State v. Lucky

Ohio Supreme Court

State v. Lucky

889 N.E.2d 1019, 118 Ohio St. 3d 446

CourtOhio Supreme Court

DecidedJuly 2, 2008

DocketNo. 2008-0532

StatusPublished

This text of 889 N.E.2d 1019 (State v. Lucky) 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. Lucky, 889 N.E.2d 1019, 118 Ohio St. 3d 446 (Ohio 2008).

Pincite

Opinion

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. III.

{¶ 2} Because the court of appeals entered its judgment on appellant’s third assignment of error below prior to the release by this court of its opinion in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, this cause is [447]*447remanded to the court of appeals for consideration of whether the court of appeals’ judgment should be modified in view of our opinion in State v. Smith.

David A. Yost, Delaware County Prosecuting Attorney, and Elizabeth A. Matune, Assistant Prosecuting Attorney, for appellee. Timothy Young, State Public Defender, and Theresa G. Haire, Assistant State Public Defender, for appellant. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger, JJ., concur. Cupp, J., dissents and would not accept the appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. III.

{¶ 2} Because the court of appeals entered its judgment on appellant’s third assignment of error below prior to the release by this court of its opinion in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, this cause is [447]*447remanded to the court of appeals for consideration of whether the court of appeals’ judgment should be modified in view of our opinion in State v. Smith.

David A. Yost, Delaware County Prosecuting Attorney, and Elizabeth A. Matune, Assistant Prosecuting Attorney, for appellee. Timothy Young, State Public Defender, and Theresa G. Haire, Assistant State Public Defender, for appellant. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger, JJ., concur. Cupp, J., dissents and would not accept the appeal.

Cite This Page — Counsel Stack

Bluebook (online)

889 N.E.2d 1019, 118 Ohio St. 3d 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lucky-ohio-2008.

Opinion

Related

Cite This Page — Counsel Stack