(A) As used in Chapters 2931. to 2953. of the Revised Code, "magistrate" includes county court judges, police justices, mayors of municipal corporation, and judges of other courts inferior to the court of common pleas.
(B) As used in Chapters 2931. to 2953., except sections 2933.21 to 2933.33, of the Revised Code:
(1) "Judge" does not include the probate judge.
(2) "Court" does not include the probate court.
(3) "Clerk" does not include the clerk of the probate court.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1962–2025 · leading case: State v. Bays, 716 N.E.2d 1126 (Ohio 1999).
State v. Bays, 716 N.E.2d 1126 (Ohio 1999). · cites it 3ד(2) Bays claims that his counsel should have objected to the presence of a probate judge on the panel, based on R.C. 2931.01. However, State v. Cotton, supra, 56 Ohio St.”
State v. Bays, 87 Ohio St. 3d 15 (1999). · cites it 3דJells, supra, 53 Ohio St.3d at 25-26 , 559 N.E.2d at 468 .”
State v. Brown, 28 N.E.3d 81 (Ohio 2015). · cites it 2ד” And R.C. 2931.01 provides, “As used in Chapters 2931 to 2953 of the Revised Code: * * * (B) ‘Judge’ does not include the probate judge [and] (C) ‘Court’ does not include the probate court.”
State ex rel. Key v. Spicer, 746 N.E.2d 1119 (Ohio 2001). “In the absence of a patent and unambiguous lack of jurisdiction, a court having general subject-matter jurisdiction can determine its own jurisdiction, and a party challenging that jurisdiction has an adequate remedy at law by appeal.”
State v. Brown, 2013-Ohio-2224. · cites it 18ד2012CA00099 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Gervin, 2016-Ohio-5670. “41(A)(1) which states, “A search warrant authorized by this rule may be issued by a judge of a court of record to search and seize property located within the court's territorial jurisdiction;” and R.C. 2931.01 which provides, “As used in Chapters 2931 to 2953 of the Revised…”
State v. Newman, 2017-Ohio-4047, 90 N.E.3d 1278. · cites it 4ד33 , of the Revised Code : (1) "Judge" does not include the probate judge.”
State v. Tolbert, 2015-Ohio-4733. · cites it 4דBut R.C. 2931.01 provides that “(B) ‘Judge’ does not include the probate judge” and “(C) ‘Court’ does not include the probate court.”
State v. Kithcart, 2013-Ohio-3022. · cites it 7דAlthough this writer dissented and found a Probate Judge had the authority to issue search warrants, the majority opinion clearly found only a "judge" can issue a warrant at ¶ 18-19: R.C. 2931.01 (B) and (C) became effective January 1, 1976, nearly eight years after the 1968 and…”
State ex rel. Wellington v. Kobly, 858 N.E.2d 798 (Ohio 2006). “04 (“Sections 2931.01 to 2931.03, inclusive, of the Revised Code, do not affect, modify, or limit the jurisdiction of municipal courts”).”
State v. McCloude, 2013-Ohio-2226. · cites it 18ד2012CA00101 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Shipley, 2013-Ohio-2225. · cites it 18ד2012CA00100 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Kithcart, 2013-Ohio-3022. “Although this writer dissented and found a Probate Judge had the authority to issue search warrants, the majority opinion clearly found only a "judge" can issue a warrant at ¶ 18-19: R.C. 2931.01 (B) and (C) became effective January 1, 1976, nearly eight years after the 1968 and…”
Ohio Rev. Code § 2931.01(B): 8 cases
State v. Bays, 716 N.E.2d 1126 (Ohio 1999). “(2) Bays claims that his counsel should have objected to the presence of a probate judge on the panel, based on R.C. 2931.01. However, State v. Cotton, supra, 56 Ohio St.”
State v. Bays, 87 Ohio St. 3d 15 (1999). “Jells, supra, 53 Ohio St.3d at 25-26 , 559 N.E.2d at 468 .”
State v. Brown, 2013-Ohio-2224. “2012CA00099 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Newman, 2017-Ohio-4047, 90 N.E.3d 1278. “33 , of the Revised Code : (1) "Judge" does not include the probate judge.”
State v. Kithcart, 2013-Ohio-3022. “Although this writer dissented and found a Probate Judge had the authority to issue search warrants, the majority opinion clearly found only a "judge" can issue a warrant at ¶ 18-19: R.C. 2931.01 (B) and (C) became effective January 1, 1976, nearly eight years after the 1968 and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.