State v. Burnside

Ohio Supreme Court

State v. Burnside

778 N.E.2d 1050, 97 Ohio St. 3d 1458

CourtOhio Supreme Court

DecidedNovember 20, 2002

Docket2002-1524

StatusPublished

This text of 778 N.E.2d 1050 (State v. Burnside) 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

State v. Burnside, 778 N.E.2d 1050, 97 Ohio St. 3d 1458 (Ohio 2002).

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Opinion

Fairfield App. No. 01CA60, 2002-Ohio-4344. 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 August 22, 2002, at page 3:

“When there is no evidence that a solid anticoagulant is used in a blood test to determine alcohol content as required by O.A.C. 3701-53-05(0) do[es] the State still meet its burden of substantial compliance with Department of Health regulations?”

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

[1459]*1459Sua sponte, cause consolidated with. 2002-1440, State v. Burnside, Fairfield App. No. 01CA60, 2002-Ohio-4344.

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

The conflict case is State v. Zuzga (2001), 141 Ohio App.3d 696, 753 N.E.2d 229.

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Fairfield App. No. 01CA60, 2002-Ohio-4344. 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 August 22, 2002, at page 3:

“When there is no evidence that a solid anticoagulant is used in a blood test to determine alcohol content as required by O.A.C. 3701-53-05(0) do[es] the State still meet its burden of substantial compliance with Department of Health regulations?”

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

[1459]*1459Sua sponte, cause consolidated with. 2002-1440, State v. Burnside, Fairfield App. No. 01CA60, 2002-Ohio-4344.

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

The conflict case is State v. Zuzga (2001), 141 Ohio App.3d 696, 753 N.E.2d 229.

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Bluebook (online)

778 N.E.2d 1050, 97 Ohio St. 3d 1458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burnside-ohio-2002.

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