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Bellville v. Kieffaber

Supreme Court of Ohio
Jun 7, 2006
848 N.E.2d 856 (Ohio 2006)

Opinion

2006-0824.

June 7, 2006.

Richland App. No. 2005CA0061, 2005-Ohio-6879.


MOTION AND PROCEDURAL RULINGS

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Judgment Entry filed March 29, 2006:

"In a traffic law enforcement citation for `excessive speed,' does the complaint fail, as a matter of law, to charge a necessary element of the offense if it does not also allege that the speed is `prima-facie' unlawful and the speed alleged is not charged as a `per se' violation of the applicable traffic code?"

RESNICK, PFEIFER and O'DONNELL, JJ., dissent.

The conflict case is State v. Oglesby (Sept. 1, 2000), Erie App. Nos. E-99-077 and E-99-076.


Summaries of

Bellville v. Kieffaber

Supreme Court of Ohio
Jun 7, 2006
848 N.E.2d 856 (Ohio 2006)
Case details for

Bellville v. Kieffaber

Case Details

Full title:Bellville v. Kieffaber

Court:Supreme Court of Ohio

Date published: Jun 7, 2006

Citations

848 N.E.2d 856 (Ohio 2006)
109 Ohio St. 3d 1493
2006 Ohio 2762

Citing Cases

Bellville v. Kieffaber

{¶ 7} We determined that a conflict existed and accepted the following certified question: "In a traffic law…