From Casetext: Smarter Legal Research

State v. Apanovitch

Supreme Court of Ohio.
Dec 26, 2018
114 N.E.3d 217 (Ohio 2018)

Opinion

2016-0696

12-26-2018

STATE v. APANOVITCH


CASE ANNOUNCEMENTS

RECONSIDERATION OF PRIOR DECISIONS

On motion for reconsideration. Motion denied.

O'Donnell, J., dissents, with an opinion.

O'DONNELL, J., dissenting.

{¶ 1} Respectfully, I dissent from the court's decision to deny reconsideration thereby leaving in place its decision to remand the case to the trial court.

{¶ 2} I would grant reconsideration of the decision to remand. The case should not be remanded. This case is over. Because the trial court had no jurisdiction to consider the fourth petition for postconviction relief, there is nothing pending in the trial court at this time, and therefore, there is no reason to remand the case.

{¶ 3} The trial court cannot act any further on matters involved in this appeal because they are res judicata. Accordingly, the case should be finalized by this court, not remanded.


Summaries of

State v. Apanovitch

Supreme Court of Ohio.
Dec 26, 2018
114 N.E.3d 217 (Ohio 2018)
Case details for

State v. Apanovitch

Case Details

Full title:STATE v. APANOVITCH

Court:Supreme Court of Ohio.

Date published: Dec 26, 2018

Citations

114 N.E.3d 217 (Ohio 2018)
154 Ohio St. 3d 1467
2018 Ohio 5210