152 Ohio App. 3d 629 - State v. Condon’s Empirical Analysis

Citation profile

56 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Consistent with the purposes and principles of felony sentencing, * * * the phrase 'position of trust' under [the statute] applies only to private individuals in professions 'traditionally thought to invoke a special relationship of trust - such as a doctor, lawyer or accountant.'”

   3 later decisions quote this exact passage · from the concurrence
   e.g. State v. Geraci, Unpublished Decision (11-18-2004) · State v. Garrett

2. “The evidence presented at trial was sufficient to establish that Condon took the photographs of Richardson, Folchi, Brady, Melton, Senteney, Frith, Beckman, and Sowards at the morgue and had them developed in print or negative format. Direct evidence was presented that Condon took photographs of Folchi and Brady. Indirect evidence further established that Condon took the photographs of Richardson, Melton, Senteney, Frith, Beckman, and Sowards. Sufficient testimony was also presented that Condon took the photographs without authorization from the coroner’s office. Parrot testified that Condon was never given permission to pursue his “life cycles” project. Both Parrott and Daly testified that Condon only had permission to come into the morgue on two occasions-once to view the space and once to view an autopsy for the purpose of developing an estimate for the coroner’s office on the instructional video. Parrott testified that Condon was given only limited access to the morgue. Con-don’s access to the morgue was supposed to be used for establishing an estimate of how much it would cost to film an autopsy-training video that was to be used by the coroner’s office for educational purposes. With respect to the photographs of Brady, the evidence established that Condon was given permission to view, videotape, and photograph Brady’s autopsy on August 16, 2000. Condon did not, however, have permission to photograph Brady for artistic purposes or his personal use, as was suggested by th”

   1 later decision quote this exact passage · from the concurrence
   e.g. Condon v. Wolfe

3. “The Ohio Court of Appeals noted that this was not an example of merely photographing dead bodies, an act protected by the First and Fourteenth Amendments. Condon, 789 N.E.2d at 705-06 . Here, however, the corpses were not in a place open to public inspection. A morgue is not a lending library or a museum. It is a place of private repose, not of public display. The public expects those in charge to ensure that the bodies of their loved ones are not unnecessarily disturbed or gratuitously handled or examined. Condon did not merely document photographically what the public was free to see, but instead entered the morgue without permission and took pictures of what the public was not allowed to see. Some of the bodies he even manipulated and posed with props for the sake of his artistic enterprise. And, finally, it should be emphasized that we are not concerned with the act of merely having pictures of corpses in one’s possession. An art museum or gallery does not, for example, abuse a corpse by hanging a picture of it for public display, no matter how grisly or offensive the image. This case is about the manner in which Condon took the photographs, and his treatment of the corpses in doing so; it is no way a prosecution based upon the message he sought to express.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Condon v. Wolfe