Opinion
2019-1674
01-22-2020
STATE v. TURNER
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 pages 2 through 3 of the court of appeals' November 22, 2019 entry: "Does an officer have reasonable and articulable suspicion to conduct a traffic stop of a motor vehicle for a marked lanes violation under R.C. 4511.33(A)(1) when the officer observes the tires of a vehicle driving on, but not across a marked lane line?" The conflict cases are State v. Williams, 1st Dist. Hamilton No. C960958, 1997 Ohio App. LEXIS 3467, *4-5 (Aug. 1, 1997); State v. Smith, 3d Dist. Marion No. 9-17-05, 2017-Ohio-5845 ; State v. Marcum, 2013-Ohio-2652, 993 N.E.2d 1289 (5th Dist.) ; State v. Franklin, 5th Dist. Licking No. 11-CA-128, 2012- Ohio-3089 ; State v. Richardson, 5th Dist. Delaware No. 00-CA-A-01-003, 2000 Ohio App. LEXIS 3419 (July 14, 2000) ; State v. Konneh, 6th Dist. Wood No. WD17-007, 2018-Ohio-1239 ; State v. Parker, 6th Dist. Ottawa No. OT-12-034, 2013-Ohio-3470 ; State v. Baker, 6th Dist. Wood No. WD-13-074, 2014-Ohio-2564 ; State v. Grigoryan, 8th Dist. Cuyahoga No. 93030, 2010-Ohio-2883 ; and State v. Kneier, 11th Dist. Portage No. 2015-P-0006, 2015-Ohio-3419.
French, J., would not include Franklin or Konneh among the conflict cases.