State v. Ayers

Decision Date11 April 2007
Docket NumberNo. 2006-0276.,2006-0276.
Citation2007 Ohio 1385,113 Ohio St.3d 180,863 N.E.2d 598
PartiesThe STATE of Ohio, Appellant, v. AYERS, Appellee.
CourtOhio Supreme Court

APPEAL from the Court of Appeals for Cuyahoga County, No. 86006, 2005-Ohio-6972.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath, Assistant Prosecuting Attorney, for appellant.

Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellee.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Buehler, 113 Ohio St.3d 114, 2007-Ohio-1246, 124 N.E.2d 863, and the cause is remanded to the court of appeals for consideration of appellee's remaining assignments of error.

MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and CUPP, JJ., concur.

LANZINGER, J., dissents for the reasons stated in her dissenting opinion in State v. Buehler.

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5 cases
  • Shay v. Shay
    • United States
    • Ohio Supreme Court
    • April 11, 2007
    ... ... The court, however, held, `Pursuant to R.C. 3937.31(A), every automobile liability insurance policy issued in this state must have, at a minimum, a guaranteed two-year policy period during which the policy cannot be altered except by agreement of the parties and in ... ...
  • State v. Ayers
    • United States
    • Ohio Court of Appeals
    • November 19, 2009
    ...of Ohio, where it was reversed on the authority of State v. Buehler, 113 Ohio St.3d 114, 2007-Ohio-1246, 863 N.E.2d 124. See State v. Ayers, 113 Ohio St.3d 180, 2007-Ohio-1385, 863 N.E.2d 598. In Buehler, the Supreme Court addressed the statutory requirements for postconviction DNA testing ......
  • Vectren Energy Delivery v. Pub. Util. Comm.
    • United States
    • Ohio Supreme Court
    • April 11, 2007
    ... ... v. Pub. Util. Comm. (1997), 78 Ohio St.3d 466, 469, 678 N.E.2d 922, we may rely on the expertise of a state agency in interpreting a law where "highly specialized issues" are involved and "where agency expertise would, therefore, be of assistance in ... ...
  • State v. Ayers, 2007 Ohio 5939 (Ohio App. 11/8/2007)
    • United States
    • Ohio Court of Appeals
    • November 8, 2007
    ...ENTRY AND OPINION MARY J. BOYLE, J. {¶ 1} This cause is before this court on remand from the Supreme Court of Ohio. See State v. Ayers, 113 Ohio St.3d 180, 2007-Ohio-1385 ("Ayers {¶ 2} In State v. Ayers, Cuyahoga App. No. 86006, 2005-Ohio-6972 ("Ayers I"), defendant-appellant, David Ayers, ......
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