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People in re S.L. and A.L
⭐ 1,003 citedThe Rio Blanco County Department of Human Services (Department) became involved with the parents in this case as a result of concerns about the children's welfare due to the condition of the family ho...
v. McRae
⭐ 431 citedIn this case and two companion cases, the Supreme Court considered multiple issues that lie at the intersection of proportionality review and habitual criminal punishment. Consistent with Wells-Yates ...
State v. Messenger
⭐ 290 citedCriminal law—R.C. 2901.05—Affirmative defenses—Self-defense—Burden of production and burden of persuasion—Defendant has burden of production regarding self-defense claim and must produce legally suffi...
Lauderdale v. Texas Department of Criminal Justice, Institutional Division
⭐ 268 citedState v. Gwynne
⭐ 202 citedCriminal law—Sentencing—R.C. 2929.14(C)(4)—Consecutive-sentence findings—R.C. 2953.08(G)(2)—Appellate review of consecutive sentences—Motion for reconsideration granted and court of appeals' judgment ...
State v. Banks
⭐ 172 citedConsecutive sentences R.C. 2929.14(C) findings. Defendant was convicted of four felony offenses aggravated assault, abduction, theft, and menacing by stalking, and a misdemeanor offense of cruelty aga...
State v. Bishop (Slip Opinion)
⭐ 170 citedCriminal law—Plea hearings—Crim.R. 11(C)(2)(A)—A trial court must advise a criminal defendant on postrelease control for a prior felony, during plea hearing in a new felony case, of trial court's auth...
Mayfield v. Texas Department of Criminal Justice
⭐ 156 citedState v. Gwynne (Slip Opinion)
⭐ 154 citedCriminal law—State forfeits the right to argue that a court of appeals is barred from reviewing a sentencing appeal when the state does not timely invoke a defendant's appeal waiver—R.C. 2929.11 and 2...
State v. Gwynne
⭐ 138 citedCriminal law—Sentencing—R.C.2929.14(C)(4)—Consecutive-sentence findings are not simply threshold findings that, once made, permit any amount of consecutively stacked individual sentences—Consecutive-s...
State v. Bailey
⭐ 134 citedCriminal law—R.C. 2941.25—Plain-error doctrine—A defendant who fails to preserve the issue of merger of allied offenses under R.C. 2941.25 by raising an objection in the trial court forfeits all but p...
E-A-G
⭐ 116 citedE-A-G-, 24 I&N Dec. 591 (BIA 2008) ID 3618 (PDF) (1) The respondent, a young Honduran male, failed to establish that he was a member of a particular social group of "persons resistant to gang membersh...
Moussazadeh v. Texas Department of Criminal Justice
⭐ 97 citedVELAZQUEZ-HERRERA
⭐ 88 citedVELAZQUEZ-HERRERA, 24 I&N Dec. 503 (BIA 2008) ID 3610 (PDF) (1) For purposes of the ground of removal set forth at section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)...
TUCKER v. THE COCHRAN FIRM-CRIMINAL DEFENSE BIRMINGHAM L.L.C.
⭐ 74 citedState v. Wintermeyer (Slip Opinion)
⭐ 71 citedCriminal law—Fourth Amendment—When the state does not assert in the trial court that a defendant lacks Fourth Amendment standing to challenge a contested search or seizure, the state may not assert th...
State v. Hawkins (Slip Opinion)
⭐ 68 citedWhen an officer encounters a vehicle the whole of which is painted a different color from the color listed in the vehicle-registration records and the officer believes, based on his experience, that t...
State v. Gonzales
⭐ 66 citedUnder N.D.C.C. § 12.1-32-08, a district court may enter restitution for damages or expenses sustained by a victim that are immediate, intimate, causally connected and directly related to the criminal ...
State v. Barnes
⭐ 61 citedCriminal law—Crim.R. 32.1—A presentence motion to withdraw a guilty plea should be freely and liberally granted—The determination whether there is a reasonable and legitimate basis for a defendant's r...
State v. Bunch
⭐ 59 citedCriminal law—R.C. 2953.21—Postconviction-relief petitions—Evidentiary hearing—Ineffective assistance of counsel—Eyewitness-identification expert testimony—When core of a defendant's claim or defense t...
State v. Hill
⭐ 57 citedCriminal law—Abuse of discretion—Crim.R. 11—Trial court abused its discretion by denying defendant's request to enter a no-contest plea based on trial court's own review of the appealable issues—Judgm...
State v. Bollar
⭐ 50 citedCriminal law—R.C. 2929.14(B)(1)(g)—R.C. 2941.25(A)—R.C. 2929.14(B)(1)(g) permits imposing prison sentences for multiple firearm specifications attached to felonies committed as part of the same act or...
State v. Brunson
⭐ 42 citedCriminal law—Waiver of attorney-client privilege—Sixth Amendment right to confrontation—R.C. 2929.12(D)(5)—Fifth Amendment right to remain silent—Codefendant who became a state witness pursuant to pro...
State of Tennessee v. Jonathan David Patterson
⭐ 42 citedWe granted this appeal to determine what showing, if any, a defendant must make to prevail on a motion for reduction of sentence under Rule 35 of the Tennessee Rules of Criminal Procedure, where the d...
State v. Yerkey
⭐ 37 citedMarsy's Law, Article I, Section 10a of the Ohio Constitution—Restitution—R.C. 2929.18(A)(1)—Statutory meaning of restitution was not altered or expanded by Marsy's Law—Wages lost by crime victim as a ...