State v. Owens

Ohio Supreme Court

State v. Owens

121 Ohio St. 3d 83

CourtOhio Supreme Court

DecidedFebruary 11, 2009

DocketNo. 2008-1759

StatusPublished

This text of 121 Ohio St. 3d 83 (State v. Owens) 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. Owens, 121 Ohio St. 3d 83 (Ohio 2009).

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Opinion

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. The discretionary cross-appeal is not accepted.

{¶ 2} The judgment of the court of appeals is reversed as to the court of appeals’ holding of structural error on appellee and cross-appellant’s second assignment of error below on the authority of State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, and the cause is remanded to the trial court for further proceedings consistent with State v. Colon.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Pfeifer and Lanzinger, JJ., dissent. William D. Mason, Cuyahoga County Prosecuting Attorney, and Matthew E. Meyer, Assistant Prosecuting Attorney, for appellant and cross-appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellee and cross-appellant.

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{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. The discretionary cross-appeal is not accepted.

{¶ 2} The judgment of the court of appeals is reversed as to the court of appeals’ holding of structural error on appellee and cross-appellant’s second assignment of error below on the authority of State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, and the cause is remanded to the trial court for further proceedings consistent with State v. Colon.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Pfeifer and Lanzinger, JJ., dissent. William D. Mason, Cuyahoga County Prosecuting Attorney, and Matthew E. Meyer, Assistant Prosecuting Attorney, for appellant and cross-appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellee and cross-appellant.

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Bluebook (online)

121 Ohio St. 3d 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-owens-ohio-2009.

Opinion

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