140 Ohio St.3d 65
Ohio
2014

THE STATE OF OHIO, APPELLEE, v. LABER, APPELLANT.

No. 2013-1174

Supreme Court of Ohio

July 22, 2014

140 Ohio St.3d 65, 2014-Ohio-3154

Appeal dismissed as having been improvidently accepted. Submitted June 24, 2014. APPEAL from the Court of Appeals for Lawrence County, No. 12CA24, 2013-Ohio-2681.

{¶ 1} The cause is dismissed as having been improvidently accepted.

PFEIFER, O’DONNELL, KENNEDY, and O’NEILL, JJ., concur.

O’CONNOR, C.J., and LANZINGER and FRENCH, JJ., dissent from the decision to dismiss the appeal as improvidently accepted.

Michael DeWine, Attorney General, Eric E. Murphy, State Solicitor, Michael J. Hendershot, Chief Deputy Solicitor, and Jeffrey Jarosch, Deputy Solicitor; and Brigham Anderson, Lawrence County Prosecuting Attorney, and Mack Anderson, Assistant Prosecuting Attorney, for appellee.

Timothy Young, Ohio Public Defender, and Peter Galyardt, Assistant Public Defender, for appellant.