mistake of law defense (Ohio) · Go Syfert
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mistake of law defense in Ohio

6 Ohio opinions name it 2 courts 1988–2024 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. Pinkneygreen
ohio · 1988 · cited in 4 Ohio opinions naming this issue, 1998–2024
2 sentences

2024Therefore, the trial court did not abuse its discretion in failing to give a jury instruction as to mistake of fact.”), State v. Snowden, 7 Ohio App.3d 358, 363 (10th Dist. 1982.) Further, “[i]t is well-settled that the mistake-of-law defense is not recognized in Ohio.” State v. Pinkney, 36 Ohio St.3d 190, 198 (1988).

2012State v. Pinkney, 36 Ohio St.3d 190, 198 , 522 N.E.2d 555 (1988).

14
State v. Snowdengreen
ohioctapp · 1982 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Therefore, the trial court did not abuse its discretion in failing to give a jury instruction as to mistake of fact.”), State v. Snowden, 7 Ohio App.3d 358, 363 (10th Dist. 1982.) Further, “[i]t is well-settled that the mistake-of-law defense is not recognized in Ohio.” State v. Pinkney, 36 Ohio St.3d 190, 198 (1988).

11
United States v. Ruel Antonio Wallacegreen
ca9 · 2000 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019See State v Babcock, 2013-Ohio-2366 , 992 N.E.2d 1215 (holding “that the exclusionary rule operates to bar the admission of evidence obtained as a result of a traffic stop based on conduct that a police officer mistakenly believes is a violation of the law” and noting that two other districts in Ohio “have refused to allow a mistake of law exception to the application of the exclusionary rule in situations in which a defendant is stopped for a traffic violation when, in fact, the defendant's conduct was lawful.”).3 Admittedly, Babcock was decided prior to Heien. 2 City of Bowling Green v. Godw

11
City of Bowling Green v. Godwingreen
ohio · 2006 · cited in 1 Ohio opinions naming this issue, 2019–2019
2 sentences

2019See State v Babcock, 2013-Ohio-2366 , 992 N.E.2d 1215 (holding “that the exclusionary rule operates to bar the admission of evidence obtained as a result of a traffic stop based on conduct that a police officer mistakenly believes is a violation of the law” and noting that two other districts in Ohio “have refused to allow a mistake of law exception to the application of the exclusionary rule in situations in which a defendant is stopped for a traffic violation when, in fact, the defendant's conduct was lawful.”).3 Admittedly, Babcock was decided prior to Heien. 2 City of Bowling Green v. Godw

2019See State v Babcock, 2013-Ohio-2366 , 992 N.E.2d 1215 (holding “that the exclusionary rule operates to bar the admission of evidence obtained as a result of a traffic stop based on conduct that a police officer mistakenly believes is a violation of the law” and noting that two other districts in Ohio “have refused to allow a mistake of law exception to the application of the exclusionary rule in situations in which a defendant is stopped for a traffic violation when, in fact, the defendant's conduct was lawful.”).3 Admittedly, Babcock was decided prior to Heien. 2 City of Bowling Green v. Godw

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 (3)

CaseCitedYears
State v. Williams green
ohioctapp · 1952
2 sentences

1998State v. Williams (1952), 94 Ohio App. 249 , 51 O.O. 414 , 115 N.E.2d 36 ; State v. Pinkney (1988), 36 Ohio St.3d 190, 198 , 522 N.E.2d 555, 561 .

1998State v. Williams (1952), 94 Ohio App. 249 , 51 O.O. 414 , 115 N.E.2d 36 ; State v. Pinkney (1988), 36 Ohio St.3d 190, 198 , 522 N.E.2d 555, 561 .

21988–1998
Heien v. North Carolina green
scotus · 2014
2 sentences

2019The Iowa Supreme Court has maintained this distinction even after the United States Supreme Court decided in Heien v. North Carolina, [574] U.S. [54], 135 S.Ct. 530 , 539–40, 190 L.Ed.2d 475 (2014), that a reasonable mistake of law could support reasonable suspicion for a traffic stop.

2019The Iowa Supreme Court has maintained this distinction even after the United States Supreme Court decided in Heien v. North Carolina, [574] U.S. [54], 135 S.Ct. 530 , 539–40, 190 L.Ed.2d 475 (2014), that a reasonable mistake of law could support reasonable suspicion for a traffic stop.

12019–2019
State v. Coyne neutral
ohmunictclermon · 1983
2 sentences

1988State v. Williams (1952), 94 Ohio App. 249 , 51 O.O. 414, 415 , 115 N.E. 2d 36, 39 ; State v. Coyne (1983), 10 Ohio Misc. 2d 9, 10 , 10 OBR 162, 460 N.E. 2d 1171, 1172 .

1988State v. Williams (1952), 94 Ohio App. 249 , 51 O.O. 414, 415 , 115 N.E. 2d 36, 39 ; State v. Coyne (1983), 10 Ohio Misc. 2d 9, 10 , 10 OBR 162, 460 N.E. 2d 1171, 1172 .

11988–1988

Where else courts name it

TX 19 (1992–2024) CA 17 (1991–2026) NY 11 (1944–2016) ND 8 (1983–2011) AK 6 (1987–2023) OH 6 (1988–2024) WI 5 (2002–2013) IA 5 (1980–2020) DE 5 (1998–2019) NJ 5 (1992–2021) ID 4 (1997–2017) CO 4 (2000–2020) IL 3 (1989–2008) MD 2 (2024–2024) LA 2 (1997–2003) MI 2 (2018–2018) HI 2 (1996–2004) UT 2 (2003–2010) DC 2 (2016–2016)

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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