Case Citator › State v. Grimes (Slip Opinion)

State v. Grimes (Slip Opinion)

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

Overruled in part
Court
Supreme Court of Ohio
Citation
2017 Ohio 2927
Decided
Confirmed treatments
1
Flagged citations read
31 of 31
Citing cases (total)
31
Treatment dates
2020
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Grimes was overruled in part on whether a defect in postrelease control notice makes a sentence void: all 31 flagged citations have been read, and the confirmed treatment is listed below. The Supreme Court of Ohio held in State v. Harper that a defendant must ordinarily raise such an error on direct appeal and cannot use it for a later collateral attack.
More on how this was screened

Grimes's rule requiring notice in the sentencing entry continues to be applied.

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.

31 later cases cite State v. Grimes (Slip Opinion); 31 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. Grimes (Slip Opinion)?

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

Overruled in part

  • The Ohio Supreme Court rejected the premise that failure to include the notice required by Grimes renders a sentence void and open to collateral attack; such an error makes the sentence voidable.

    State v. Harper (Slip Opinion) · Supreme Court of Ohio · filed

    Accordingly, we reject the notion that the failure to incorporate a notice of the consequences of a violation of postrelease control in the sentencing entry as required by Grimes renders the sentence void to the extent that it does not properly impose postrelease control.
    Read the full opinion on CourtListener →

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