State v. Malone

Ohio Supreme Court

State v. Malone

879 N.E.2d 781, 116 Ohio St. 3d 1472

CourtOhio Supreme Court

DecidedJanuary 23, 2008

Docket2007-2186

StatusPublished

Cited by3 cases

This text of 879 N.E.2d 781 (State v. Malone) 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. Malone, 879 N.E.2d 781, 116 Ohio St. 3d 1472 (Ohio 2008).

Pincite

Opinion

Marion App. No. 9-06-43, 2007-Ohio-5484. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 1 of the court of appeals’ Journal Entry filed November 15, 2007:

“Is a conviction for intimidation of a witness under R.C. 2921.04(B), which requires the witness to be involved in a criminal action or proceeding, sustainable where the intimidation occurred after the criminal act but prior to any police investigation of the criminal act, and thus, also prior to any proceedings flowing from the criminal act in a court of justice?”

O’Donnell, J., dissents.

The conflict cases are State v. Gooden, Cuyahoga App. No. 82621, 2004-Ohio-2699, and State v. Hummell (June 1, 1998), Morrow App. No. CA-851.

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Marion App. No. 9-06-43, 2007-Ohio-5484. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 1 of the court of appeals’ Journal Entry filed November 15, 2007:

“Is a conviction for intimidation of a witness under R.C. 2921.04(B), which requires the witness to be involved in a criminal action or proceeding, sustainable where the intimidation occurred after the criminal act but prior to any police investigation of the criminal act, and thus, also prior to any proceedings flowing from the criminal act in a court of justice?”

O’Donnell, J., dissents.

The conflict cases are State v. Gooden, Cuyahoga App. No. 82621, 2004-Ohio-2699, and State v. Hummell (June 1, 1998), Morrow App. No. CA-851.

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Bluebook (online)

879 N.E.2d 781, 116 Ohio St. 3d 1472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-malone-ohio-2008.

Opinion

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