third and fourth factors (Ohio) · Go Syfert
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third and fourth factors in Ohio

6 Ohio opinions name it 1 courts 1999–2024 2 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
State v. Burnett, Unpublished Decision (3-11-2005)green
ohioctapp · 2005 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024They are: (3) whether the accused was given a complete and impartial hearing on the motion; and (4) whether the record reveals that the court gave full and fair consideration to the plea withdrawal request. {¶53} “Inviting and hearing oral arguments on a motion to withdraw a guilty plea at the sentencing hearing can constitute a full and fair hearing on the motion.” State v. Greenleaf, 2006-Ohio-4317, ¶ 78 (11th Dist.), citing State v. Burnett, 2005-Ohio-1036, ¶ 20 (2d Dist.).

11
State v. Greenleaf, Unpublished Decision (8-18-2006)green
ohioctapp · 2006 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024They are: (3) whether the accused was given a complete and impartial hearing on the motion; and (4) whether the record reveals that the court gave full and fair consideration to the plea withdrawal request. {¶53} “Inviting and hearing oral arguments on a motion to withdraw a guilty plea at the sentencing hearing can constitute a full and fair hearing on the motion.” State v. Greenleaf, 2006-Ohio-4317, ¶ 78 (11th Dist.), citing State v. Burnett, 2005-Ohio-1036, ¶ 20 (2d Dist.).

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
Wampler v. Higgins green
ohio · 2001
2 sentences

2011Wampler v. Higgins, 93 Ohio St.3d 111, 127 , 2001-Ohio-1293 , 752 N.E.2d 962 .

2011Wampler v. Higgins, 93 Ohio St.3d 111, 127 , 2001-Ohio-1293 , 752 N.E.2d 962 .

22005–2011
State v. Barnes green
ohio · 2022
1 sentence

2024Discovery Received After Guilty Plea: {¶59} In State v. Barnes, 2022-Ohio-4486, ¶ 24 , the Ohio Supreme Court held that, without regard to considering any factors, a trial court may still abuse its discretion in denying a defendant’s presentence motion to withdraw a guilty plea.

12024–2024
KLN Logistics Corp. v. Norton green
ohioctapp · 2008
2 sentences

2021KLN Logistics Corp., 174 Ohio App.3d 712 , 2008-Ohio-212 , 884 N.E.2d 631, at ¶ 12 , citing Vanguard Transp.

2021KLN Logistics Corp., 174 Ohio App.3d 712 , 2008-Ohio-212 , 884 N.E.2d 631, at ¶ 12 , citing Vanguard Transp.

12021–2021
Wampler v. Higgins green
ohio · 2001
1 sentence

2011Wampler v. Higgins, 93 Ohio St.3d 111, 127 , 2001-Ohio-1293 , 752 N.E.2d 962 .

12011–2011
State v. Xie green
ohio · 1992
1 sentence

2001State v. Xie, supra, at 527 .

12001–2001
Bertell Ollman v. Rowland Evans, Robert Novak green
cadc · 1984
1 sentence

1999This court has previously acknowledged that “[t]he language of the entire column may signal that a specific statement which, sitting alone, would appear to be factual is in actuality a statement of opinion.” Logan v. Fairfield (Oct. 26, 1989), Cuyahoga App. Nos. 56052 and 56055, unreported, 1989 WL 129119 , quoting Oilman v. Evans (D.C.Cir.1984), 750 F.2d 970 .

11999–1999

Where else courts name it

IL 21 (2000–2026) TX 21 (1989–2025) WI 9 (2002–2024) WA 8 (1995–2026) CA 7 (1980–2024) MI 7 (1996–2025) OH 6 (1999–2024) NJ 5 (2003–2019) NM 5 (1999–2022) OR 4 (2015–2025) LA 4 (1990–2018) MS 4 (1991–2005) MN 3 (2013–2016) GA 3 (2007–2010) VT 3 (2008–2025) CO 3 (2024–2026) OK 2 (2017–2017) MO 2 (2017–2025) WY 2 (2010–2018) SC 2 (2020–2025) AZ 2 (1985–2018) MT 2 (2012–2012) KS 2 (1995–2020) NH 2 (2020–2025) PA 2 (2003–2019) ND 2 (2018–2018) NC 2 (2006–2012) NY 2 (2015–2015) DE 2 (2019–2025)

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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