Ohio Supreme Court, 2011

State v. McClendon

Ohio Supreme Court · Decided March 8, 2011 · O'Connor, Pfeifer, Stratton, O'Donnell, Cupp, Lanzinger, Brown

2011 Ohio 954; 128 Ohio St. 3d 354

Cases that cite this one

7 later published cases cite this decision.

State v. Harding (Ohio Ct. App. 2011)
State v. Miller (Ohio Ct. App. 2022)
State v. Koch (Ohio Ct. App. 2019)
State v. Helms (Ohio Ct. App. 2013)
State v. Beatty-Jones (Ohio Ct. App. 2011)
Miller v. Warden, Chillicothe Correctional Institute (District Court, S.D. Ohio 2025)
State v. Crowe (Ohio Ct. App. 2019)

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

{¶ 1} The discretionary appeal is not accepted.

{¶ 2} The discretionary cross-appeal is accepted.

{¶ 3} The portion of the judgment of the court of appeals addressing appellant’s second assignment of error below is vacated on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is *355 remanded to the court of appeals for application of our decision in State v. Johnson.

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, for appellee and cross-appellant. Kyle McClendon, pro se. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, and Cupp, JJ., concur. Lanzinger and McGee Brown, JJ., dissent and would not accept the cross-appeal.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.