Case Citator › State v. Homan

State v. Homan

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

Superseded by statute
Court
Supreme Court of Ohio
Citation
89 Ohio St. 3d 421
Decided
Confirmed treatments
2
Flagged citations read
111 of 111
Citing cases (total)
644
Treatment dates
2002–2004
Superseded by statute
A reviewed court treats this case as superseded by later legislation. State v. Homan's strict-compliance holding for field-sobriety tests has been superseded by statute; all 111 flagged citations have been read, and the 2 confirmed treatments are listed below. Flowers v. City of Whitehall first declined to apply that holding retroactively or extend it to a civil Fourth Amendment action.
More on how this was screened

The Supreme Court of Ohio then recognized in State v. Schmitt that amended R.C. 4511.19 replaced strict compliance with substantial compliance for field-sobriety-test results. Later lower courts applied or reported that statutory displacement and are not duplicated as separate treatments. Homan's separate speedy-trial holding was not adversely treated in the reviewed opinions.

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.

644 later cases cite State v. Homan; 111 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. Homan?

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

Superseded by Statute

  • The Supreme Court of Ohio recognized that amended R.C. 4511.19 displaced Homan's strict-compliance requirement for field-sobriety-test results by permitting results from tests administered in substantial compliance with testing standards.

    State v. Schmitt · Supreme Court of Ohio · filed

    {¶ 9} Since our decision in Homan, the General Assembly has amended R.C. 4511.19.1 Under the amended statute, the arresting officer no longer needs to have administered field sobriety tests in strict compliance with testing standards for the test results to be admissible at trial. Instead, an officer may now testify concerning the results of a field sobriety test administered in substantial compliance with the testing standards. Id. Consequently, we recognize that this portion of our decision will have limited applicability.
    Read the full opinion on CourtListener →

Limited

  • The Tenth District declined to apply Homan retroactively to pre-Homan events or extend its criminal strict-compliance rule to a civil Fourth Amendment action.

    Flowers v. City of Whitehall · Ohio Court of Appeals, Tenth District · filed

    Under the second assignment of error, plaintiff contends that the trial court erred in failing to give a jury instruction based upon the Ohio Supreme Court's decision in State v. Homan (2000), 89 Ohio St.3d 421. In Homan, the court held that field sobriety tests not conducted in strict compliance with standardized testing procedures should be suppressed. Homan, however, was decided on August 16, 2000, subsequent to the events in this case. Further, Homan involved a criminal prosecution, and we agree with defendant's contention that a heightened standard of strict liability, as would apply in a criminal context, is inapplicable to the facts of this case. Thus, we find that the trial court did not err in failing to give the requested instruction.
    Read the full opinion on CourtListener →

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