8 Ohio App. 3d 12 - State v. Morris’s Empirical Analysis

Citation profile

11 federal appellate · 4 district · 61 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The trial judge’s decision to convict defendant of a crime that was not charged in the indictment, and was not a lesser included offense of that charge, was a substantive change in an indictment which was prejudicial to defendant. The safeguards of Crim.R. 7(D) were not met. The trial judge’s decision to convict defendant of the lesser unincluded offense [aggravated menacing] constituted an acquittal on the original felonious assault charge. Conviction for aggravated menacing was not permitted, so that conviction is reversed, and that portion of the judgment is vacated.” (Footnote omitted.)”

   2 later decisions quote this exact passage
   e.g. 61 Ohio App. 3d 693 - State v. Johnson · 21 Ohio App. 3d 300 - State v. Striley

2. “In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such waiver by a defendant, [sic] shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof.”

   2 later decisions quote this exact passage
   e.g. Lott v. Coyle · Haliym v. Mitchell

3. “"In essence^ defendant contends that the procedures set forth in Crim. R. 23(A) band R.C. 2945.05, and the questions asked by this trial judge, did not demonstrate a knowing, intelligent and voluntary waiver. "A waiver of defendant's right to a jury trial that is signed by defense counsel and filed before trial is not effective, unless the record shows that the defendant was advised of his right to a jury trial, understood that right, and intelligently and voluntarily waived that right. State v. Kehoe (1978), 59 Ohio App. 2d 315 , [13 O.O.3rd 328]. This court has held that a written waiver signed by the defendant prior to trial and followed by a one sentence inquiry by the trial judge is sufficient to insure defendant's rights. State v. Johnson (March 5, 1981), Cuyahoga App. No. 42722, unreported. "While the trial court may pursue a detailed examination of the defendant to satisfy itself that the defendant is fully apprised by his right to a jury trial, such an extended interrogation is not required. The Criminal Rule and the Revised Code are satisfied by a writing signed by the defendant himself and filed with the court. Unlike some jurisdiction^ Ohio does not require that the court personally inform the defendant of this right or make direct inquiry of the defendant as to the voluntariness of his waiver." (Emphasis in original.)”

   1 later decision quote this exact passage
   e.g. 5 Ohio App. Unrep. 183 - State v. D'Ambrosio