Case Citator › State v. Wiles

State v. Wiles

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

Questioned by some courts
Court
Supreme Court of Ohio
Citation
59 Ohio St. 3d 71
Decided
Confirmed treatments
1
Flagged citations read
51 of 51
Citing cases (total)
51
Treatment dates
2017
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. State v. Wiles has been questioned on one sentencing rule: all 51 flagged citations have been read, and the confirmed treatment is listed below. State v. Oller doubted whether a sentencing judge may rely on facts tied to charges of which the defendant was acquitted after Apprendi v. New Jersey, but did not decide the issue.
More on how this was screened

Other courts continued to apply Wiles's rules on discovery, evidence, confessions, sentencing, and appellate review.

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.

51 later cases cite State v. Wiles; 51 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. Wiles?

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

Questioned

  • The Ohio Court of Appeals questioned whether Wiles's rule permitting consideration of facts tied to acquitted charges at sentencing remains valid after Apprendi, but left the issue unresolved.

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

    It is true, as the State points out, that some cases in Ohio have stated that "a sentencing judge may take into account facts introduced at trial relating to other charges, even ones of which the defendant has been acquitted." State v. Wiles, 59 Ohio St.3d 71, 78 (1991); State v. Raver, 10th Dist. No. 02AP-604, 2003-Ohio-958, ¶ 33. However, most cases stating this principle either predate or ignore Apprendi and its progeny. ... In short, the continuing validity of this principle is open to some doubt.
    Read the full opinion on CourtListener →

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