State v. Posey

[This opinion has been published in Ohio Official Reports at 

.]




              THE STATE OF OHIO, APPELLANT, v. POSEY, APPELLEE.
                       [Cite as State v. Posey, 

.]
Appeal dismissed as improvidently allowed.
         (No. 99-1581—Submitted May 9, 2000—Decided June 21, 2000.)
        APPEAL from the Court of Appeals for Summit County, No. 19266.
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        Joseph W. Diemert, Jr., Director of Law, and Frederick W. Andreas,
Assistant Director of Law, for appellant.
        Richard P. Martin Co., L.P.A., and David C. Perduk, for appellee.
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        {¶ 1} The cause is dismissed, sua sponte, as having been improvidently
allowed.
        MOYER, C.J., DOUGLAS, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG
STRATTON, JJ., concur.
        RESNICK, J., dissents.
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        ALICE ROBIE RESNICK, J., dissenting.
        {¶ 2} This case presents issues that warrant merit review. I would not
dismiss it as improvidently allowed.
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