State v. Sullivan

2012 Ohio 1985

• Court: Ohio Supreme Court
• Decided: May 10, 2012
• Docket: 2011-1870 & 2011-1871
• Status: Published

Opinion

[Cite as State v. Sullivan, 132 Ohio St.3d 75, 2012-Ohio-1985.]

THE STATE OF OHIO, APPELLANT, v. SULLIVAN, APPELLEE. [Cite as State v. Sullivan, 132 Ohio St.3d 75, 2012-Ohio-1985.] Court of appeals’ judgment vacated, and cause remanded for application of United States v. Jones. (Nos. 2011-1870 and 2011-1871—Submitted April 4, 2012—Decided May 10, 2012.) APPEAL from and CERTIFIED by the Court of Appeals for Fairfield County, No. 2010-CA-52, 2011-Ohio-4967. __________________ {¶ 1} The judgment of the court of appeals is vacated, and the cause is remanded to the court of common pleas for application of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). O’CONNOR, C.J., and LUNDBERG STRATTON, O’DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER, J., dissents. __________________ PFEIFER, J., dissenting. {¶ 2} I would affirm the judgment of the court of appeals on the authority of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). __________________ Gregg Marx, Fairfield County Prosecuting Attorney, and Jocelyn S. Kelly, Assistant Prosecuting Attorney, for appellant. ______________________