State v. Rosenberg

Full title: THE STATE OF OHIO, APPELLANT, v. ROSENBERG, APPELLEE

Court: Supreme Court of Ohio

Date published: Dec 28, 2005

839 N.E.2d 29 (Ohio 2005)

839 N.E.2d 29

2005 Ohio 6510

Opinion

No. 2005-0459.

Submitted October 12, 2005.

Decided December 28, 2005.

APPEAL from the Court of Appeals for Cuyahoga County, No. 84457, 2005-Ohio-101.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Mark J. Mahoney, Assistant Prosecuting Attorney, for appellant.

Thomas Rein, for appellee.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

MOYER, C.J., RESNICK, PFEIFER, O'DONNELL and LANZINGER, JJ., concur.

LUNDBERG STRATTON and O'CONNOR, JJ., dissent.

LUNDBERG STRATTON, J., dissenting.

{¶ 2} For the reasons set forth in my dissenting opinion in State v. Cummings, 107 Ohio St.3d 1206, 2005-Ohio-6506, ___ N.E.2d ___, I respectfully dissent.

O'CONNOR, J., concurs in the foregoing dissenting opinion.