Ohio Supreme Court, 2003

State v. Tabbaa

State v. Tabbaa
Ohio Supreme Court · Decided May 7, 2003 · Sweeney
98 Ohio St. 3d 1561; 787 N.E.2d 1227
State v. Tabbaa

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Cuyahoga App. No. 81410, 151 Ohio App.3d 353, 2003-Ohio-299. 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’ Journal Entry filed February 7, 2003:

“Motion by appellant to certify a conflict is granted. This court’s decision in State v. Tabbaa, Cuyahoga App. No. 81410, 2003-Ohio-299, is in conflict with State v. Yuen, Franklin App. No. 01AP-1410, 2002-Ohio-5083. The following question is certified:

“In considering a case involving delay in filing a motion to withdraw a guilty plea pursuant to R.C. 2943.031, does the court have discretion to deny the motion by reading a timeliness requirement into R.C. 2943.031 (as the Ohio Supreme Court did in State v. Bush, 96 Ohio St.3d 235, 2002-Ohio-3993, regarding a Crim.R. 32.1 motion), or, is the trial court without discretion and therefore required to set aside the guilty plea and conviction as the court held in State v. Yuen?"

F.E. Sweeney, J., dissents.

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