State v. Colon
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Before Horner, the Ohio Supreme Court confined Colon's structural error rule and made it prospective only; an Ohio appellate court also declined to extend it to guilty pleas. Those treatments are listed below.
49 later cases cite State v. Colon; 49 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. Colon?
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
Limited
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On reconsideration, the Ohio Supreme Court made Colon's rule prospective only and confined structural error review to rare cases with multiple trial errors linked to the defective indictment.
State v. Colon · Supreme Court of Ohio · filed
Our holding in Colon I is only prospective in nature, in accordance with our general policy that newly declared constitutional rules in criminal cases are applied prospectively, not retrospectively.
Read the full opinion on CourtListener → -
The court declined to extend Colon's indictment holding to a defendant who pleaded guilty.
State v. Hayden · Ohio Court of Appeals, Eighth District · filed
In the instant case, we are asked to apply the Colon I holding to a case in which the defendant pled guilty to robbery in violation of R.C. 2911.02(A)(3). We decline to extend Colon I to cases in which the defendant pled guilty to the indictment.
Read the full opinion on CourtListener →
Overruled
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The Ohio Supreme Court overruled Colon's rule that a statutory language indictment is defective when it omits a mental state absent from the statute.
State v. Horner · Supreme Court of Ohio · filed
In fact, Colon I is overruled, and Colon II is overruled to the extent that it holds that such an indictment is defective.
Read the full opinion on CourtListener →
Does this case still carry your argument?
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