State v. Johnson
Annotate this Case
Download PDF
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Johnson, Slip Opinion No. 2012-Ohio-975.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2012-OHIO-975 THE STATE OF OHIO, APPELLEE, v. JOHNSON, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Johnson, Slip Opinion No. 2012-Ohio-975.] Court of appeals judgment vacated and cause remanded for application of United States v. Jones. (No. 2011-0033 Submitted October 19, 2011 Decided March 13, 2012.) APPEAL from the Court of Appeals for Butler County, No. CA2009-12-307, 190 Ohio App.3d 750, 2010-Ohio-5808. __________________ {¶ 1} The judgment of the court of appeals is vacated, and the cause is remanded to the court of common pleas for application of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, ___ L.Ed.2d ___ (2012). {¶ 2} Appellee s motion for supplemental briefing is denied. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ SUPREME COURT OF OHIO Michael T. Gmoser, Butler County Prosecuting Attorney, Michael A. Oster Jr., Chief, Appellate Division, and Donald R. Caster, Assistant Prosecuting Attorney, for appellee. Arenstein & Gallagher and William R. Gallagher, for appellant. Ravert J. Clark, urging reversal for amici curiae National Association of Criminal Defense Lawyers, Electronic Frontier Foundation, and Center for Democracy and Technology. Norman L. Reimer, Executive Director, and Michael W. Price, National Security Coordinator; and Vladeck, Waldman, Elias & Engelhard, P.C., and Susan J. Walsh, urging reversal for amicus curiae National Association of Criminal Defense Lawyers. Timothy Young, Ohio Public Defender, urging reversal for amicus curiae Office of the Ohio Public Defender. Cullen Sweeney, urging reversal for amicus curiae Ohio Association of Criminal Defense Lawyers. H. Louis Sirkin and Jennifer M. Kinsley, urging reversal for amicus curiae First Amendment Lawyers Association. Gamso, Helmick & Hoolahan, and Jeffrey M. Gamso, urging reversal for amicus curiae American Civil Liberties Union of Ohio Foundation, Inc. Jack A. Guttenberg and Daniel T. Kobil, Professors of Law, Capital University Law School, amici curiae, urging reversal. Lewis R. Katz, Professor of Law, Case Western Reserve University School of Law, amicus curiae, urging reversal. Margery M. Koosed, Professor of Law, University of Akron School of Law, amicus curiae, urging reversal. Janet Moore, Visiting Assistant Professor of Law, University of Cincinnati College of Law, amicus curiae, urging reversal. 2 January Term, 2012 John B. Quigley, Professor of Law, Moritz College of Law, Ohio State University, amicus curiae, urging reversal. Richard B. Saphire, Professor of Law, University of Dayton School of Law, amicus curiae, urging reversal. ______________________ 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
