STATE v. JOHNSON

No. 2011-0033.

131 Ohio St.3d 301 (2012)

2012-Ohio-975

THE STATE OF OHIO, Appellee, v. JOHNSON, Appellant.

Supreme Court of Ohio.

Decided March 13, 2012.


Attorney(s) appearing for the Case

Michael T. Gmoser , Butler County Prosecuting Attorney, Michael A. Oster Jr. , Chief, Appellate Division, and Donald R. Caster , Assistant Prosecuting Attorney, for appellee.

Arenstein & Gallagher and William R. Gallagher , for appellant.

Ravert J. Clark , urging reversal for amici curiae National Association of Criminal Defense Lawyers, Electronic Frontier Foundation, and Center for Democracy and Technology.

Norman L. Reimer , Executive Director, and Michael W. Price , National Security Coordinator; and Vladeck, Waldman, Elias & Engelhard, P.C., and Susan J. Walsh , urging reversal for amicus curiae National Association of Criminal Defense Lawyers.

Timothy Young , Ohio Public Defender, urging reversal for amicus curiae Office of the Ohio Public Defender.

Cullen Sweeney , urging reversal for amicus curiae Ohio Association of Criminal Defense Lawyers.

H. Louis Sirkin and Jennifer M. Kinsley , urging reversal for amicus curiae First Amendment Lawyers Association.

Gamso, Helmick & Hoolahan, and Jeffrey M. Gamso , urging reversal for amicus curiae American Civil Liberties Union of Ohio Foundation, Inc.

Jack A. Guttenberg and Daniel T. Kobil , Professors of Law, Capital University Law School, amici curiae, urging reversal.

Lewis R. Katz , Professor of Law, Case Western Reserve University School of Law, amicus curiae, urging reversal.

Margery M. Koosed , Professor of Law, University of Akron School of Law, amicus curiae, urging reversal.

Janet Moore , Visiting Assistant Professor of Law, University of Cincinnati College of Law, amicus curiae, urging reversal.

John B. Quigley , Professor of Law, Moritz College of Law, Ohio State University, amicus curiae, urging reversal.

Richard B. Saphire , Professor of Law, University of Dayton School of Law, amicus curiae, urging reversal.


{¶ 1} The judgment of the court of appeals is vacated, and the cause is remanded to the court of common pleas for application of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012).

{¶ 2} Appellee's motion for supplemental briefing is denied.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN...

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