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State v. Reese

Supreme Court of Ohio

May 16, 2017

The State of Ohio, Appellee,
v.
Reese, Appellant.

          Submitted April 6, 2017

         Appeal from the Court of Appeals for Muskingum County, No. CT2015-0046, 2016-Ohio-1591.

         On Motion for Reconsideration.

          D. Michael Haddox, Muskingum County Prosecuting Attorney, and Gerald V. Anderson II, Assistant Prosecuting Attorney, for appellee.

          Barnhart Law Office, L.L.C., and Robert B. Barnhart, for appellant.

         {¶ 1} On December 30, 2016, on the authority of State v. Gonzales__, Ohio St.3d__, 2016-Ohio-8319, __N.E.3d__ ("Gonzales I"), this court reversed the judgment of the court of appeals and remanded this cause to the trial court for further proceedings. __Ohio St.3d__, 2016-Ohio-8471, __N.E.3d __.

         {¶ 2} On February 7, 2017, we granted the state's motion for reconsideration in Gonzales I, vacated our decision in that case, and reversed the judgment of the Sixth District Court of Appeals. State v. Gonzales, __ Ohio St.3d __, 2017-Ohio-777, __ N.E.3d__, ¶ 3 ("Gonzales II ").

         {¶ 3} Appellee, the state of Ohio, has moved for reconsideration in this cause. The motion for reconsideration is granted. The judgment of the court of appeals is affirmed on the authority of Gonzales II.

          O'Connor, C.J., and O'Donnell, French, and DeWine, JJ., concur.

          O'Neill, J., dissents for the reasons stated in his dissenting opinion in State v. Gonzales, __ Ohio St.3d__, 2017-Ohio-777, __ N.E.3d__, ¶ 73-78.

          Fischer, J., concurring in part and dissenting in part.

         {¶ 4} For the reasons stated in my separate opinion in State v. Gonzales, _ Ohio St.3d, 2017-Ohio-777, N.E.3d, ¶ 24 (Fischer, J., concurring in part and dissenting in part), I respectfully vote to deny the motion for reconsideration, but I join the majority's opinion on the merits in this case.

          Kennedy, J., dissenting.

         {¶ 5} This matter is before the court on a motion for reconsideration filed by appellee, the state of Ohio. Under the procedures in S.Ct.Prac.R. 18.02, we are empowered to "correct decisions which, upon reflection, are deemed to have been made in error." State ex rel Huebner v. W. Jefferson Village Council,75 Ohio St.3d 381, 383, 662 N.E.2d 339 (1996). "We will not, however, grant reconsideration when a movant seeks merely to reargue the case at hand." Dublin City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision,139 Ohio St.3d 212, 2014-Ohio-1940, 11 ...


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