Topic: the term discretion itself involves the idea of choice, of … · Go Syfert
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Topic #2951

7 canonical passages across 4 cases, quoted by 106 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Jenkins.

#Case FlagCanonical passage Citers
1 State v. Jenkins Anchor
ohio · 1984
green “the term discretion itself involves the idea of choice, of an exercise of the will, of a determination made between competing considerations.” 32
2 Spalding v. Spalding
mich · 1959
green “it evidences not the exercise of will but perversity of will, not the exercise of judgment but defiance thereof, not the exercise of reason but rather of passion or bias.” 24
3 State v. Weaver
ohio · 2022
green “it evidences not the exercise of will but perversity of will, not the exercise of judgment but defiance thereof, not the exercise of reason but rather of passion or bias.” 15
4 Pons v. Ohio State Medical Board
ohio · 1993
green “term discretion itself involves the idea of choice, of an exercise of the will, of a determination made between competing considerations.” 12
5 State v. Weaver
ohio · 2022
green “profoundly and wholly violative of fact and reason” 11
6 Spalding v. Spalding
mich · 1959
green “so palpably and grossly violative of fact and logic that it evidences not the exercise of will but perversity of will, not the exercise of judgment but defiance thereof, not the exercise of reason but rather of passion or bias.” 6
7 State v. Weaver
ohio · 2022
green “involves more than a difference of opinion.” 6

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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