State v. Fanning, 437 N.E.2d 583 (Ohio 1982). · Go Syfert
State v. Fanning, 437 N.E.2d 583 (Ohio 1982). Cases Citing This Book View Copy Cite
“the appellate court must then independently determine, without deference to the conclusion of the trial court, whether the facts satisfy the applicable legal standard.”
3,716 citation events (3,241 in the last 25 years) across 17 distinct courts.
Strongest positive: State v. Crawford, Unpublished Decision (1-24-2005) (ohioctapp, 2005-01-24)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) State v. Crawford, Unpublished Decision (1-24-2005) (3×) also: Cited "see"
Ohio Ct. App. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
this principle is applicable to suppression hearings as well as trials.
discussed Cited as authority (quoted) State v. Harris
Ohio Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
the appellate court must then independently determine, without deference to the conclusion of the trial court, whether the facts satisfy the applicable legal standard.
discussed Cited as authority (rule) State v. Cecil
Ohio Ct. App. · 2026 · confidence medium
Thus, a reviewing court gives deference to and “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) Cleveland v. Glover
Ohio Ct. App. · 2026 · confidence medium
“An appellate court must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” State v. Tidwell, 165 Ohio St.3d 57, 60 (2021), citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Bennett
Ohio Ct. App. · 2026 · confidence medium
Thus, a reviewing court “must accept the 3 trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Clark
Ohio Ct. App. · 2026 · confidence medium
“An appellate court must accept the trial court's findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Jackson
Ohio Ct. App. · 2026 · confidence medium
State v. Dunlap, 73 Ohio St.3d 308 , 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Miller
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Tower
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Gibson
Ohio Ct. App. · 2025 · confidence medium
State v. Dunlap, 73 Ohio St.3d 308 , 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Willey
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Little
Ohio Ct. App. · 2025 · confidence medium
We agree that a mistrial is not a tolling event pursuant to R.C. 2945.71 because following a mistrial, R.C. 2945.71 does not apply, and the standard to be applied for speedy trial purposes is “reasonableness under federal and state constitutions.” State v. Fanning, 1 Ohio St.3d 19, 21 (1982).
cited Cited as authority (rule) State v. Woods
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 73 Ohio St.3d 308 , 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Cope
Ohio Ct. App. · 2025 · confidence medium
“At a suppression hearing, the evaluation of evidence and the credibility of witnesses are issues for the trier of fact.” State v. Brooks, 75 Ohio St.3d 148, 154 (1996), citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) In re K.P.
unknown court · 2025 · confidence medium
Thus, on appeal, we must “ ‘accept the trial court’s findings of fact if they are supported by competent, credible evidence.’ ” Leak at ¶ 12 , quoting Burnside at ¶ 8 , citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982). {¶ 19} With respect to the trial court’s conclusions of law, however, our standard of review is de novo.
cited Cited as authority (rule) State v. Clark
Ohio Ct. App. · 2025 · confidence medium
Thus, a reviewing court “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
examined Cited as authority (rule) State v. Reynolds (3×)
Ohio Ct. App. · 2025 · confidence medium
State v. Dunlap, 73 Ohio St.3d 308, 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Brefford
Ohio Ct. App. · 2025 · confidence medium
Thus, on appeal, we must “ ‘accept the trial court’s findings of fact if they are supported by competent, credible evidence.’ ” Id., quoting Burnside at ¶ 8 , citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982). {¶ 15} With respect to the trial court’s conclusions of law, however, our standard of review is de novo.
cited Cited as authority (rule) State v. Jones
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 73 Ohio St.3d 308, 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Andrews
Ohio Ct. App. · 2025 · confidence medium
Id.; State v. Fanning, 1 Ohio St.3d 19, 20 (1982); State v. Debrossard, 2015- Ohio-1054, ¶ 9 (4th Dist.).
cited Cited as authority (rule) State v. Jackson
Ohio Ct. App. · 2025 · confidence medium
Thus, a reviewing court “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) Solon v. Moore
unknown court · 2025 · confidence medium
“Consequently, an appellate court must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Reynolds
Ohio Ct. App. · 2025 · confidence medium
State v. Dunlap, 73 Ohio St.3d 308, 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Davis
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Robinson
Ohio Ct. App. · 2025 · confidence medium
Thus, a reviewing court “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Wolfe
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Allison
Ohio Ct. App. · 2025 · confidence medium
State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Shannon
