State v. Stewart

Ohio Supreme Court
State v. Stewart, 135 Ohio St. 3d 1409 (Ohio 2013)
986 N.E.2d 26
Accept, App, Appeal, Connor, Donnell, Forrest, French, Hold, Kennedy, Lanzinger, Law, Neill, Ohio, Pfeifer, Proposition

State v. Stewart

Opinion of the Court

Franklin App. No. 11AP-787, 2012-Ohio-4500. On motion to consolidate with case No. 2012-1941, State v. Stewart, Franklin App. No. 11AP-787, 2012-Ohio-4500. Motion granted. Discretionary appeal accepted. The judgment of the court of appeals is reversed, and this cause is remanded for application of State v. Howard, 134 Ohio St.3d 467, 2012-Ohio-5738, 983 N.E.2d 341, and State v. Brwnning, 134 Ohio St.3d 438, 2012-Ohio-5752, 983 N.E.2d 316.

O’Connor, C.J., and Lanzinger, Kennedy, French, and O’Neill, JJ., concur. Pfeifer, J., dissents. O’Donnell, J., would accept the appeal on Proposition of Law No. I and hold the cause for the decision in 2012-0415 and 2012-0416, State v. Forrest, Franklin App. No. 11AP-291, 2012-Ohio-280.

Reference

Status
Published