stand defense (Ohio) · Go Syfert
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stand defense in Ohio

6 Ohio opinions name it 1 courts 1949–2023 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 (1)

CaseFollowedCited
State v. Martingreen
ohioctapp · 1983 · cited in 1 Ohio opinions naming this issue, 2008–2008
1 sentence

2008The granting of a new trial "should be exercised only in the exceptional case in which the evidence weighs heavily against the conviction." Martin at 175, 485 N.E.2d 717 . *Page 8 {¶ 30} We note that in addition to the evidence previously discussed, the jury heard appellant when he took the stand in his defense.

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 (8)

CaseCitedYears
State v. Dehass green
ohio · 1967
2 sentences

2023State v. DeHass, 10 Ohio St.2d 230 , 227 N.E.2d 212 (1967), paragraph one of the syllabus. {¶33} Appellant took the stand in his defense.

2023State v. DeHass, 10 Ohio St.2d 230 , 227 N.E.2d 212 (1967), paragraph one of the syllabus. {¶33} Appellant took the stand in his defense.

12023–2023
State v. Glander neutral
ohioctapp · 2000
2 sentences

2006The consequence of the prosecution's failure to permit a defendant to inspect his statement is that if the defendant does not know or remember what is contained in the statement, he cannot knowingly and intelligently decide whether to take the witness stand and thus place his credibility at issue." State v. Glander (2000), 139 Ohio App.3d 490 , 497 , 744 N.E.2d 265 (citations omitted). {¶ 64} Additionally, the record reveals that defendant did not file a motion to suppress the oral statement prior to the trial.

2006The consequence of the prosecution's failure to permit a defendant to inspect his statement is that if the defendant does not know or remember what is contained in the statement, he cannot knowingly and intelligently decide whether to take the witness stand and thus place his credibility at issue." State v. Glander (2000), 139 Ohio App.3d 490 , 497 , 744 N.E.2d 265 (citations omitted). {¶ 64} Additionally, the record reveals that defendant did not file a motion to suppress the oral statement prior to the trial.

12006–2006
Grava v. Parkman Twp. green
ohio · 1995
1 sentence

2005Its claim did not "aris[e] out of the transaction or occurrence that was the subject matter of the previous action." Grava, supra, at 382, 1995-Ohio-331 , 653 N.E.2d 226 .

12005–2005
Grava v. Parkman Township green
ohio · 1995
1 sentence

2005Its claim did not "aris[e] out of the transaction or occurrence that was the subject matter of the previous action." Grava, supra, at 382, 1995-Ohio-331 , 653 N.E.2d 226 .

12005–2005
Dresher v. Burt green
ohio · 1996
2 sentences

2005Because res judicata did not bar Stand's claim against Ruyan for a fraudulent transfer, there were triable issues precluding summary judgment under Civ.R. 56. {¶ 22} Finally, the majority's statement, in paragraph 15, that "Stand failed to allege that any acts of fraud during the pendency of the first action were not discoverable," does not comport with the standard in Dresher v. Burt (1996), 75 Ohio St.3d 280 , 296 , 662 N.E.2d 264 .

2005Because res judicata did not bar Stand's claim against Ruyan for a fraudulent transfer, there were triable issues precluding summary judgment under Civ.R. 56. {¶ 22} Finally, the majority's statement, in paragraph 15, that "Stand failed to allege that any acts of fraud during the pendency of the first action were not discoverable," does not comport with the standard in Dresher v. Burt (1996), 75 Ohio St.3d 280 , 296 , 662 N.E.2d 264 .

12005–2005
State v. Fluellen green
ohioctapp · 1993
1 sentence

2003State v. Fluellen (1993), 88 Ohio App.3d 18 . {¶ 24} In this case, the defendant maintains that because the trial court denied his motion in limine to exclude evidence of his prior conviction, he was prevented from taking the stand in his defense.

12003–2003
State v. Wilson green
ohioctapp · 1982
1 sentence

2003State v. Wilson (1982), 8 Ohio App.3d 216 ; State v. Elliott (Feb. 27, 1995), Highland App. No. 94CA836; State v. Daugherty (Dec. 30, 1993), Lucas App. No. L-92-126; State v. Hall (Sept. 30, 1988), Union App. No. 14-86-29. {¶ 25} We reject the notion that the trial court "prevented" the defendant from taking the stand in his defense.

12003–2003
Conway v. Conway neutral
kan · 1930
1 sentence

1949In the case of Conway v. Conway, 288 Pacific 566 , upon which counsel for defendant rely heavily to secure a reversal of the judgment of the trial court, and in which it is claimed a statute similar to §11991 GC, was involved, “in an action for divorce and for alimony, the court made an allowance to plaintiff for herself of $200.00 per month, payable monthly until her death or remarriage.” In that case the supreme court of Kansas “held the allowance was void, and the court was authorized to strike it from the judgment on motion of defendant made after time for appeal had expired.” In that case

11949–1949

Where else courts name it

CA 21 (1941–2026) TX 21 (1967–2019) PA 12 (1936–2026) GA 9 (1975–2026) NY 9 (1968–2024) LA 7 (1976–2010) OH 6 (1949–2023) MS 6 (1992–2006) IL 5 (1977–2021) MN 5 (1938–2023) OR 5 (1940–2025) AZ 5 (1967–1976) MI 5 (1959–1982) TN 5 (1979–2010) MT 5 (1927–2018) MA 5 (1971–2025) CO 4 (1946–2010) MD 4 (1978–2019) DC 4 (1974–2011) AR 3 (1976–2017) SC 3 (2012–2021) NJ 3 (1970–1988) WA 3 (2014–2015) KS 3 (1970–2021) NH 2 (1970–1987) FL 2 (1989–2018) WI 2 (1883–2020) IA 2 (1924–2015) AL 2 (1973–1985) MO 2 (1957–2014) GU 2 (2021–2022) RI 2 (1971–2001) NV 2 (1965–1984) HI 2 (1920–2017) UT 2 (2003–2025)

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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