2001 OHIO 1328 - In re Moore

[This decision has been published in Ohio Official Reports at

93 Ohio St.3d 212

.]




                                      IN RE MOORE.
                       [Cite as In re Moore,

2001-Ohio-1328

.]
Discretionary appeal allowed—Court of appeals’ judgment vacated and cause
        remanded to court of appeals for consideration of In re Anderson.
     (No. 01-728—Submitted July 17, 2001—Decided September 19, 2001.)
     APPEAL from the Court of Appeals for Montgomery County, No. 18700.
                                  __________________
        {¶ 1} The discretionary appeal is allowed.
        {¶ 2} The judgment of the court of appeals is vacated, and the cause is
remanded to the court of appeals for consideration of In re Anderson (2001),

92 Ohio St.3d 63

748 N.E.2d 67

.
        MOYER, C.J., DOUGLAS, RESNICK, PFEIFER, COOK and LUNDBERG
STRATTON, JJ., concur.
        F.E. SWEENEY, J., dissents and would affirm the judgment of the court of
appeals.
                                  __________________
        David H. Bodiker, State Public Defender, Janine Salloum Ashanin,
Assistant Public Defender, for appellant.
        Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and
Johnna M. Shia, Assistant Prosecuting Attorney, for appellee.
                                  __________________