2 Ohio App. 3d 465 - State v. Winkelman’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We find that, in order to obtain a conviction under R.C. 2923.13(A)(2), when the disability stems solely from 'prior indictment for a felony of violence, the state must prove that the defendant had been given notice of his status as a member of a restricted class under R.C. 2923.13. The burden is not great, as the arraigning judge could easily incorporate such notice into his general instructions at the time of arraignment. Likewise, such notice could accompany the service of the indictment itself. “Without such a requirement, it would be possible for an indictment to be outstanding against an individual without his knowledge. Thus, before even being served with the indictment, such person would already be under disability and subject to the penalties of R.C. 2923.13. * * *” (Emphasis sic.) Id. at 469 , 2 OBR at 566, 442 N.E. 2d at 816 .”

   1 later decision quote this exact passage · from the majority
   e.g. 39 Ohio App. 3d 24 - State v. Smith

2. ““(A) Unless relieved from disability as provided in section 2923.14, of the Revised Code, no person shall knowingly acquire, have, carry or use any firearm or dangerous ordinance, if any of the following apply: a :¡t * * “(2) Such person is under indictment for * * * any felony of violence * * *.””

   1 later decision quote this exact passage · from the majority
   e.g. 99 Ohio App. 3d 530 - State v. Hayes