49 Ohio App. 2d 231 - State v. Durham’s Empirical Analysis
1976
Citation profile
29 state decisions
How this case has been cited
Cited by 30 later decisions — most recently October 2023 · most notably 51 Ohio App. 3d 31 - State v. Strobel (1988), 90 Ohio App. 3d 674 - State v. Brown (1993)
29 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 State v. Young · State v. Butler · Buckingham v. Smith · 27 Ohio App. 2d 55 - State v. Cantu · 5 Ohio App. 2d 179 - State v. Creech
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“probability or improbability of actual occupancy which in fact exists at the time of the offense, determined by all the facts surrounding the occupancy.”
2 later decisions quote this exact passage““(A) No person, by force, stealth, or deception, shall trespass in an occupied structure, as defined in section 2909.01 of the Revised Code, or in a separately secured or separately occupied portion thereof, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony, when any of the following apply: * * “(3) The occupied structure involved is the permanent or temporary habitation of any person, in which at the time any person is present or likely to be present.””
1 later decision quote this exact passage““Where an indictment charges two or more distinct offenses, even if improperly joined, the exercise of authority to compel the prosecutor to make an election rests in the sound discretion of the court, to be exercised in the promotion of justice and upon good cause shown, and it is the policy of reviewing courts to permit a rather wide range in this respect. Unless the discretion has been exercised to the manifest injury of the accused, there is no error.” (Emphasis added.)”
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.