per se due process violation (Ohio) · Go Syfert
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per se due process violation in Ohio

6 Ohio opinions name it 1 courts 1998–2025 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 (2)

CaseFollowedCited
Boddie v. Connecticutgreen
scotus · 1971 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Boddie v. Connecticut, 401 U.S. 371, 378 (1971) (“Due process does not, of course, require that the defendant in every civil case actually have a hearing on the merits.

11
Houk v. Rossgreen
ohio · 1973 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Summers & Vargas Co. v. Abboud, 2010-Ohio-5595 , ¶ 19 (8th Dist.) (“it is well-settled that a trial court’s proper grant of summary judgment does not violate the constitutional guarantee of due process of law”); Houk v. Ross, 34 Ohio St.2d 77, 83-84 (1973); Civ.R. 56(C). {¶ 17} Crisp also argues that his due process rights have been violated because no jury trial took place.

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 (4)

CaseCitedYears
In Re Omosun Children green
ohioctapp · 1995
2 sentences

2014Appellant cites to In re Omosun Children, 106 Ohio App. 3d 813, 818 , 667 N.E. 2d 431 , where the Eleventh District stated, “Twenty-eight months of limbo in a juvenile dispositional hearing is, in our opinion, a per se due process violation, barring extraordinary circumstances.” Appellant argues that the delay from the July 25, 2011 filing of the motion for permanent custody to the decision on October 1, 2013, is similarly a per se denial of due process, and because any error has been waived by counsel’s failure to preserve the issue by filing a writ of procedendo, his counsel was ineffective.

2014Appellant cites to In re Omosun Children, 106 Ohio App. 3d 813, 818 , 667 N.E. 2d 431 , where the Eleventh District stated, “Twenty-eight months of limbo in a juvenile dispositional hearing is, in our opinion, a per se due process violation, barring extraordinary circumstances.” Appellant argues that the delay from the July 25, 2011 filing of the motion for permanent custody to the decision on October 1, 2013, is similarly a per se denial of due process, and because any error has been waived by counsel’s failure to preserve the issue by filing a writ of procedendo, his counsel was ineffective.

31998–2014
State v. Powell green
ohio · 2012
2 sentences

2018State v. Powell, 132 Ohio St.3d 233 , 2012-Ohio-2577 , 971 N.E.2d 865 , ¶ 74.

2018State v. Powell, 132 Ohio St.3d 233 , 2012-Ohio-2577 , 971 N.E.2d 865 , ¶ 74.

12018–2018
State v. Lewis, Unpublished Decision (3-30-2007) green
ohioctapp · 2007
1 sentence

2016C-050989 and C-060010, 2007-Ohio-1485, at ¶ 39 . 18 OHIO FIRST DISTRICT COURT OF APPEALS {¶55} Williams seems to argue that a per se due process violation results whenever there is a substitution of judges prior to sentencing.

12016–2016
Matter of Zhang green
ohioctapp · 1999
1 sentence

2003In re Zhang (1995), 135 Ohio App.3d 350 , 354 .

12003–2003

Where else courts name it

OH 6 (1998–2025) AZ 4 (2017–2018) WI 3 (2013–2016) MO 3 (2000–2023) ID 2 (1990–2010) MT 2 (2008–2009) CA 2 (2015–2026) FL 2 (1984–2009)

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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