STATE v. BOSTON

No. 88-774.

46 Ohio St. 3d 108 (1989)

THE STATE OF OHIO, APPELLEE, v. BOSTON, APPELLANT.

Supreme Court of Ohio.

Decided October 25, 1989.


Attorney(s) appearing for the Case

Lynn C. Slaby, prosecuting attorney, Marc R. Wolff and Philip D. Bogdanoff, for appellee.

Burdon & Merlitti and James L. Burdon, for appellant.

Randall M. Dana, public defender, Jill E. Stone, Barbara A. Farnbacher and Roger Warner, urging reversal for amid curiae, Ohio Public Defender Commission and Ohio Association of Criminal Defense Lawyers.


DOUGLAS, J.

The serious questions obviously presented by the foregoing facts and the need for guidance and direction to our trial courts and courts of appeals in the trial and review of alleged child abuse cases cannot be better stated than by the following.

In his brief, but incisive, concurring opinion in the case at bar in the court of appeals, Presiding Judge Quillin said, in part:

"* * * A majority of the five judges of the Ninth District Court...

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