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Johnson v. State

Supreme Court of Delaware
Dec 16, 1998
723 A.2d 397 (Del. 1998)

Summary

In State v. Johnson (Dec. 14, 1998), Cuyahoga App. No. 72541, unreported, reopening disallowed (May 27, 1999), Motion No. 4430, appeal dismissed (1999), 86 Ohio St.3d 1464, 715 N.E.2d 566 [Case No. 99-1252], applicant's counsel filed a second affidavit after appellee challenged his initial affidavit as failing to comply with App.R. 26 (B) (2) (d).

Summary of this case from STATE v. OTTE

Opinion

No. 227, 1998.

Decided: December 16, 1998.

Superior CrA IN-93-05-0868-R2.

Affirmed.


Unpublished Opinion is below.

SCOTT O. JOHNSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 227, 1998. In the Supreme Court of the State of Delaware. Submitted: December 15, 1998. Decided: December 16, 1998.

Before VEASEY, Chief Justice, WALSH and BERGER, Justices.

ORDER

This 16th day of December, 1998, the Court, having considered this matter on the briefs of the parties, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Superior Court in its Order dated May 21, 1998,

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is AFFIRMED.


Summaries of

Johnson v. State

Supreme Court of Delaware
Dec 16, 1998
723 A.2d 397 (Del. 1998)

In State v. Johnson (Dec. 14, 1998), Cuyahoga App. No. 72541, unreported, reopening disallowed (May 27, 1999), Motion No. 4430, appeal dismissed (1999), 86 Ohio St.3d 1464, 715 N.E.2d 566 [Case No. 99-1252], applicant's counsel filed a second affidavit after appellee challenged his initial affidavit as failing to comply with App.R. 26 (B) (2) (d).

Summary of this case from STATE v. OTTE

In State v. Johnson (Dec. 14, 1998), Cuyahoga App. No. 72541, unreported, reopening disallowed (May 27, 1999), Motion No. 4430, we held that the affidavit of an attorney "which only swears to the truth of allegations contained in an application for reopening does not comply with the requirements of App.R. 26(B)(2)(d).

Summary of this case from State v. Johnson

In State v. Johnson (Dec. 14, 1998), Cuyahoga App. No. 72541, unreported, reopening disallowed (May 27, 1999), and most recently in State v. Jells (May 1, 1989), Cuyahoga App. No. 54733, unreported, affirmed (1990), 53 Ohio St.3d 22, 559 N.E.2d 464, reopening denied (Apr. 26, 2000), Motion No. 4594, this court found affidavits of counsel that contained only conclusive statements to be insufficient.

Summary of this case from State v. Walker

In State v. Johnson (Dec. 14, 1998), Cuyahoga App. No. 72541, unreported, reopening disallowed (May 27, 1999), Motion No. 4430, we held that the affidavit of an attorney "which only swears to the truth of allegations contained in an application for reopening does not comply with the requirements of App.R. 26(B)(2)(d).

Summary of this case from State v. Towns

In Johnson, supra, applicant's counsel filed a second affidavit after appellee challenged his initial affidavit as failing to comply with App.R. 26 (B)(2)(d).

Summary of this case from State v. Jells
Case details for

Johnson v. State

Case Details

Full title:SCOTT O. JOHNSON, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court:Supreme Court of Delaware

Date published: Dec 16, 1998

Citations

723 A.2d 397 (Del. 1998)

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