State v. Robinson, No. 86-1129

CourtUnited States State Supreme Court of Ohio
Writing for the CourtCELEBREZZE; SWEENEY
Parties, 28 O.B.R. 165 The STATE of Ohio, Appellant and Cross-Appellee, v. ROBINSON et al., Appellees and Cross-Appellants.
Docket NumberNo. 86-1129
Decision Date24 December 1986

Page 65

28 Ohio St.3d 65
502 N.E.2d 634, 28 O.B.R. 165
The STATE of Ohio, Appellant and Cross-Appellee,
v.
ROBINSON et al., Appellees and Cross-Appellants.
No. 86-1129.
Supreme Court of Ohio.
Dec. 24, 1986.

Appeal and Cross-Appeal from the Court of Appeals for Greene county.

William F. Schenck, Xenia, Pros. Atty., for the State.

Carretta, Cartwright, Barber & Cornish Co., L.P.A., and Catherine M. Barber, Fairborn, for George and Linda Robinson.

The judgment of the court of appeals in case Nos. 85 CA 47 and 85 CA 48, with respect to its ruling on R.C. 2907.323(A)(3), is reversed on authority of State v. Meadows (1986), 28 Ohio St.3d 43, 354, 503 N.E.2d 697, and that issue is remanded to the trial court for further proceedings.

The judgment of the court of appeals in case Nos. 85 CA 47 and 85 CA 48, with respect to its ruling on R.C. 2907.323(A)(1) and (2), is vacated and these issues are remanded to the trial court for reconsideration in light of State v. Meadows, supra.

CELEBREZZE, C.J., and LOCHER, HOLMES, CLIFFORD F. BROWN, DOUGLAS and WRIGHT, JJ., concur.

SWEENEY, J., not participating.

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4 practice notes
  • State v. Young, Nos. 86-1532
    • United States
    • United States State Supreme Court of Ohio
    • July 6, 1988
    ...authority of Meadows. State v. Modeen (1986), 28 Ohio St.3d 64, 28 OBR 164, 502 N.E.2d 634; [525 N.E.2d 1367] State v. Robinson (1986), 28 Ohio St.3d 65, 28 OBR 165, 502 N.E.2d 634. Thus, the question certified to this court in today's cases has already been However, it is well-established ......
  • State v. Beavers, No. 11AP-1064
    • United States
    • United States Court of Appeals (Ohio)
    • August 14, 2012
    ...Court of Ohio reversed the court of appeals' determination that R.C. 2907.323 was unconstitutionally vague. See State v. Robinson, 28 Ohio St.3d 65 (1986). Therefore, we find appellant's reliance upon this authority to be meritless. {¶ 19} Finally, appellant challenges the determination tha......
  • State v. Michael G. Kovacevich, 88-LW-0715
    • United States
    • United States Court of Appeals (Ohio)
    • March 9, 1988
    ...in which the material or performance is used or transferred." ******************************** " * * *." In State v. Robinson (1986), 28 Ohio St.3d 65, the Ohio Supreme Court reversed an appellate court ruling that R.C. 2907.323(A)(1), (2), and (3) were facially unconstitutional.®1¯ The d......
  • Jacobson v. Eyewear, CASE NO. 2011-L-098
    • United States
    • United States Court of Appeals (Ohio)
    • June 29, 2012
    ...absent an abuse of discretion." Monea v. Lanci, 5th Dist. No. 2011CA00050, 2011-Ohio-6377, ¶100, citing State ex rel. Fant v. Sykes, 28 Ohio St.3d 65 (1987). "An abuse of discretion is the trial court's 'failure to exercise sound, reasonable, and legal decision-making.'" State v. Beechler, ......
4 cases
  • State v. Young, Nos. 86-1532
    • United States
    • United States State Supreme Court of Ohio
    • July 6, 1988
    ...authority of Meadows. State v. Modeen (1986), 28 Ohio St.3d 64, 28 OBR 164, 502 N.E.2d 634; [525 N.E.2d 1367] State v. Robinson (1986), 28 Ohio St.3d 65, 28 OBR 165, 502 N.E.2d 634. Thus, the question certified to this court in today's cases has already been However, it is well-established ......
  • State v. Beavers, No. 11AP-1064
    • United States
    • United States Court of Appeals (Ohio)
    • August 14, 2012
    ...Court of Ohio reversed the court of appeals' determination that R.C. 2907.323 was unconstitutionally vague. See State v. Robinson, 28 Ohio St.3d 65 (1986). Therefore, we find appellant's reliance upon this authority to be meritless. {¶ 19} Finally, appellant challenges the determination tha......
  • State v. Michael G. Kovacevich, 88-LW-0715
    • United States
    • United States Court of Appeals (Ohio)
    • March 9, 1988
    ...in which the material or performance is used or transferred." ******************************** " * * *." In State v. Robinson (1986), 28 Ohio St.3d 65, the Ohio Supreme Court reversed an appellate court ruling that R.C. 2907.323(A)(1), (2), and (3) were facially unconstitutional.®1¯ The d......
  • Jacobson v. Eyewear, CASE NO. 2011-L-098
    • United States
    • United States Court of Appeals (Ohio)
    • June 29, 2012
    ...absent an abuse of discretion." Monea v. Lanci, 5th Dist. No. 2011CA00050, 2011-Ohio-6377, ¶100, citing State ex rel. Fant v. Sykes, 28 Ohio St.3d 65 (1987). "An abuse of discretion is the trial court's 'failure to exercise sound, reasonable, and legal decision-making.'" State v. Beechler, ......

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