STATE EX REL. YOST v. BURNS

No. 2020-1078.

200 N.E.3d 183 (2022)

168 Ohio St.3d 507

2022-Ohio-1326

The STATE EX REL. YOST, Atty. Gen., Appellant, v. BURNS, Appellee.

Supreme Court of Ohio.

Decided April 26, 2022.


Attorney(s) appearing for the Case

Dave Yost , Ohio Attorney General, Benjamin M. Flowers , Solicitor General, Stephen Carney , Chief Deputy Solicitor General, and Todd R. Marti and Ashley A. Barbone , Assistant Attorneys General, for appellant.

Bricker & Eckler, L.L.P., and Janet K. Cooper , Dayton, for appellee.

Gingo & Bair Law, L.L.C., Lindsay F. Gingo , Independence, and Sarah E. Kutscher , Cleveland, urging affirmance for amici curiae Buckeye Association of School Administrators, Ohio Association of School Business Officials, and Ohio School Boards Association.


{¶ 1} At its core, this case is about whether appellee, Robert Burns, may be held responsible for the embezzlement of public money by Carl Shye from Burns's and Shye's mutual employer, even though it is clear from the record that Burns played no part in Shye's criminal activity. We conclude that Burns is not strictly...

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