State v. Van Johnson

Full title: THE STATE OF OHIO, APPELLANT v. VAN JOHNSON, APPELLEE

Court: Supreme Court of Ohio

Date published: Mar 25, 1992

587 N.E.2d 298 (Ohio 1992)

587 N.E.2d 298

Opinion

No. 91-1413

Submitted February 11, 1992 —

Decided March 25, 1992.

CERTIFIED by the Court of Appeals for Montgomery County, No. 12335.

Lee C. Falke, Prosecuting Attorney, and Lorine M. Reid, for appellant.

Rebecca Barthelemy-Smith, for appellee.

This cause is reversed on the authority of State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204. However, the defendant-appellee may file for delayed reconsideration of his ineffectiveness-of-counsel claim in the Montgomery County Court of Appeals.

MOYER, C.J., HOLMES, DOUGLAS and RESNICK, JJ., concur.

SWEENEY, J., dissents based on his dissent in State v. Murnahan (1992), 63 Ohio St.3d 60, 67-68, 584 N.E.2d 1204, 1210.

WRIGHT and H. BROWN, JJ., dissent.