intervenor-Appellee green
ca6 · 1992
22004–2004
Hook v. State of Arizona, Department of Corrections green
ca9 · 1992
22004–2004
State v. Hector green
ohio · 1969
21974–2004
State Employment Relations Board v. Adena Local School District Board of Education green
ohio · 1993
21998–2002
Scott v. News-Herald green
ohio · 1986
22000–2000
Terry v. Pearlman green
mad · 1967
21999–1999
Nationwide Mutual Insurance v. Baker green
ohioctapp · 1995
21996–1999
Lucas v. Lucas neutral
mass · 1854
21909–1950
Rockey v. 84 Lumber Co. green
ohio · 1993
12026–2026
Paul Cheatham I.R.A. v. Huntington Natl. Bank (Slip Opinion) green
ohio · 2019
12026–2026
Lundeen v. Turner green
ohio · 2022
12025–2025
State v. Geis green
ohioctapp · 1981
12025–2025
Hayes v. Oakridge Home green
ohio · 2009
12025–2025
Ake v. Oklahoma green
scotus · 1985
12024–2024
State v. Lawson (Slip Opinion) green
ohio · 2021
12024–2024
Disciplinary Counsel v. Eisenberg green
ohio · 1998
12024–2024
Schafer v. Deszcz green
ohioctapp · 1997
12024–2024
State v. McLoyd green
ohioctapp · 2023
12023–2023
State v. Calhoun green
ohio · 1999
12023–2023
Northwest Real Estate Co. v. Serio green
md · 1929
12022–2022
In re Application of Richmond neutral
ohio · 2022
12022–2022

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2907.02 (10)

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

OH 305 (1875–2026) TX 7 (1945–2018) PA 6 (1940–2024) KY 5 (1961–2016) HI 5 (1964–2019) CA 5 (1970–2019) NY 5 (1959–2006) IL 4 (1981–2025) MO 4 (1904–2009) MI 4 (1940–2018) MD 4 (1961–2019) MS 4 (1989–1997) WA 3 (1955–1986) WI 3 (1926–1999) OR 3 (1898–1935) NE 3 (1908–1990) IA 3 (1973–1993) NC 2 (1979–2001) DE 2 (2019–2023) NJ 2 (1958–2000) AK 2 (1983–1990) CO 2 (1979–1998) MN 2 (2004–2006) WV 2 (1978–1997) TN 2 (1954–2018)

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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