State v. McKelvey’s Empirical Analysis

Citation profile

24 state decisions

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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Even if appellee had not filed for travel money himself when he carried other officials, he could not have accepted payment from more than one passenger because a public official cannot use his position for private profit. It is a well-worn, but no less true, statement of public policy that a public office is a public trust and a public official is a fiduciary. Crane Twp., ex rel. Stalter, v. Secoy, 103 Ohio St. 258 . It would be a violation of this duty to the citizens of the state for an official to use his public office for private gain. (See Section 325.02, Revised Code.) Although attendance at the meetings was not a required function of appellee’s job, it became an official aspect once appellee decided to go, and, like the constable who cannot collect a reward for successfully solving a criminal case (Somerset Bank v. Edmund, 76 Ohio St. 396 ), appellee cannot accept additional remuneration for this performance. While appellee was not employed by the county as a carrier, the opportunity to transport other officeholders came to him because of his public position. Appellee’s only choice here is whether or not to extend hospitality to would-be traveling companions. He is free to carry or not carry as he chooses, but he cannot utilize this occasion for private enrichment. Halliday v. Norfolk & Western Ry. Co., 44 Ohio Laws Abs. 208 .” State v. McKelvey (1967), 12 Ohio St. 2d 92, 95 (civil case in which the official was ordered to repay the misappropriated funds).”

   1 later decision quote this exact passage
   e.g. 70 Ohio App. 2d 171 - State v. Seneff