State v. Tooley

Ohio Supreme Court

State v. Tooley

109 Ohio St. 3d 1403, 2006 WL 952273

CourtOhio Supreme Court

DecidedApril 12, 2006

Docket2006-0216

StatusPublished

Cited by1 cases

This text of 109 Ohio St. 3d 1403 (State v. Tooley) 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. Tooley, 109 Ohio St. 3d 1403, 2006 WL 952273 (Ohio 2006).

Pincite

Opinion

Portage App. No. 2004-P-0064, 2005-Ohio-6709. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at pages 2-3 of the court of appeals’ Judgment Entry filed January 25, 2006:

“1. Whether the statutory inference provided in R.C. 2907.322(B)(3) renders R.C. 2907.322(A)(5) unconstitutionally overbroad in light of the decision announced in Ashcroft v. The Free Speech Coalition [(2002), 535 U.S. 234]?

“2. Whether R.C. 2907.323(A)(3)’s culpable mental state of recklessness renders this section of the statute unconstitutionally overbroad in light of the decision announced in Ashcroft v. The Free Speech Coalition?”

The conflict cases are State v. Eichorn, Morrow App. No. 02 CA 953, 2003-Ohio-3145, State v. Anderson, 151 Ohio App.3d 422, 2003-Ohio-429, and State v. Morris, Wayne App. No. 04CA0036, 2005-Ohio-599.

Sua sponte, cause consolidated with 2006-0105, State v. Tooley, Portage App. No. 2004-P-0064, 2005-Ohio-6709.

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