Case Citator › State v. Jenks

State v. Jenks

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. 3d 259
Decided
Confirmed treatments
2
Flagged citations read
642 of 642
Citing cases (total)
11,342
Treatment dates
1997
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Jenks is overruled in part: all 642 flagged citations have been read, with the 2 confirmed treatments listed below. State v. Thompkins displaced Jenks's use of the same review test for sufficiency and manifest weight while preserving its Jackson sufficiency standard.
More on how this was screened

State v. Smith separately recognized that Ohio's Issue I constitutional amendments mooted Jenks's restriction on weight review in direct capital appeals. The other reviewed opinions applied Jenks, reported Jenks's own overruling of State v. Kulig, repeated later history parentheticals, or used nearby adverse language for unrelated holdings and assignments of error.

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.

11,342 later cases cite State v. Jenks; 642 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. Jenks?

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 displaced Jenks's statement that sufficiency and manifest-weight review use the same test, holding that the two concepts are quantitatively and qualitatively different while retaining Jenks's Jackson sufficiency standard.

    State v. Thompkins · Supreme Court of Ohio · filed

    The legal concepts of sufficiency of the evidence and weight of the evidence are both quantitatively and qualitatively different. ... Today’s case signals our appellate courts that it is improper to apply the same standard of review for questions involving the weight and sufficiency of evidence in reliance on State v. Jenks (1991), 61 Ohio St.3d 259, 273, 574 N.E.2d 492, 503. ... Accordingly, application of the test set forth in the second paragraph of the syllabus in Jenks, supra, is proper.
    Read the full opinion on CourtListener →

Limited

  • The Supreme Court of Ohio recognized that Ohio's Issue I constitutional amendments displaced Jenks's restriction on that court's review of weight-of-evidence claims in direct capital appeals.

    State v. Smith · Supreme Court of Ohio · filed

    However, we have also held that we may not review weight-of-the-evidence claims. See State v. Shoemaker (1996), 74 Ohio St.3d 664, 664-665, 660 N.E.2d 1197, 1198-1199; State v. Eley (1996), 77 Ohio St.3d 174, 180, 672 N.E.2d 640, 648; State v. Waddy (1992), 63 Ohio St.3d 424, 432, 588 N.E.2d 819, 827; State v. Jenks (1991), 61 Ohio St.3d 259, 263, 574 N.E.2d 492, 496; State v. Powell (1990), 49 Ohio St.3d 255, 260, 552 N.E.2d 191, 197; State v. Cooey (1989), 46 Ohio St.3d 20, 26, 544 N.E.2d 895, 905-906. Those issues are now mooted by the passage of the Issue I amendments to the Ohio Constitution.
    Read the full opinion on CourtListener →

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