Legal Opinion

State v. Byrd

Ohio Supreme Court

Decided July 30, 1980No. 79-616PublishedCited by 78 opinions

1Opinion of the CourtCelebrezze, C. J.

Appellant contends that the Court of Appeals should be reversed because his guilty plea was in violation of the Fifth Amendment right against self-incrimination and because it resulted from an unconstitutional denial of his right to counsel.

Appellant contends in part that the judge’s involvement in the plea negotiation process rendered his plea involuntary and violative of the Fifth Amendment. Because we dispose of the case on this ground, we do not reach the merits of appellant’s other claims.

The Fifth Amendment states that no person “shall be compelled* * * to be a witness against himself.”…

2Cases cited13 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Malloy v. HoganSupreme Court of the United States · 1964
  4. MacHibroda v. United StatesSupreme Court of the United States · 1962
  5. Kercheval v. United StatesSupreme Court of the United States · 1927

8 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. State v. ElliottOhio Court of Appeals · 2021
  2. State v. DitterNebraska Supreme Court · 1989
  3. State v. JabbaarOhio Court of Appeals · 2013
  4. State v. SawyerOhio Court of Appeals · 2009
  5. State v. VariOhio Court of Appeals · 2010

73 more not listed; retrieve them via the Exa API.

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