STATE v. WHATLEY

No. 2009-0046.

120 Ohio St.3d 1523 (2009)

2009-Ohio-614

State v. Whatley.

Supreme Court of Ohio.

February 18, 2009.


On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 1 of the court of appeals' Journal Entry filed December 23, 2008:

"Where a criminal defendant files a motion seeking to vacate his sentence does R.C. 2953.21 apply to the motion where the defendant has not had a direct appeal?"

PFEIFER, O'DONNELL, and CUPP, JJ., dissent.

The conflict case is State v. Edmisten,...

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