2002 OHIO 6670 - In re Mills

[This decision has been published in Ohio Official Reports at

97 Ohio St.3d 432

.]




                             IN RE MILLS, A MINOR CHILD.
                        [Cite as In re Mills,

2002-Ohio-6670

.]
Discretionary appeal allowed—Court of appeals’ judgment reversed on authority
        of In re Cross.
(No. 2002-1367—Submitted November 13, 2002—Decided December 13, 2002.)
   APPEAL from the Court of Appeals for Ashtabula County, No. 2001-A-0028,

2002-Ohio-3125

.
                                  __________________
        {¶1} The discretionary appeal is allowed.
        {¶2} The judgment of the court of appeals is reversed, and the cause is
remanded to the trial court on the authority of In re Cross,

96 Ohio St.3d 328

, 2002-
Ohio-4183,

774 N.E.2d 258

.
        MOYER, C.J., DOUGLAS, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG
STRATTON, JJ., concur.
        RESNICK, J., dissents.
                                  __________________
        David H. Bodiker, Ohio Public Defender, and Felice Harris, Assistant
Public Defender, for appellant.
        Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and John N.
Zomoida Jr., Assistant Prosecuting Attorney, for appellee.
                                  __________________




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