# State v. Alsup

> Ohio Supreme Court · January 25, 2011 · 128 Ohio St. 3d 340

URL: https://www.frixlaw.com/law-library/cases/2691333

## Case

- **Full name:** The State of Ohio, Appellant, v. Alsup, Appellee
- **Court:** Ohio Supreme Court
- **Decided:** January 25, 2011
- **Citations:** 128 Ohio St. 3d 340; 2011 Ohio 227
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** O'Connor, Stratton, O'Donnell, Cupp, Brown, Pfeifer, Lanzinger
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2691333

## Opinion text

[Cite as State v. Alsup, 128 Ohio St.3d 340, 2011-Ohio-227.]

THE STATE OF OHIO, APPELLANT, v. ALSUP, APPELLEE.
[Cite as State v. Alsup, 128 Ohio St.3d 340, 2011-Ohio-227.]
Discretionary appeal accepted, judgment of the court of appeals vacated, and
cause remanded to the court of appeals for application of State v.
Johnson.
(No. 2010-1748 — Submitted January 4, 2011 — Decided January 25, 2011.)
APPEAL from the Court of Appeals for Montgomery County, No. 23641,
2010-Ohio-4038.
__________________
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals is vacated on the authority of
State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the
cause is remanded to the court of appeals for application of our decision in State
v. Johnson.
O’CONNOR, C.J., and LUNDBERG STRATTON, O’DONNELL, CUPP, and
MCGEE BROWN, JJ., concur.
PFEIFER and LANZINGER, JJ., dissent and would not accept the
discretionary appeal.
__________________
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and R.
Lynn Nothstine, Assistant Prosecuting Attorney, for appellant.
__________________

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2691333. Public record. Not legal advice.