State v. Brooks

Ohio Supreme Court December 10, 2009

State v. Brooks, 2009 Ohio 6409 (Ohio 2009)

124 Ohio St. 3d 99; 919 N.E.2d 211

Moyer, Stratton, O'Connor, O'Donnell, Cupp, Pfeifer, Lanzinger

Opinion

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals to apply State v. Brewer, 121 Ohio St.3d 202, 2009-Ohio-593, 903 N.E.2d 284.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Pfeifer and Lanzinger, JJ., dissent. *100 William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath and Brian M. McDonough, Assistant Prosecuting Attorneys, for appellant.

Reference

Full Case Name: The State of Ohio, Appellant, v. Brooks, Appellee
Status: Published