UH OH Ohio, L.L.C. v. Buchanan
Citations
- 2024 Ohio 11
Syllabus
VEXATIOUS LITIGATOR – R.C. 2323.52: The trial court did not err in finding defendant to be a vexatious litigator where defendant has habitually and persistently engaged in vexatious conduct by repeatedly filing unnecessary and supernumerary pleadings and motions which serve merely to harass or maliciously injure another party are not warranted under existing law and cannot be supported by a good faith argument for an extension, modification, or reversal of existing law or are imposed solely for delay.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming sentencing court’s consideration of defendant’s beliefs as relevant to the threat of violence to the community
- upholding the sentencing court’s determination that defendant’s words “could properly have raised a serious question” as to defendant’s threat of violence to the community
- noting, in sentencing context, that “[a] Sphinx-like silence on the court’s part precludes anyone (including the parties, the judge, and an appellate tribunal) from learning whether he acted in error”
- ʺAbsent the sentencing judgeʹs reliance . . . upon material inaccuracies, it is not our function to review a sentence falling within statutory limits.ʺ
- “Such a rule would be ‘a powerful safeguard against rash and arbitrary decisions’ at this critical stage of the criminal process where the defendant’s liberty is at stake”
Source: CourtListener parenthetical corpus (CC0).
Judges: Crouse
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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