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Ohio Supreme Court, 1990

State v. Whorton

State v. Whorton
Ohio Supreme Court · Decided May 23, 1990 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
51 Ohio St. 3d 121; 554 N.E.2d 1301; 1990 Ohio LEXIS 219

State v. Whorton

Opinion of the Court

The judgment of the court of appeals is affirmed on authority of State v. Murphy (1990), 49 Ohio St. 3d 206, 551 N.E. 2d 932, for the reasons stated in Murphy and not for the reasons stated by the court of appeals.

Moyer, C.J., Holmes, Douglas, Wright and Resnick, JJ., concur. Sweeney and H. Brown, JJ., dissent.

Dissenting Opinion

H. Brown, J.,

dissenting. I believe that on the record in this case, our holding in State v. Gaines (1989), 46 Ohio St. 3d 65, 545 N.E. 2d 68, is applicable. Accordingly, I would reverse.

Sweeney, J., concurs in the foregoing dissenting opinion.

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

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