State v. Smith

Ohio Supreme Court

State v. Smith

689 N.E.2d 50, 81 Ohio St. 3d 1430, 1998 Ohio LEXIS 406

CourtOhio Supreme Court

DecidedJanuary 28, 1998

Docket97- 2730

StatusPublished

This text of 689 N.E.2d 50 (State v. Smith) 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. Smith, 689 N.E.2d 50, 81 Ohio St. 3d 1430, 1998 Ohio LEXIS 406 (Ohio 1998).

Pincite

Opinion

Butler App. No. CA97-01-011. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated at page 3 of the court of appeals’ Entry Granting Motion to Certify Conflict to the Ohio Supreme Court, dated December 19,1997:

“The issue for certification is whether, when reviewing a post-conviction relief petition, the trial court must accept affidavits presented in support of the petition as true.”

The conflict case is State v. Swortcheck (1995), 101 Ohio App.3d 770, 656 N.E.2d 732.

Douglas, F.E. Sweeney and Cook, JJ., dissent.

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Butler App. No. CA97-01-011. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated at page 3 of the court of appeals’ Entry Granting Motion to Certify Conflict to the Ohio Supreme Court, dated December 19,1997:

“The issue for certification is whether, when reviewing a post-conviction relief petition, the trial court must accept affidavits presented in support of the petition as true.”

The conflict case is State v. Swortcheck (1995), 101 Ohio App.3d 770, 656 N.E.2d 732.

Douglas, F.E. Sweeney and Cook, JJ., dissent.

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Bluebook (online)

689 N.E.2d 50, 81 Ohio St. 3d 1430, 1998 Ohio LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-ohio-1998.

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