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DEROLPH v. STATE

No. 1999-0570.

97 Ohio St.3d 434 (2002)

2002-Ohio-6750

DEROLPH ET AL., APPELLEES, v. THE STATE OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 11, 2002.

Attorney(s) appearing for the Case

Bricker & Eckler, L.L.P., Nicholas A. Pittner, John F. Birath Jr., Sue W. Yount, Quintin F. Lindsmith and Susan B. Greenberger, for appellees.

Betty D. Montgomery, Attorney General, Mary Lynn Readey, Roger F. Carroll and James G. Tassie, Assistant Attorneys General, for appellants.

PFEIFER, J.

{¶ 1} In DeRolph v. State (2001), 93 Ohio St.3d 309, 310, 754 N.E.2d 1184 ("DeRolph III"), this court issued an opinion with which none of the majority was "completely comfortable." As the author, Chief Justice Moyer, noted, we did so in an attempt to eliminate the "uncertainty and fractious debate" occasioned by our continued role in the case. Id. at 311, 754 N.E.2d 1184. A motion...

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