State v. McClendon

2011 Ohio 954, 128 Ohio St. 3d 354
CourtOhio Supreme Court
DecidedMarch 8, 2011
Docket2010-1950
StatusPublished
Cited by7 cases

This text of 2011 Ohio 954 (State v. McClendon) 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. McClendon, 2011 Ohio 954, 128 Ohio St. 3d 354 (Ohio 2011).

Opinion

{¶ 1} The discretionary appeal is not accepted.

{¶ 2} The discretionary cross-appeal is accepted.

{¶ 3} The portion of the judgment of the court of appeals addressing appellant’s second assignment of error below is vacated on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is *355 remanded to the court of appeals for application of our decision in State v. Johnson.

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, for appellee and cross-appellant. Kyle McClendon, pro se. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, and Cupp, JJ., concur. Lanzinger and McGee Brown, JJ., dissent and would not accept the cross-appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 Ohio 954, 128 Ohio St. 3d 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclendon-ohio-2011.