Case Citator › State v. Thomas

State v. Thomas

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

Overruled in part
Court
Supreme Court of Ohio
Citation
61 Ohio St. 2d 254
Decided
Confirmed treatments
3
Flagged citations read
32 of 32
Citing cases (total)
32
Treatment dates
1983–2015
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Thomas was overruled in part on whether denial of a double jeopardy motion could be appealed immediately under the Ohio statute then in force. The legislature later expanded that statute, and the Supreme Court of Ohio again allowed an immediate appeal under the amended text in State v. Anderson.
More on how this was screened

Thomas's separate holding allowing a homicide prosecution when the victim dies after the first trial continues to be applied. All 32 flagged citations have been read; the three confirmed treatments are 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.

32 later cases cite State v. Thomas; 32 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. Thomas?

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 Supreme Court of Ohio overruled Thomas's holding that denial of a motion to dismiss on double jeopardy grounds was a final appealable order under the statutes then in force.

    State v. Crago · Supreme Court of Ohio · filed

    We find, however, that paragraph one of the syllabus in Thomas is incorrect and it is, therefore, overruled.
    Read the full opinion on CourtListener →

Limited

  • An Ohio appellate court declined to extend Thomas's immediate appeal rule from double jeopardy motions to a speedy trial motion.

    City of Middletown v. Jackson · Ohio Court of Appeals, Twelfth District · filed

    This court is aware of State v. Thomas (1980), 61 Ohio St. 2d 254 [15 O.O.3d 262], certiorari denied (1980), 449 U.S. 852, which held that the overruling of a motion to dismiss based upon double jeopardy is a final appealable order. We decline to extend Thomas to allow an interlocutory appeal in the case sub judice.
    Read the full opinion on CourtListener →

Questioned

  • An Ohio appellate court questioned whether the double jeopardy exception Thomas had cited for relitigation of factual issues remained viable after later decisions.

    State v. Bridges · Ohio Court of Appeals, Tenth District · filed

    The Supreme Court of Ohio cited this exception in at least two decisions, State v. Thomas, 61 Ohio St.2d 254 (1990), paragraph four of the syllabus, and State v. Tolbert, 60 Ohio St.3d 89, 91 (1991). Although some courts have recently cited this exception (see, e.g., State v. Edwards, 8th Dist. No. 94568, 2011-Ohio-95, ¶ 19), a review of subsequent decisions from the United States Supreme Court and the Supreme Court of Ohio casts doubt upon its continued viability.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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