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← 128 Ohio Misc. 2d 24 - State v. Nutter

128 Ohio Misc. 2d 24 - State v. Nutter’s Empirical Analysis

2004

Citation profile

10
cited by 10 later decisions
1
states following
June 2006
most recently cited

10 state decisions

Relationships

Relies on State v. Homan · State v. Schmitt · State v. Vega · State v. Bresson · 63 Ohio App. 3d 79 - State v. Woodring

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

  1. “`[T]he express terms of Evid.R. 101(C)(1) specifically provide that the Rules of Evidence do not apply to determinations prerequisite to rulings on the admissibility of evidence when the issue is to be determined by the court under Evid.R. 104. Evid.R. 104(A) provides that preliminary questions concerning the admissibility of evidence shall be determined by the court, and in making its determination, it is not bound by the Rules of Evidence except those with respect to privileges. Thus, by its own terms, the Ohio Rules of Evidence are not applicable in suppression hearings. State v. Woodring (1989), 63 Ohio App.3d 79 . Since the Rules of Evidence do not apply in suppression hearings in the first place, R.C. 4511.19 (D)(4)(b) cannot be in conflict with any Evidence Rule in a motion to suppress context.”
    1 later decision quote this exact passage
  2. “(iii) If testimony is presented or evidence is introduced under division (D)(4)(b)(i) or (ii) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.”
    1 later decision quote this exact passage
  3. “the arresting officer no longer needs to have administered field sobriety tests in strict compliance with testing standards for the test results to be admissible at trial.”
    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.