Summary
In State ex rel. Jackson v. Allen (1992), 65 Ohio St.3d 37, 599 N.E.2d 696, a criminal defendant filed a motion to dismiss indictments, alleging that the special prosecutor who had obtained the indictments had been improperly appointed.
Summary of this case from State ex Rel. Johnson v. TalikkaOpinion
No. 91-1391
Submitted September 15, 1992 —
Decided October 21, 1992.
APPEAL from the Court of Appeals for Cuyahoga County, No. 60888.
Stephanie Tubbs Jones, Prosecuting Attorney, George J. Sadd and L. Christopher Frey, Assistant Prosecuting Attorneys, for appellant.
The judgment of the court of appeals suppressing the weapons seized from appellee Harrell's house is reversed on the authority of State v. Perkins (1985), 18 Ohio St.3d 193, 18 OBR 259, 480 N.E.2d 763. The cause is remanded to the Cuyahoga County Court of Common Pleas for an evidentiary hearing on the inevitable discovery exception to the Exclusionary Rule.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.