Legal Opinion
City of Cincinnati v. Berry
Ohio Supreme Court
Decided May 16, 1973No. Nos. 72-679 and 72-680PublishedCited by 4 opinions
1Per curiam
A majority of the members of the court are of the opinion that since Argersinger v. Hamlin (1972), 407 U. S. 25, 32 L. Ed. 2d 530, does not announce a proposition of law formulated by this court,1 but is rather the latest of a “widening class of cases”2 from the United States *108Supreme Court prescribing new federal constitutional requirements, it would be improvident for us to declare the case to have retroactive effect in Ohio in the absence of any indication that the United States Supreme Court intends it to be so applied.3
The judgments of the Court of Appeals are affirmed,
Judgments affirmed.
H…
2Cases cited6 opinions
- Argersinger v. HamlinSupreme Court of the United States · 1972
- James v. StrangeSupreme Court of the United States · 1972
- State v. SimsOhio Supreme Court · 1971
- Potts v. Superintendent of the Virginia State PenitentiarySupreme Court of Virginia · 1972
- State v. LeroyOhio Supreme Court · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Berry v. City of CincinnatiSupreme Court of the United States · 1973
- In re CalhounOhio Supreme Court · 1976
- State v. SanchezArizona Supreme Court · 1973
- City of New Orleans v. HarrisSupreme Court of Louisiana · 1973