STATE v. SHINDLER

No. 93-1546.

70 Ohio St.3d 54 (1994)

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

Supreme Court of Ohio.

Decided August 10, 1994.


Attorney(s) appearing for the Case

Mark D. Tolles, for appellant.

William V. Stephenson, Wood County Public Defender, for appellee.

Rittgers & Mengle, Charles H. Rittgers and W. Andrew Hasselbach, urging affirmance on behalf of amicus curiae, Ohio Association of Criminal Defense Lawyers.


NUGENT, J.

The issue presented for our review is to what extent a motion to suppress evidence must set forth its legal and factual bases in order to require a hearing.

Crim.R. 47 provides:

"An application to the court for an order shall be by motion. A motion, other than one made during trial or hearing, shall be in writing unless the court permits it to be made orally. It shall state with particularity the grounds upon which it is made and shall set...

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