Bellville v. Kieffaber

Ohio Supreme Court

Bellville v. Kieffaber

848 N.E.2d 856, 109 Ohio St. 3d 1493

CourtOhio Supreme Court

DecidedJune 7, 2006

Docket2006-0824

StatusPublished

Cited by2 cases

This text of 848 N.E.2d 856 (Bellville v. Kieffaber) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bellville v. Kieffaber, 848 N.E.2d 856, 109 Ohio St. 3d 1493 (Ohio 2006).

Pincite

Opinion

Richland App. No. 2005CA0061, 2005-Ohio-6879. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Judgment Entry filed March 29, 2006:

“In a traffic law enforcement citation for ‘excessive speed,’ does the complaint fail, as a matter of law, to charge a necessary element of the offense if it does not also allege that the speed is ‘primafaeie’ unlawful and the speed alleged is not charged as a ‘per se’ violation of the applicable traffic code?”

Resnick, Pfeifer and O’Donnell, JJ., dissent.

The conflict ease is State v. Oglesby (Sept. 1, 2000), Erie App. Nos. E-99-077 and E-99-076.

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Richland App. No. 2005CA0061, 2005-Ohio-6879. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Judgment Entry filed March 29, 2006:

“In a traffic law enforcement citation for ‘excessive speed,’ does the complaint fail, as a matter of law, to charge a necessary element of the offense if it does not also allege that the speed is ‘primafaeie’ unlawful and the speed alleged is not charged as a ‘per se’ violation of the applicable traffic code?”

Resnick, Pfeifer and O’Donnell, JJ., dissent.

The conflict ease is State v. Oglesby (Sept. 1, 2000), Erie App. Nos. E-99-077 and E-99-076.

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Bluebook (online)

848 N.E.2d 856, 109 Ohio St. 3d 1493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellville-v-kieffaber-ohio-2006.

Opinion

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