STATE v. CARNES

No. 2017-0087.

116 N.E.3d 138 (2018)

154 Ohio St.3d 527

2018-Ohio-3256

The STATE of Ohio, Appellee, v. CARNES, Appellant.

Supreme Court of Ohio.

Decided August 15, 2018.


Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Scott M. Heenan , Assistant Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Peter Galyardt , Assistant Public Defender, for appellant.

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Daniel T. Van , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Cuyahoga County Prosecutor's Office.

Ronald Lemieux , urging reversal for amicus curiae Buckeye Firearms Association.

Juvenile Law Center and Marsha L. Levick ; and Winston & Strawn, L.L.P., Samuel S. Park , and John E. Drosick , urging reversal for amicus curiae Juvenile Law Center.

Nadia N. Seeratan , urging reversal for amicus curiae National Juvenile Defender Center.


{¶ 1} In this discretionary appeal, we consider whether using a prior juvenile adjudication of delinquency for the commission of an offense that would have been felonious assault if it had been committed by an adult as an element of the offense of having a weapon under disability as set forth in R.C. 2923.13(A)(2)...

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