Case Citator › State v. Underwood

State v. Underwood

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of Ohio
Citation
2010 Ohio 1
Decided
Confirmed treatments
1
Flagged citations read
61 of 61
Citing cases (total)
61
Treatment dates
2013
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. State v. Underwood remains controlling for direct appeals of agreed sentences, but its ruling on allied offenses was held unavailable to reopen an already final conviction. All 61 flagged citations have been read.
More on how this was screened

The one confirmed limit is listed below; the other citing opinions generally applied Underwood or used nearby overruling language for assignments of error and other decisions.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

61 later cases cite State v. Underwood; 61 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Underwood?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The court held that Underwood's merger ruling did not apply retroactively to a conviction that became final before Underwood was decided.

    State v. Sturdivant · Ohio Court of Appeals, Eighth District · filed

    The more recent developments in Ohio’s jurisprudence concerning merger of allied offenses of similar import cannot be applied retroactively to appellant. ... His conviction was final upon the United States Supreme Court’s denial of certiorari in 2007, well before the Ohio Supreme Court announced its decisions in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and Underwood, 124 Ohio St.3d 365, 2010-Ohio-1, 922 N.E.2d 923. Accordingly, appellant’s arguments are barred by res judicata.
    Read the full opinion on CourtListener →

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