State v. Smith

Decided April 19, 2011

Ohio Supreme Court · decided 2011-04-19

Decided 2011-04-19

¶1 {¶ 1} Sua sponte, this cause is no longer held for the decision in 2010-1216, State ex rel. DeWine v. Burge, 128 Ohio St.3d 236, 2011-Ohio-235, 943 N.E.2d 535.

¶2 {¶ 2} The judgment of the court of appeals is reversed.

O’Connor, C.J., and Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur. Pfeifer and Lanzinger, JJ., dissent. *443 Dennis P. Will, Lorain County Prosecuting Attorney, and Billie Jo Belcher, Assistant Prosecuting Attorney, for appellant. Jack W. Bradley and Michael E. Stepanik, for appellee.