118 Ohio App. 3d 659 - State v. Brasch’s Empirical Analysis
1997
Citation profile
10 state decisions
How this case has been cited
Cited by 14 later decisions — most recently January 2015
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on City of Pepper Pike v. Doe · Barker v. State · 33 Ohio App. 3d 224 - In Re Miller · 64 Ohio App. 2d 141 - State v. Thomas · 20 Ohio App. 3d 244 - Demianczuk v. Demianczuk
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As stated earlier in this opinion, however, the equities in this case weigh heavily in appellant’s favor. The record is replete with evidence of appellant’s remarkable achievements both in his personal and professional life. Appellant has more than demonstrated that he is deserving of a fresh start. Unfortunately, state law precludes us from equitable consideration if a prior conviction has been demonstrated. The frustration of the courts in situations such as this one was noted in a recent ease before the First District Court of Appeals, where Judge Marianna Brown Bettman expressed the hope that “the legislature will consider amending the expungement statute to give our trial judges discretion in the granting of expungements. * * * [C]ertain defendants who do not technically meet the present definition of first offenders would clearly benefit from the statute’s remedial purpose, and our trial judges, who are in the best position to make this decision, are handcuffed by the present law. “In Barker v. State (1980), 62 Ohio St.2d 35, 41 , 16 O.O.3d 22, 25-26 , 402 N.E.2d 550, 554-555 , the Ohio Supreme Court wrote that the purpose of the expungement statute ‘is to provide remedial relief to qualified offenders in order to facilitate the prompt transition of these individuals into meaningful and productive roles.’ * * * That purpose * * * is to encourage those who have committed crimes, who have been appropriately punished, and who have been properly rehabilitated to get on with”
1 later decision quote this exact passage“Except as provided in section 2953.61 of the Revised Code, a first offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing of the conviction record. Application may be made at the expiration of three years after the offender's final discharge if convicted of a felony, or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor.”
1 later decision quote this exact passage“limited to the rare case where the accused can demonstrate unusual and exceptional circumstances.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.