Ohio Supreme Court, 2016

State v. Brandenburg (Slip Opinion)

Ohio Supreme Court · Decided May 17, 2016 · French, Kennedy, Lanzinger, O'Connor, O'Donnell, O'Neill, Pfeifer

2016 Ohio 2970; 146 Ohio St. 3d 221

Cases that cite this one

69 later published cases cite this decision. The 25 that cite it most often are listed here.

State v. Hiles (Ohio Ct. App. 2021)
State v. Newman (Ohio Ct. App. 2021)
State v. Richardson (Ohio Ct. App. 2017)
State v. Sanchez (Ohio Ct. App. 2018)
State v. Deck (Ohio Ct. App. 2021)
State v. Murphy (Ohio Ct. App. 2020)
State v. Watts (Ohio Ct. App. 2020)
State v. Manon (Ohio Ct. App. 2020)
State v. Boggs (Ohio Ct. App. 2020)
State v. Scott (Ohio Ct. App. 2020)
State v. Howard (Ohio Ct. App. 2020)
State v. McKnight (Ohio Ct. App. 2020)
State v. Gorley (Ohio Ct. App. 2020)
State v. Tillett (Ohio Ct. App. 2020)
State v. Motz (Ohio Ct. App. 2020)
State v. Liming (Ohio Ct. App. 2019)
State v. Bishop (Ohio Ct. App. 2019)
State v. Schaper (Ohio Ct. App. 2019)
State v. Clowery (Ohio Ct. App. 2019)
State v. Hagan (Ohio Ct. App. 2019)
State v. Smith (Ohio Ct. App. 2019)
State v. Spencer (Ohio Ct. App. 2019)
State v. Baker (Ohio Ct. App. 2019)
State v. Hutchinson (Ohio Ct. App. 2019)
State v. Slamka (Ohio Ct. App. 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

{¶ 1} In State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record. Id. at ¶ 7.

*222 Michael T. Gmoser, Butler County Prosecuting Attorney, and Lina N. Akam-hawi, Assistant Prosecuting Attorney, for appellee. Charles M. Conliff, for appellant.

‘{¶ 2} The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Kennedy, French, and O’Neill, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.