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STATE v. EASH

No. 2005-1659.

110 Ohio St.3d 1235 (2006)

2006-Ohio-3668

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

Supreme Court of Ohio.

Decided August 2, 2006.

Attorney(s) appearing for the Case

Nick A. Selvaggio, Champaign County Prosecuting Attorney, and Scott D. Schockling, Assistant Prosecuting Attorney, for appellant.

Richard A. Cline and Gregory K. Lind, for appellee.

William F. Schenck, Greene County Prosecuting Attorney, and Joshua A. Engel, Warren County Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Todd R. Marti, Assistant Solicitor, and Paul Bernhart, Assistant Attorney General, urging reversal for amicus curiae Ohio Attorney General.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

MOYER, C.J., RESNICK, PFEIFER and O'DONNELL, JJ., concur.

LUNDBERG STRATTON, O'CONNOR and LANZINGER, JJ., dissent.

O'CONNOR, J., dissenting.

{¶ 2} I dissent from the majority's decision to dismiss this cause as having been improvidently accepted. The issue presented...

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