13 Ohio App. 3d 98 - State v. Prater’s Empirical Analysis
1983
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently June 2021
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 Davis v. Alaska · State v. Long · Bowsher v. Merck & Co. · State v. Moritz · United States v. Meacham
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.
““(A) When the presence of one or more additional elements makes an offense one of more serious degree: “(1) The affidavit, complaint, indictment, or information either shall state the degree of the offense which the accused is alleged to have committed, or shall allege such additional element or elements. Otherwise such affidavit, complaint, indictment, or information is effective to charge only the least degree of the offense. “(2) A guilty verdict shall state either the degree of the offense of which the offender is found guilty, or that such additional element or elements are present. Otherwise, a guilty verdict constitutes a finding of guilty of the least degree of the offense charged. “(B) Whenever in any case it is necessary to prove a prior conviction, a certified copy of the entry of judgment in such prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the case at bar, is sufficient to prove such prior conviction.””
1 later decision quote this exact passage““A jury’s verdict finding the defendant guilty of gross sexual imposition, a violation of R.C. 2907.05, which fails to specify the presence of the additional element of the victim’s age, as further specified in R.C. 2907.05(A)(3), or the degree, as required by R.C. 2945.75(A) (2), constitutes a finding of guilt on the least degree of that offense, a fourth degree felony. The jury’s failure so to specify the victim’s age in its guilty verdict means that the defendant can be sentenced for a fourth degree felony only. (R.C. 2945.75[A][2], construed and applied.)” Id. at the syllabus.”
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.