State v. WillinghamState v. Willingham
APPEAL from the Court of Appeals for Cuyahoga County, Nos. 106706 and 107033, 2019-Ohio-1892.
{¶ 1} The cause in case No. 2019-0659 is dismissed as having been improvidently accepted.
{¶ 2} In case No. 2019-0900, the judgment of the court of appeals is vacated. See State v. Washington, 137 Ohio St.3d 427, 2013-Ohio-4982, 999 N.E.2d 661, ¶ 8; State ex rel. LTV Steel Co. v. Gwin, 64 Ohio St.3d 245, 249-250, 594 N.E.2d 616 (1992); see also S.Ct.Prac.R. 5.02, 7.01(A)(1), and 7.01(D)(1).
O’CONNOR, C.J., and FRENCH, DONNELLY, and STEWART, JJ., concur.
KENNEDY, J., concurs in case No. 2019-0900 for the reasons stated in her dissenting opinion in State v. Moore, 149 Ohio St.3d 557, 2016-Ohio-8288, 76 N.E.3d 1127, ¶ 150-152, and dissents in case No. 2019-0659 and would reverse the judgment of the court of appeals in that case.
FISCHER and DEWINE, JJ., concur in case No. 2019-0900 and dissent in case No. 2019-0659 and would reverse the judgment of the court of appeals in that case.
Mark A. Stanton, Cuyahoga County Public Defender, and Paul A. Kuzmins, Assistant Public Defender, for appellee, Christopher Willingham.
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Alex S. Havlin, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.