State v. Stall

Ohio Supreme Court April 27, 2011

State v. Stall, 2011 Ohio 1960 (Ohio 2011)

128 Ohio St. 3d 501

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

Opinion

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The discretionary cross-appeal is not accepted.

{¶ 3} The portion of the judgment of the court of appeals addressing cross-appellants’ assignment of error below is vacated as to appellee and cross-appellant Stall only on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is remanded to the court of appeals for application of our decision in State v. Johnson.

O’Connor, C.J., and Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur. Pfeifer and Lanzinger, JJ., dissent and would not accept the discretionary appeal.

Reference

Full Case Name: The State of Ohio, Appellant and Cross-Appellee, v. Stall, Appellee and Cross-Appellant, Et Al., Cross-Appellants
Cited By: 3 cases
Status: Published