extent it constitutes plain error (Ohio) · Go Syfert
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extent it constitutes plain error in Ohio

6 Ohio opinions name it 1 courts 2015–2026 1 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 (4)

CaseFollowedCited
State v. Rogersgreen
ohio · 2015 · cited in 4 Ohio opinions naming this issue, 2016–2020
2 sentences

2020In State v. Rogers, 143 Ohio St.3d 385 , the Ohio Supreme Court held that where a defendant fails to seek the merger of his convictions as allied offenses of similar import in the trial court, he forfeits any allied offenses claim, except to the extent it constitutes plain error.

2019T. at 7-8). {¶29} Although Appellant’s counsel did argue for concurrent sentences for the two counts of gross sexual imposition, he did not raise the issue of allied offenses. {¶30} In State v. Rogers, 143 Ohio St.3d 385 , the Ohio Supreme Court held that where a defendant fails to seek the merger of his convictions as allied offenses of similar import in the trial court, he forfeits any allied offenses claim, except to the extent it constitutes plain error.

24
State v. Quarterman (Slip Opinion)green
ohio · 2014 · cited in 5 Ohio opinions naming this issue, 2015–2020
2 sentences

2020Rogers at ¶ 21-25, citing State v. Quarterman, 140 Ohio St.3d 464 , 2014-Ohio-4034 , 19 N.E.3d 900 , ¶ 15-16.

2020Rogers at ¶ 21-25, citing State v. Quarterman, 140 Ohio St.3d 464 , 2014-Ohio-4034 , 19 N.E.3d 900 , ¶ 15-16.

15
State v. Hilliardgreen
ohioctapp · 2015 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026By failing to seek the merger of these convictions, he “has forfeited his allied offenses claim, except to the extent it constitutes plain error.” State v. Hilliard, 2015-Ohio-3142, ¶ 16 (8th Dist.), citing Rogers, 2015-Ohio-2459 , at ¶ 21- 25.

2026By failing to seek the merger of these convictions, he “has forfeited his allied offenses claim, except to the extent it constitutes plain error.” State v. Hilliard, 2015-Ohio-3142, ¶ 16 (8th Dist.), citing Rogers, 2015-Ohio-2459, at ¶ 21- 25.

11
State v. Davidsgreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026As such, Holmes “bears the burden of establishing his entitlement to the protection provided by R.C. 2941.25 [the allied offenses statute.]” State v. Davids, 2022-Ohio-2272, ¶ 43 (8th Dist.). 2.

2026As such, Holmes “bears the burden of establishing his entitlement to the protection provided by R.C. 2941.25 [the allied offenses statute.]” State v. Davids, 2022-Ohio-2272, ¶ 43 (8th Dist.). 2.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2941.25 (6) OH § Ohio Rev. Code § 2905.01 (3) OH § Ohio Rev. Code § 2953.08 (3)

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.

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