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6 Ohio opinions name it 1 courts 2014–2020 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. Newkirkgreen2 sentences2020"An offender is not eligible to have his or her record sealed unless he or she satisfies these two prerequisites." Newkirk at ¶ 11 , citing Aguirre at ¶ 18 . "[F]or purposes of determining eligibility, an offender is not finally discharged until the offender has served all components of his or her sentence previously imposed by the court." Newkirk at ¶ 11 (citation omitted). {¶ 11} Newkirk underscored that Aguirre "made it clear that all sentencing requirements must be satisfied before an applicant is eligible to have his or her record of conviction sealed," Newkirk at ¶ 13 , and also pointed 2020"An offender is not eligible to have his or her record sealed unless he or she satisfies these two prerequisites." Newkirk at ¶ 11 , citing Aguirre at ¶ 18 . "[F]or purposes of determining eligibility, an offender is not finally discharged until the offender has served all components of his or her sentence previously imposed by the court." Newkirk at ¶ 11 (citation omitted). {¶ 11} Newkirk underscored that Aguirre "made it clear that all sentencing requirements must be satisfied before an applicant is eligible to have his or her record of conviction sealed," Newkirk at ¶ 13 , and also pointed | 2 | 2 |
In Re Whitegreen2 sentences2015No. 07AP-584, 2007-Ohio-6383, ¶ 7 (concluding that where "it is undisputed that appellant had not been finally discharged * * * because he had not paid the ordered No. 14AP-583 4 restitution," Jordan thus "was not yet eligible to apply to seal his conviction records"); In re White, 165 Ohio App.3d 288 , 2006-Ohio-233, ¶ 7 (10th Dist.) (holding "[a]n offender is not finally discharged for purposes of R.C. 2953.32(A)(1) if the offender still owes restitution"). {¶ 12} The state asserts that because appellee did not fulfill the community service requirement of her sentence, she has not received a 2015No. 07AP-584, 2007-Ohio-6383, ¶ 7 (concluding that where "it is undisputed that appellant had not been finally discharged * * * because he had not paid the ordered No. 14AP-583 4 restitution," Jordan thus "was not yet eligible to apply to seal his conviction records"); In re White, 165 Ohio App.3d 288 , 2006-Ohio-233, ¶ 7 (10th Dist.) (holding "[a]n offender is not finally discharged for purposes of R.C. 2953.32(A)(1) if the offender still owes restitution"). {¶ 12} The state asserts that because appellee did not fulfill the community service requirement of her sentence, she has not received a | 1 | 1 |
State v. Jordan, 07ap-584 (11-29-2007)green1 sentence2015No. 07AP-584, 2007-Ohio-6383, ¶ 7 (concluding that where "it is undisputed that appellant had not been finally discharged * * * because he had not paid the ordered No. 14AP-583 4 restitution," Jordan thus "was not yet eligible to apply to seal his conviction records"); In re White, 165 Ohio App.3d 288 , 2006-Ohio-233, ¶ 7 (10th Dist.) (holding "[a]n offender is not finally discharged for purposes of R.C. 2953.32(A)(1) if the offender still owes restitution"). {¶ 12} The state asserts that because appellee did not fulfill the community service requirement of her sentence, she has not received a | 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. Gainey
neutral
2 sentences2020"An offender is not eligible to have his or her record sealed unless he or she satisfies these two prerequisites." Newkirk at ¶ 11 , citing Aguirre at ¶ 18 . "[F]or purposes of determining eligibility, an offender is not finally discharged until the offender has served all components of his or her sentence previously imposed by the court." Newkirk at ¶ 11 (citation omitted). {¶ 11} Newkirk underscored that Aguirre "made it clear that all sentencing requirements must be satisfied before an applicant is eligible to have his or her record of conviction sealed," Newkirk at ¶ 13 , and also pointed 2019Indeed, in State v. Gainey, 10th Dist. No. 14AP-583, 2015-Ohio-3119 , this court determined that an offender who had not fulfilled the community service requirement of her sentence had not received a final discharge and was therefore not an eligible offender for purposes of R.C. 2953.32(A)(1). | 3 | 2019–2020 |
State v. Thomas, Unpublished Decision (8-11-2005)
green
1 sentence2014Cuyahoga No. 85294, 2005-Ohio-4145, ¶ 12 , citing Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 (1973). {¶ 36} Appellant's third assignment of error is overruled. {¶ 37} Assignment of Error No. 4: {¶ 38} THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT IN THE IMPOSITION OF COURT COSTS. {¶ 39} Appellant asserts that although the trial court ordered him to pay court costs at sentencing, the order is invalid due to the court's failure to advise him that failing to pay the court costs as ordered may result in a community service requirement. | 1 | 2014–2014 |
Tollett v. Henderson
green
2 sentences2014Cuyahoga No. 85294, 2005-Ohio-4145, ¶ 12 , citing Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 (1973). {¶ 36} Appellant's third assignment of error is overruled. {¶ 37} Assignment of Error No. 4: {¶ 38} THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT IN THE IMPOSITION OF COURT COSTS. {¶ 39} Appellant asserts that although the trial court ordered him to pay court costs at sentencing, the order is invalid due to the court's failure to advise him that failing to pay the court costs as ordered may result in a community service requirement. 2014Cuyahoga No. 85294, 2005-Ohio-4145, ¶ 12 , citing Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 (1973). {¶ 36} Appellant's third assignment of error is overruled. {¶ 37} Assignment of Error No. 4: {¶ 38} THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT IN THE IMPOSITION OF COURT COSTS. {¶ 39} Appellant asserts that although the trial court ordered him to pay court costs at sentencing, the order is invalid due to the court's failure to advise him that failing to pay the court costs as ordered may result in a community service requirement. | 1 | 2014–2014 |
State v. A.H.
green
1 sentence2014Cuyahoga No. 98622, 2013-Ohio-2525, ¶ 20-21 . 12 the court, the court may order the defendant to perform community service in an amount of not more than forty hours per month until the judgment is paid or until the court is satisfied that the defendant is in compliance with the approved payment schedule. (ii) If the court orders the defendant to perform the community service, the defendant will receive credit upon the judgment at the specified hourly credit rate per hour of community service performed, and each hour of community service performed will reduce the judgment by that amount. {¶28} | 1 | 2014–2014 |
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.