Bellville v. Kieffaber

Ohio Supreme Court

Bellville v. Kieffaber

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

Ohio Supreme Court·Decided June 7, 2006·No. 2006-0824·Published·Cited by 2 cases

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.

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

Pincite

848 N.E.2d 856 (Bellville v. Kieffaber) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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