Ballard v. State

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Ballard v. State, Slip Opinion No. 2013-Ohio-2412.] 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. 2013-OHIO-2412 BALLARD, APPELLEE, v. THE STATE OF OHIO, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Ballard v. State, Slip Opinion No. 2013-Ohio-2412.] Court of appeals judgment reversed and cause remanded on the authority of Dunbar v. State. (No. 2012-1525 Submitted June 5, 2013 Decided June 13, 2013.) ____________________ APPEAL from the Court of Appeals for Cuyahoga County, No. 97882, 2012-Ohio-3086. ____________________ {¶ 1} The judgment of the court of appeals is reversed and the cause is remanded on authority of Dunbar v. State, ___ Ohio St.3d ___, 2013-Ohio-2163, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, FRENCH, and O NEILL, JJ., concur. ____________________ SUPREME COURT OF OHIO Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, and Peter K. Glenn-Applegate, Deputy Solicitor; and Timothy J. McGinty, Cuyahoga County Prosecuting Attorney, and Michael A. Dolan, Assistant Prosecuting Attorney, for appellant. Samuel S. Riotte and David B. Malik, for appellee. ________________________ 2

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