Opinion
February 14, 2001
00-1869. State v. Weideman.
Portage App. No. 98-P-0109. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals' Judgment Entry filed October 10, 2000, at page 2:
"Whether a stop and detention of a motorist by a police officer, who is beyond his or her jurisdictional limits, for an offense observed and committed outside the officer's jurisdiction automatically constitutes a per se unreasonable seizure under the Fourth Amendment, thereby triggering the mandatory application of the exclusionary rule to suppress all evidence flowing from the stop."
Cause consolidated with 00-2126, State v. Weideman, Portage App. No. 98-P-0109.
The conflict cases are State v. Filler (1995), 106 Ohio App.3d 731, 667 N.E.2d 54; State v. Tennison (Apr. 14, 1989), Wood App. No. WD-88-41, unreported, 1989 WL 35534; State v. Brown (Apr. 16, 1999), Pickaway App. No. 98CA27, unreported, 1999 WL 259649; and State v. Hammons (Aug. 28, 1998), Montgomery App. No. 16931, unreported, 1998 WL 543363.
01-50. State v. Helms.
Lucas App. No. L-99-1264. On motion for leave to file delayed appeal. Motion denied.
01-54. State v. Cooksey.
Lorain App. No. 99CA007474. On motion for leave to file delayed appeal. Motion denied.
01-55. State v. Stith.
Franklin App. No. 95APA07-934. On motion for leave to file delayed appeal. Motion denied.
01-72. State v. Wilson.
Cuyahoga App. No. 62181. On motion for leave to file delayed appeal. Motion denied.
01-87. State v. Wilson.
Hamilton App. No. C-000593. On motion for leave to file delayed appeal. Motion denied.
Cook, J., dissents.
01-91. Shell Energy Serv. Co., L.L.C. v. Pub. Util. Comm.
Public Utilities Commission, Nos. 99-1729-EL-ETP and 99-1730-EL-ETP. On motion for admission pro hac vice of Paul Forshay, Keith McCrea, and Daniel Oginsky by Langdon Bell. Motion granted.
01-105. State v. Smith.
Morrow App. No. 837. On motion for leave to file delayed appeal. Motion denied.