In re Cases Held for the Decision in State v. Williams
957 N.E.2d 289
Ohio2011Background
- The court held for decision in State v. Williams to determine disposition of numerous cases cited.
- Judgments of the courts of appeals are reversed and remanded for application of Williams.
- A group of cases is identified with docket numbers and appellate citations (2009–2011 range).
- Some cases are specifically held for decision and others are dismissed as improvidently accepted.
- Ment on and related cases are among those later dismissed as improvidently accepted.
- Justices O’Connor, Pfeifer, Lundberg Stratton, Lanzinger, Cupp, and McGee Brown concur; O’Donnell dissents on some items.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate judgments should be reversed and remanded for Williams. | State would reverse and remand for Williams. | Appellate judgments should be affirmed. | Reversed and remanded for Williams application. |
| Whether Menton was improvidently accepted and should be dismissed. | State argues for proper disposition under Williams framework. | Menton should be dismissed as improvidently accepted. | Ment on dismissed as improvidently accepted. |
| Whether other held-for-decision or dismissed-for-improvident-acceptance items should be treated similarly. | State seeks consistent Williams-based disposition. | Certain cases should remain as decided or be dismissed as improvidently accepted. | Cases held for decision or dismissed as improvidently accepted as stated. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (primacy of Williams framework for disposition on remand)
- Hartley v. State, 2011-Ohio-96 (2011-Ohio-96) (improvident acceptance considerations in appeal dismissals)
- Clager v. State, 2010-Ohio-6074 (2010-Ohio-6074) (improvidently accepted cases addressed)
- Core v. State, 191 Ohio App.3d 651, 2010-Ohio-6292, 947 N.E.2d 250 (2010-Ohio-6292) (appellate disposition and improvident acceptance considerations)
- Menton, 2009-Ohio-4640 (2009-Ohio-4640) (improvidently accepted determination context)
