162 Ohio App. 3d 353 - State v. Kerby’s Empirical Analysis
2005
Citation profile
2 federal appellate · 31 state decisions
How this case has been cited
Cited by 35 later decisions — most recently June 2024 · most notably State v. Gonzalez (2011), State v. Szpyrka (2008)
2 federal appellate · 31 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 Strickland v. Washington · Miranda v. State of Arizona Vignera · Blakely v. Washington · Edwards v. Arizona · Rhode Island v. Innis
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The fact that Blakely was not decided until after Defendant’s sentencing hearing took place is not significant because the issues reviewed in Blakely were previously reviewed many times by the United States Supreme Court and other federal and state courts.... The issue Defendant is now attempting to raise on appeal under Blakely is essentially the same constitutional argument raised in Apprendi This Sixth Amendment contention clearly could have been raised by Defendant in the trial court below.... We will not address this constitutional challenge to Ohio’s felony sentencing scheme which is being raised for the first time on appeal.”
1 later decision quote this exact passage“Defendant was indicted on multiple offenses on December 26, 2001. The Clark County Public Defender was appointed to represent him. The court set a trial date of February 13, 2002. Several days later defense counsel moved for a continuance. The motion was heard on February 5, 2002. At that hearing, Defendant also waived his speedy trial rights. The trial court subsequently set a new trial date of September 3, 2002. {¶ 9}”
1 later decision quote this exact passage“Defendant, William Kerby, was arrested on December 13, 2001, on suspicion of committing the armed robbery and the other crimes arising from it. One of the other suspects arrested was Defendant's brother, Carlos Kerby. The third was Jawhan Massey. {¶ 5}”
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.