16 Ohio App. 3d 384 - State v. Owen’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Pursuant to this provision [R.C. 2945.67(A)], we hold that the state may appeal, with leave of court, any other decision of the trial court in a criminal matter except the final verdict. In so holding, we find it necessary to reconsider this court’s decision in Northwood v. Volschow (1980), 68 Ohio App. 2d 187 [22 0.0.3d 283]. In that case, this court held, as summarized in the syllabus, as follows: “ T. R.C. 2945.67, effective November 1, 1978 (137 Ohio Laws 3897-3898), permits the prosecuting attorney, village solicitor, city director of law or the attorney general to appeal, either as a matter of right or by leave of court, certain decisions of a trial court in a criminal case, except the final verdict of the trial court. [Emphasis sic.] “ ‘2. A judgment of acquittal is a “final verdict,” and a municipality may not appeal such a decision pursuant to R.C. 2945.67.’ “Although we find the foregoing to be a correct statement of the law, a careful review of the opinion reveals that the court further held, at 188, that: “ ‘At this time, R.C. 2945.67 permits appeal by a municipality, except where a “final verdict” has been entered. In the present case, the trial court entered a “final verdict” (a judgment of acquittal) after hearing all the evidence. Under these circumstances, no appeal by the municipality may be taken. * * *’ (Emphasis added, and citations omitted.) “Upon consideration of the foregoing, we hereby overrule the foregoing portion of this court’s decision in Northw”

   1 later decision quote this exact passage
   e.g. 17 Ohio App. 3d 179 - State v. Ulrich

2. “(A) A prosecuting attorney, village solicitor, city director of law, or the attorney general may appeal as a matter or [of] right any decision of a trial court in a criminal case, or any decision of a juvenile court in a delinquency case, which decision grants a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion for the return of seized property or grants post conviction relief pursuant to sections 2953.21 to 2953.24 of the Revised Code, and may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case or of the juvenile court in a delinquency case***[.]”

   1 later decision quote this exact passage
   e.g. State v. Wash