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State v. Malone

Supreme Court of Ohio
Jan 23, 2008
2008 Ohio 153 (Ohio 2008)

Opinion

No. 2007-2186.

January 23, 2008.

Marion App. No. 9-06-43, 2007-Ohio-5484.


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 at page 1 of the court of appeals' Journal Entry filed November 15, 2007:

"Is a conviction for intimidation of a witness under R.C. 2921.04(B), which requires the witness to be involved in a criminal action or proceeding, sustainable where the intimidation occurred after the criminal act but prior to any police investigation of the criminal act, and thus, also prior to any proceedings flowing from the criminal act in a court of justice?"

O'DONNELL, J., dissents.

The conflict cases are State v. Gooden, Cuyahoga App. No. 82621, 2004-Ohio-2699, and State v. Hummell (June 1, 1998), Morrow App. No. CA-851.


Summaries of

State v. Malone

Supreme Court of Ohio
Jan 23, 2008
2008 Ohio 153 (Ohio 2008)
Case details for

State v. Malone

Case Details

Full title:State v. Malone

Court:Supreme Court of Ohio

Date published: Jan 23, 2008

Citations

2008 Ohio 153 (Ohio 2008)
116 Ohio St. 3d 1472

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State v. Osie

Is a conviction for intimidation of a witness under R.C. 2921.04(B), which requires the witness to be…

State v. Malone

{¶ 9} "Is a conviction for intimidation of a witness under R.C. 2921.04(B), which requires the witness to be…