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 73 Ohio St.3d 308 , 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Duch
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 73 Ohio St.3d 308, 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Benefield
Ohio Ct. App. · 2025 · confidence medium
See, State v. Dunlap, 73 Ohio St.3d 308, 314 (1995); and, State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Hawkins
Ohio Ct. App. · 2025 · confidence medium
On appeal, we "must accept the trial court's findings of fact if they are supported by competent, credible evidence." Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Conner
Ohio Ct. App. · 2025 · confidence medium
State v. Fanning, 1 Ohio St.3d 19, 20 (1982). {¶ 29} An appeal from a ruling on a motion to suppress presents a mixed question of fact and law.
cited Cited as authority (rule) State v. Sanders
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Bond
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 73 Ohio St.3d 308, 314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982). {¶ 24} Bond argues the trial court's factual findings were not supported by competent, credible evidence and the evidence presented did not satisfy the relevant legal standards.
cited Cited as authority (rule) State v. Edmonson
Ohio Ct. App. · 2025 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Church (2×)
Ohio Ct. App. · 2024 · confidence medium
See State v. Dunlap, 73 Ohio St.3d 308,314 (1995); State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Gaither
Ohio Ct. App. · 2024 · confidence medium
State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Weaver
Ohio Ct. App. · 2024 · confidence medium
“Consequently, an appellate court must accept the trial court's findings of fact if they are supported by competent, credible evidence.” Burnside at ¶ 8 , citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Harper
Ohio Ct. App. · 2024 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Jackson
Ohio Ct. App. · 2024 · confidence medium
We “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Rasheed
Ohio Ct. App. · 2024 · confidence medium
We agree that a mistrial is not a tolling event pursuant to R.C. 2945.71, because following a mistrial, R.C. 2945.71 does not apply, and the standard to be applied for speedy trial purposes is “reasonableness under federal and state constitutions.” State v. Fanning, 1 Ohio St.3d 19, 21 (1982). {¶ 39} Consistent with constitutional speedy trial standards, the reasonableness standard requires a four-factor analysis: “(1) the length of the delay, (2) the reason for the delay, (3) the defendant's assertion of his right to a speedy trial, and (4) the prejudice to the defendant.” State v. H…
cited Cited as authority (rule) State v. Alvarez
Ohio Ct. App. · 2024 · confidence medium
“Consequently, an appellate court must accept the trial court's findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Robertson
Ohio Ct. App. · 2024 · confidence medium
Thus, a reviewing court “must accept the trial court’s findings of fact if they are supported by competent, 13 credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Terry
Ohio Ct. App. · 2024 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982). {¶25} Appellant herein is arguing that “the trial court applied the wrong test to the correct facts and ultimately reached the wrong conclusion when it found that the search and seizure were pursuant to a valid Terry stop.” Analysis {¶26} We will first address Det.
cited Cited as authority (rule) State v. Cobb
Ohio Ct. App. · 2024 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Kirby
Ohio Ct. App. · 2024 · confidence medium
See State v. Dunlap, 1995-Ohio-243 ; Fairfield County, Case No. 2023 CA 00054 4 State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Diaw
Ohio Ct. App. · 2024 · confidence medium
Accordingly, a reviewing court should defer to the trial court’s factual No. 22AP-614 7 determinations when supported by “competent, credible evidence.” State v. Leak, 145 Ohio St.3d 165 , 2016-Ohio-154, ¶ 12 , citing Burnside at ¶ 8, citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Pierce (2×) also: Cited "see"
Ohio Ct. App. · 2024 · confidence medium
State v. Carrillo, 2023-Ohio-3264, ¶ 33 (5th Dist.) citing State v. Kay, 2022- Ohio-3538, ¶ 13 (5th Dist.), citing State v. Dunlap, 73 Ohio St.3d 308, 314 , 1995-Ohio- [Cite as State v. Pierce, 2024-Ohio-1560 .] 243; State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
discussed Cited as authority (rule) State v. Hayes
Ohio Ct. App. · 2023 · confidence medium
Thus, a reviewing court gives deference to and “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
cited Cited as authority (rule) State v. Pinckney
Ohio Ct. App. · 2023 · confidence medium
Thus, a reviewing court “must accept the trial court’s findings of fact if they are supported by competent, credible evidence.” Id., citing State v. Fanning, 1 Ohio St.3d 19, 20 (1982).
The State of Ohio
v.
Fanning
No. 81-679.
Ohio Supreme Court.
Jul 14, 1982.
437 N.E.2d 583
Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. LeonardKirschner and Mr. James Applegate, for appellee., Ms. Alma Yaros, for appellant.
Brown, Celebrezze, Holmes, Krupansky, Locher, Reilly, Sweeney, Tenth.
Cited by 2,042 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Ohio Court of Appeals (1)
Reilly, J.

