State v. Crager

2009 Ohio 4760

Opinion

[Cite as State v. Crager, 123 Ohio St.3d 1210, 2009-Ohio-4760.]

THE STATE OF OHIO, APPELLANT, v. CRAGER, APPELLEE. [Cite as State v. Crager, 123 Ohio St.3d 1210, 2009-Ohio-4760.] (Nos. 2006-0294 and 2006-0298 — Submitted August 11, 2009 — Decided September 17, 2009.) APPEAL from and CERTIFIED by the Court of Appeals for Marion County, No. 9-04-54, 164 Ohio App.3d 816, 2005-Ohio-6868. ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES ____________________ {¶ 1} This court issued its judgment in this cause on December 27, 2007. State v. Crager, 116 Ohio St.3d 369, 2007-Ohio-6840, 879 N.E.2d 745. {¶ 2} On June 29, 2009, the Supreme Court of the United States vacated that judgment and remanded the cause to this court for further consideration in light of Melendez-Diaz v. Massachusetts (2009), 557 U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314. Crager v. State, ___ U.S. ___, 129 S.Ct. 2856, 174 L.Ed.2d 598. {¶ 3} Because the trial court has not had an opportunity to address the admissibility of the DNA evidence admitted at the trial in light of the holding in Melendez-Diaz v. Massachusetts, we sua sponte vacate the judgment of the trial court and remand the cause to the trial court for a new trial consistent with Melendez-Diaz v. Massachusetts. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and LANZINGER, JJ., concur. CUPP, J., not participating. __________________ Brent Yager, Marion County Prosecuting Attorney, for appellant. Collins & Lowther, L.P.A., and Kevin P. Collins, for appellee. __________________