Ohio Supreme Court, 2010

State v. Griffin

State v. Griffin
Ohio Supreme Court · Decided December 9, 2010
2010 Ohio 5948
State v. Griffin

Cases that cite this one

2 later published cases cite this decision.

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Opinion

[Cite as State v. Griffin, 127 Ohio St.3d 266, 2010-Ohio-5948.]

THE STATE OF OHIO, APPELLANT, v. GRIFFIN, APPELLEE. [Cite as State v. Griffin, 127 Ohio St.3d 266, 2010-Ohio-5948.] Discretionary appeal accepted, judgment of the court of appeals vacated, and cause remanded to the court of appeals for application of State v. Ketterer. (No. 2010-1434 — Submitted November 16, 2010 — Decided December 9, 2010.)

APPEAL from the Court of Appeals for Coshocton County, No. 09CA21, 2010-Ohio-3517. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for application of State v. Ketterer, 126 Ohio St.3d 448, 2010-Ohio-3831, 935 N.E.2d 9. LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

BROWN, C.J., and PFEIFER, J., dissent and would not accept the discretionary appeal. __________________ Robert J. Batchelor, Coshocton County Prosecuting Attorney, for appellant.

Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellee.

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, in support of appellant for amicus curiae, Ohio Prosecuting Attorneys Association. ______________________

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