Appellant advances three propositions of law:

1. “It is a denial of due process of law for a trial court to overrule a motion[*20] to suppress the in-court identification of the defendant and permit identification testimony, when the totality of the evidence establishes that the pre-trial, pre-line-up photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.”

2. “The provisions of Revised Code 2945.71 et seq. are applicable to retrials, and therefore, a continuance of thirty days beyond the time requirements of R.C. 2945.71 is unreasonable where the appellant is confined and the reason for the continuance is to reduce the likelihood of overlapping jurors.”

3. “A defendant in a state criminal trial has the right under the privilege against compulsory self-incrimination protected by the Fifth Amendment as made applicable to the states by the Fourteenth Amendment, upon request, to have the judge instruct the jury that the fact that the defendant did not testify cannot be considered for any purpose, the state trial judge having the constitutional obligation, upon proper request, to minimize the danger that the jury will give evidentiary weight to a defendant’s failure to testify.”

As to appellant’s first proposition of law, it is necessary to consider the totality of the circumstances surrounding the identification. State v. Jackson (1971), 26 Ohio St. 2d 74 [55 O.O. 2d 127], paragraph two of the syllabus. Moreover, it is fundamental that the weight of the evidence and credibility of witnesses are primarily for the trier of the facts. State v. DeHass (1967), 10 Ohio St. 2d 230 [39 O.O. 2d 366], paragraph one of the syllabus. This principle is applicable to suppression hearings as well as trials.

The trial court held that the appellant failed “*** to establish with sufficient preponderance here that there was any one-on-one confrontation prior to the lineup, ***.” This determination is supported by evidence presented at the hearing. The eyewitness and the officer both denied that such a confrontation occurred. The officer also denied that a picture was taken as claimed by appellant. Further, the record shows that the eyewitness had a brief but unobstructed view of his assailant at the time of the robbery. Therefore, noting that there was conflict in the testimony, applying “the totality of the circumstances” standard, we do not find error by the trial court in not finding the identification unduly suggestive. Thus, appellant’s first proposition of law is not well taken.

The issue presented in appellant’s second proposition of law is whether he was denied a speedy trial when a retrial, following a mistrial because of a hung jury, is scheduled 29 days after the trial date. R.C. 2945.71 requires that an accused who is in jail in lieu of bail on the pending charge be brought to trial within 90 days after arrest. Appellant’s first trial commenced 88 days after his arrest; the retrial began 120 days after arrest. R.C. 2945.72 provides that:

“The time within which an accused must be brought to trial, or, in the case of felony, to preliminary hearing and trial, may be extended only by the following:

(( * * *

[*21] “(H) The period of any continuance granted on the accused’s own motion, and the period of any reasonable continuance granted other than upon the accused’s own motion.”

The trial court correctly held that R.C. 2945.71 is. not applicable to retrials. It is noteworthy that the statute does not include any reference whatever to retrials. The standard to be applied, therefore, is basically reasonableness under federal and state constitutions. Considering the facts of this case, the 29-day continuance was reasonable. Thus, appellant’s second proposition of law is not well taken.

Finally, concerning appellant’s third proposition of law, the decision of the United States Supreme Court in Carter v. Kentucky (1981), 450 U.S. 288, is controlling in this case and would require reversal, if proper request for an instruction had been made to the trial court. In Carter, the United States Supreme Court held, at page 305, that a “trial judge has the constitutional obligation, upon proper request, to minimize the danger that the jury will give evidentiary weight to a defendant’s failure to testify,” and that a defendant has a right, under the privilege against compulsory self-incrimination guaranteed by the Fifth Amendment, to have the judge instruct the jury that defendant’s failure to testify cannot be considered for any purpose (id. at 300). Thus, based on this decision, the trial court has a mandatory constitutional duty, upon proper request, to give such a requested instruction.

Consequently, this court must overrule the determination in State v. Nelson (1973), 36 Ohio St. 2d 79 [65 O.O. 2d 222], paragraph three of the syllabus, wherein it was held that it was discretionary with the trial judge whether to instruct the jury on the defendant’s rights to elect not to testify. Since appellant’s case was pending on appeal at the time of the Carter decision, this court must apply the rule as announced in Carter. Linkletter v. Walker (1965), 381 U.S. 618, 639.

Nevertheless, Carter requires such an instruction only “upon proper request.” The record shows that appellant did not file a written special jury instruction request at the close of the evidence pursuant to Crim. R. 30. Since such a request must be in writing and made at the close of the evidence or at such earlier time as the court reasonably directs in order to be proper, appellant’s request was not proper. Therefore, appellant was not entitled to the requested special instruction under Carter, concerning the jury’s consideration of his failure to testify. Accordingly, appellant’s third proposition of law is not well taken.

For the foregoing reasons, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

W. Brown, Acting C.J., Sweeney, Locher, Holmes, C. Brown and Krupansky, JJ., concur. Reilly, J., of the Tenth Appellate District, sitting for Celebrezze, C.J.