State v. Burnside

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

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.

Sua 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.