State v. Forrest
Annotate this CaseAppellee was indicted on drug-related charges. The trial court granted Appellee's motion to suppress the evidence obtained during a search, finding the search violated the Fourth Amendment. A three-judge panel of the court of appeals affirmed. The State subsequently filed an application for en banc consideration and moved to have all eight judges of the court of appeals rule on its application. The three-judge panel that heard the State's original appeal denied the motion for participation of all eight judges and found that en banc consideration was unwarranted. At issue before the Supreme Court was whether it was proper for only the panel, and not the en banc court, to review and deny the State's application for en banc consideration. The Supreme Court affirmed, concluding that the court of appeals' method of handling the State's application for en banc consideration was permissible under Ohio R. App. P. 26(A)(2).
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