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State v. Johnson, 2009-1481

Supreme Court of Ohio
Dec 29, 2010
2010 Ohio 6371 (Ohio 2010)
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Summary

holding that if multiple offenses are determined to be of similar import under Ohio Rev. Code § 2941.25 because they "can be committed by the same conduct," the court must then "determine whether the offenses were committed by the same conduct, i.e., 'a single act, committed with a single state of mind'"

Summary of this case from Pope v. Warden, Pickaway Corr. Inst.
See 6 Summaries

Opinion

No. 2009-1481.

December 29, 2010.

Hamilton App. Nos. C-080156 and C-080158, 2009-Ohio-2568. Certified question answered in the affirmative, judgment of the court of appeals reversed, and cause remanded to the trial court.

MERIT DECISION WITH OPINION

Brown, C.J., and Pfeifer and Lundberg Stratton, JJ., concur.

O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur in the syllabus and judgment.

Summaries of

State v. Johnson, 2009-1481

Supreme Court of Ohio
Dec 29, 2010
2010 Ohio 6371 (Ohio 2010)

holding that if multiple offenses are determined to be of similar import under Ohio Rev. Code § 2941.25 because they "can be committed by the same conduct," the court must then "determine whether the offenses were committed by the same conduct, i.e., 'a single act, committed with a single state of mind'"

Summary of this case from Pope v. Warden, Pickaway Corr. Inst.

overruling Rance "to the extent that it calls for a comparison of statutory elements solely in the abstract"

Summary of this case from Russell v. Wainwright

analyzing when two offenses are allied offenses of similar import subject to merger

Summary of this case from Helms v. Bowerman

In State v. Johnson, 942 N.E.2d 1061 (Ohio 2010), the state high court overruled the "abstract elements" test and held that "[w]hen determining whether two offenses are... subject to merger under [§] 2941.25, the conduct of the accused must be considered."

Summary of this case from Craycraft v. Cook

discussing post-Rance decisions by the Ohio Supreme Court

Summary of this case from Pope v. Warden, Pickaway Corr. Inst.

overruling State v. Rance, 85 Ohio St.3d 632, 710 N.E.2d 699

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

State v. Johnson, 2009-1481

Case Details

Full title:State v. Johnson, Slip Opinion No. 2010-Ohio-6314

Court:Supreme Court of Ohio

Date published: Dec 29, 2010

Citations

2010 Ohio 6371 (Ohio 2010)
942 N.E.2d 1061

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