Opinion
2023-0751
01-24-2024
STATE v. MYERS
Warren App. No. CA2023-01-013.
CASE ANNOUNCEMENTS
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue as stated on the fifth page of the court of appeals’ May 15, 2023 entry: "Is a trial court’s decision on a motion for appointment of experts in a capital postconviction proceeding a provisional remedy pursuant to R.C. 2505.02(B)(4) and therefore a final order?" The conflict case is State v. Powell, 2019-Ohio-4286, 148 N.E.3d 51 (6th Disk.). Sua sponte, cause consolidated with 2023-0838, State v. Myers, and briefing in case Nos. 2023-0751 and 2023-0838 consolidated.
DeWine, J., dissents.