testimony was plain error (Ohio) · Go Syfert
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testimony was plain error in Ohio

6 Ohio opinions name it 1 courts 1997–2023 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 (3)

CaseFollowedCited
State v. Lytlegreen
ohio · 1976 · cited in 2 Ohio opinions naming this issue, 2007–2007
2 sentences

2007No. 22441, 2005-Ohio-5804 , at ¶ 27 (citation omitted); see also State v. Holloway (1988), 38 Ohio St.3d 239 , 244 , citing State v. Lytle (1976), 48 Ohio St.2d 391 , 396-397 ("[t]he failure to object to error, alone, is not enough to sustain a claim of ineffective assistance of counsel.

2007No. 22441, 2005-Ohio-5804 , 2005 WL 2861481 , at ¶ 27; see also State v. Holloway (1988), 38 Ohio St.3d 239, 244 , 527 N.E.2d 831 , citing State v. Lytle (1976), 48 Ohio St.2d 391, 396-397 , 358 N.E.2d 623 (“The failure to object to error, alone, is not enough to sustain a claim of ineffective assistance of counsel.

22
State v. Hollowaygreen
ohio · 1988 · cited in 2 Ohio opinions naming this issue, 2007–2007
2 sentences

2007No. 22441, 2005-Ohio-5804 , at ¶ 27 (citation omitted); see also State v. Holloway (1988), 38 Ohio St.3d 239 , 244 , citing State v. Lytle (1976), 48 Ohio St.2d 391 , 396-397 ("[t]he failure to object to error, alone, is not enough to sustain a claim of ineffective assistance of counsel.

2007No. 22441, 2005-Ohio-5804 , 2005 WL 2861481 , at ¶ 27; see also State v. Holloway (1988), 38 Ohio St.3d 239, 244 , 527 N.E.2d 831 , citing State v. Lytle (1976), 48 Ohio St.2d 391, 396-397 , 358 N.E.2d 623 (“The failure to object to error, alone, is not enough to sustain a claim of ineffective assistance of counsel.

22
State v. Swansongreen
ohioctapp · 1984 · cited in 1 Ohio opinions naming this issue, 1997–1997
2 sentences

1997Plain error exists if “substantial rights of the accused are so adversely affected as to undermine the ‘fairness of the guilt determining process.’ ” State v. Swanson (1984), 16 Ohio App.3d 375, 377 , 16 OBR 430, 432, 476 N.E.2d 672, 675 (quoting State v. Gideons [1977], 52 Ohio App.2d 70, 77-78 , 6 O.O.3d 50, 53-54 , 368 N.E.2d 67, 72-73 ).

1997Plain error exists if “substantial rights of the accused are so adversely affected as to undermine the ‘fairness of the guilt determining process.’ ” State v. Swanson (1984), 16 Ohio App.3d 375, 377 , 16 OBR 430, 432, 476 N.E.2d 672, 675 (quoting State v. Gideons [1977], 52 Ohio App.2d 70, 77-78 , 6 O.O.3d 50, 53-54 , 368 N.E.2d 67, 72-73 ).

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 (6)

CaseCitedYears
State v. Bradford, Unpublished Decision (11-2-2005) green
ohioctapp · 2005
2 sentences

2007No. 22441, 2005-Ohio-5804 , at ¶ 27 (citation omitted); see also State v. Holloway (1988), 38 Ohio St.3d 239 , 244 , citing State v. Lytle (1976), 48 Ohio St.2d 391 , 396-397 ("[t]he failure to object to error, alone, is not enough to sustain a claim of ineffective assistance of counsel.

2007No. 22441, 2005-Ohio-5804 , 2005 WL 2861481 , at ¶ 27; see also State v. Holloway (1988), 38 Ohio St.3d 239, 244 , 527 N.E.2d 831 , citing State v. Lytle (1976), 48 Ohio St.2d 391, 396-397 , 358 N.E.2d 623 (“The failure to object to error, alone, is not enough to sustain a claim of ineffective assistance of counsel.

22007–2007
State v. Long green
ohio · 1978
2 sentences

2023State v. Long, 53 Ohio St.2d 91, 94 , 7 O.O.3d 178 , 372 N.E.2d 804 (1978).

2023State v. Long, 53 Ohio St.2d 91, 94 , 7 O.O.3d 178 , 372 N.E.2d 804 (1978).

12023–2023
Strickland v. Washington green
scotus · 1984
2 sentences

2017Deaton’s first assignment of error is overruled. {¶ 14} For his second assignment of error, Deaton argues that: THE APPELLANT WAS DENIED HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE UNITED STATES AND OHIO CONSTITUTIONS. {¶ 15} To prevail on a claim of “ineffective assistance of counsel, a defendant must satisfy the two-pronged test in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).” State v. Cardenas, 2016-Ohio-5537 , 61 N.E.3d 20 , ¶ 38 (2d Dist.).

2017Deaton’s first assignment of error is overruled. {¶ 14} For his second assignment of error, Deaton argues that: THE APPELLANT WAS DENIED HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE UNITED STATES AND OHIO CONSTITUTIONS. {¶ 15} To prevail on a claim of “ineffective assistance of counsel, a defendant must satisfy the two-pronged test in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).” State v. Cardenas, 2016-Ohio-5537 , 61 N.E.3d 20 , ¶ 38 (2d Dist.).

12017–2017
State v. Cardenas green
ohioctapp · 2016
1 sentence

2017Deaton’s first assignment of error is overruled. {¶ 14} For his second assignment of error, Deaton argues that: THE APPELLANT WAS DENIED HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE UNITED STATES AND OHIO CONSTITUTIONS. {¶ 15} To prevail on a claim of “ineffective assistance of counsel, a defendant must satisfy the two-pronged test in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).” State v. Cardenas, 2016-Ohio-5537 , 61 N.E.3d 20 , ¶ 38 (2d Dist.).

12017–2017
Goldfuss v. Davidson green
ohio · 1997
1 sentence

2004Accordingly, we confine our review to the question whether the admission of this testimony was plain error. {¶ 16} "In applying the doctrine of plain error in a civil case, reviewing courts must proceed with the utmost caution, limiting the doctrine strictly to those extremely rare cases where exceptional circumstances require its application to prevent a manifest miscarriage of justice, and where the error complained of, if left uncorrected, would have a material adverse effect on the character of, and public confidence in, judicial proceedings." Goldfuss v. Davidson (1997), 79 Ohio St.3d 116

12004–2004
State v. Gideons green
ohioctapp · 1977
2 sentences

1997Plain error exists if “substantial rights of the accused are so adversely affected as to undermine the ‘fairness of the guilt determining process.’ ” State v. Swanson (1984), 16 Ohio App.3d 375, 377 , 16 OBR 430, 432, 476 N.E.2d 672, 675 (quoting State v. Gideons [1977], 52 Ohio App.2d 70, 77-78 , 6 O.O.3d 50, 53-54 , 368 N.E.2d 67, 72-73 ).

1997Plain error exists if “substantial rights of the accused are so adversely affected as to undermine the ‘fairness of the guilt determining process.’ ” State v. Swanson (1984), 16 Ohio App.3d 375, 377 , 16 OBR 430, 432, 476 N.E.2d 672, 675 (quoting State v. Gideons [1977], 52 Ohio App.2d 70, 77-78 , 6 O.O.3d 50, 53-54 , 368 N.E.2d 67, 72-73 ).

11997–1997

Where else courts name it

IL 10 (1974–2000) OH 6 (1997–2023) NC 4 (1985–2025) MI 3 (2015–2023) MS 2 (2024–2025) MN 2 (2015–2016) KS 2 (1990–1992)

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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