State v. Burnside

Ohio Supreme Court
State v. Burnside, 97 Ohio St. 3d 1458 (Ohio 2002)
778 N.E.2d 1050
Douglas, Resnick, Sweeney

State v. Burnside

Opinion of the Court

Fairfield App. No. 01CA60, 2002-Ohio-4344. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Judgment Entry filed August 22, 2002, at page 3:

“When there is no evidence that a solid anticoagulant is used in a blood test to determine alcohol content as required by O.A.C. 3701-53-05(0) do[es] the State still meet its burden of substantial compliance with Department of Health regulations?”

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

*1459Sua sponte, cause consolidated with. 2002-1440, State v. Burnside, Fairfield App. No. 01CA60, 2002-Ohio-4344.

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

The conflict case is State v. Zuzga (2001), 141 Ohio App.3d 696, 753 N.E.2d 229.

Reference

Status
Published