STATE v. KINNEY

No. 2019-1103.

171 N.E.3d 318 (2020)

163 Ohio St.3d 537

2020-Ohio-6822

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

Supreme Court of Ohio.

Decided December 22, 2020.


Attorney(s) appearing for the Case

David A. Yost , Attorney General, Benjamin M. Flowers , Solicitor General, Michael J. Hendershot , Chief Deputy Solicitor General, and Diane R. Brey , Deputy Solicitor General; and Daniel P. Fry , Belmont County Prosecuting Attorney, and J. Kevin Flanagan , Chief Assistant Prosecuting Attorney, for appellee.

Gagin Legal Services, L.L.C., and Christopher J. Gagin , for appellant.

Timothy Young , Ohio Public Defender, and Peter Galyardt , Assistant Public Defender, urging reversal for amicus curiae Ohio Public Defender.

Pinales, Stachler, Young & Burrell Co., L.P.A., and Stephanie F. Kessler ; Cincinnati, and Kristina Supler , Cleveland, urging reversal for amicus curiae National Association of Criminal Defense Lawyers.


{¶ 1} The judgment of the Seventh District Court of Appeals is reversed, and the cause is remanded to that court for further proceedings consistent with our opinion in State v. Patrick, ___ Ohio St.3d ___, 2020-Ohio-6803, ___ N.E.3d ___.

O'Connor, C.J., and French, Donnelly, and Stewart, JJ., concur.

Kennedy, J., dissents and would dismiss the appeal as having been improvidently accepted.

Fischer, J., dissents, with an opinion...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases