Ohio Supreme Court, 1998

State v. Smith

State v. Smith
Ohio Supreme Court · Decided January 28, 1998 · Cook, Douglas, Sweeney
81 Ohio St. 3d 1430; 689 N.E.2d 50; 1998 Ohio LEXIS 406

State v. Smith

Opinion of the Court

Butler App. No. CA97-01-011. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated at page 3 of the court of appeals’ Entry Granting Motion to Certify Conflict to the Ohio Supreme Court, dated December 19,1997:

“The issue for certification is whether, when reviewing a post-conviction relief petition, the trial court must accept affidavits presented in support of the petition as true.”

The conflict case is State v. Swortcheck (1995), 101 Ohio App.3d 770, 656 N.E.2d 732.

Douglas, F.E. Sweeney and Cook, JJ., dissent.

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