State v. Harper
State v. Harper
Opinion
[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 2.]
THE STATE OF OHIO, APPELLANT, v. HARPER, APPELLEE. [Cite as State v. Harper, 1995-Ohio-88.] Criminal procedure—Motion to suppress is proper pretrial procedure for challenging the admissibility of breathalyzer test results. (No. 95-1054—Submitted September 12, 1995—Decided October 18, 1995.) APPEAL from the Court of Appeals for Logan County, No. CA94-08-8014. _________________ William T. Goslee, Chief City Prosecutor, for appellant. David R. Evans, for appellee. _________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed on the authority of State v. French (1995), 72 Ohio St.3d 446, 650 N.E.2d 887. MOYER, C.J., F.E. SWEENEY, PFEIFER and COOK, JJ., concur. DOUGLAS, WRIGHT and RESNICK, JJ., dissent. __________________
Reference
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- Syllabus
- Criminal procedure—Motion to suppress is proper pretrial procedure for challenging the admissibility of breathalyzer test results.