Ohio Supreme Court Certifications of Conflict for February of 2013

February 6, 2013

"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' entry filed December 13, 2012:

"If a court commits a child to a secure facility, does R.C. 2152.83(B)(1) permit the court to conduct a classification hearing at the time of disposition?"

O'Donnell , J., dissents.

The conflict case is In re B.G., 5th Dist. No. 2011-COA-012, 2011 Ohio 5898.

In re I.A., 134 Ohio St. 3d 1447 (Ohio 2013)"

February 20, 2013

"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' entry filed December 17, 2012:

"A defendant [may] benefit from a decrease in a classification and penalty of an offense by the General Assembly [that becomes effective] between the time the defendant committed the offense and the time of his sentencing on that offense[.]"

The conflict cases are State v. Gillespie, 5th Dist. No. 2012-CA-6, 2012 Ohio 3485, 975 N.E.2d 492, and State v. David, 5th Dist. No. 11-CA-110, 2012 Ohio 3984.

O'Donnell , J., dissents.

O'Connor , C.J., not participating.

State v. Taylor, 134 Ohio St. 3d 1466 (Ohio 2013)"

February 20, 2013

"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' entry filed October 23, 2012:

"Is R.C. 2905.05(A) unconstitutionally overbroad?"

The conflict case is State v. Clark, 1st Dist. No. C-040329, 2005 Ohio 1324.

Cause consolidated with 2012-2042, State v. Romage, Franklin App. No. 11AP-822, 2012 Ohio 3381, 974 N.E.2d 120.

State v. Romage, 134 Ohio St. 3d 1465 (Ohio 2013)"