Case Citator › State v. Marcum

State v. Marcum

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

Limited by some courts
Court
Supreme Court of Ohio
Citation
146 Ohio St. 3d 516
Decided
Confirmed treatments
1
Flagged citations read
187 of 187
Citing cases (total)
2,307
Treatment dates
2020
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. Marcum has limited treatment: all 187 flagged citations have been read, and the 1 confirmed treatment is listed below.
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.

2,307 later cases cite State v. Marcum; 187 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. Marcum?

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 Supreme Court of Ohio confined Marcum's paragraph 23 statements about reviewing record support under R.C. 2929.11 and 2929.12 to nonbinding dicta.

    State v. Jones · Supreme Court of Ohio · filed

    The statements in Marcum at ¶ 23 suggesting that it would be “fully consistent” with R.C. 2953.08(G) for an appellate court to modify or vacate a sentence when the record does not support the sentence under R.C. 2929.11 or 2929.12 were made only in passing and were not essential to this court’s legal holding. The statements are therefore dicta.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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