# City of Cincinnati v. Berry

> Ohio Supreme Court · May 16, 1973 · 34 Ohio St. 2d 106

URL: https://www.frixlaw.com/law-library/cases/6755074

## Case

- **Full name:** City of Cincinnati v. Berry
- **Court:** Ohio Supreme Court
- **Decided:** May 16, 1973
- **Citations:** 34 Ohio St. 2d 106; 63 Ohio Op. 2d 192; 296 N.E.2d 532; 1973 Ohio LEXIS 355
- **Precedential status:** Published
- **Opinion:** Dissent by Stern
- **Judges:** Brown, Ceeebrezze, Corrigan, Herbert, Neill, Stern
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6755074

## Opinion text

Stern, J.,
Dissenting. Even though the United States Supreme Court has not yet decided whether Argersinger v. Hamlin (1972), 407 U. S. 25 , is to have retrospective application, I am of the opinion that the constitutional right to have appointed counsel at state expense in criminal trials, as held in Gideon v. Wainwright (1963), 372 U. S. 335 , is so fundamental in our system of criminal jurisprudence that the pronouncement on this subject in Gideon pertains to Argersinger. I would reverse the judgment of the Court of Appeals. See dissent by O’Neill, C. J., in State v. Leroy (1972), 30 Ohio St. 2d 138, 145 ; Lovelace v. Haskins (C. A. 6), decided March 21, 1973; Henderson v. Maxwell (1964), 176 Ohio St. 187 ; Henderson v. Cardwell (C. A. 6, 1970), 426 F. 2d 150 ; Woodall v. Neil (C. A. 6, 1971), 444 F. 2d 92 ; Goodwin v. Cardwell (C. A. 6, 1970), 432 F. 2d 521 .
O ’Neill, C. J., and W. Brown, J., concur in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755074. Public record. Not legal advice.