# Wolfe v. Ohio Motor Vehicle Dealers Bd., Unpublished Decision (1-12-2004)

> Ohio Court of Appeals · January 12, 2004 · 2004 Ohio 122

URL: https://www.frixlaw.com/law-library/cases/3755574

## Case

- **Full name:** Arletta J. Wolfe v. Ohio Motor Vehicle Dealers Board
- **Court:** Ohio Court of Appeals
- **Decided:** January 12, 2004
- **Citations:** 2004 Ohio 122
- **Precedential status:** Unpublished
- **Opinion:** Concurrence
- **Judges:** BOGGINS, J.
- **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/3755574

## Opinion text

{¶ 55} I concur with the majority's conclusion, but do so on the basis that Crim.R. 11(B)(2) conflicts with R.C. 4517.33 and therefore, Crim.R. 11(B)(2) controls over the statute in question. Thus, the board cannot accept appellee's conviction, in the Canton Municipal Court, which is based upon a no contest plea since Crim.R. 11(B)(2) prohibits the use of such evidence.
{¶ 56} In a case addressing a conflict between the Ohio Rules of Civil Procedure and a state statute, the Ohio Supreme Court held:
{¶ 57} "2. The Ohio Rules of Civil Procedure, which were promulgated by the Supreme Court pursuant to Section 5 (B), Article IV of the Ohio Constitution, must control over subsequently enacted inconsistent statutes purporting to govern procedural matters." Rockey v. 84 Lumber Co., 66 Ohio St.3d 221 , paragraph two of the syllabus, 1993-Ohio-174 .
{¶ 58} I find the issue in the case sub judice analogous to the issue decided in the Rockey case. The Ohio Supreme Court promulgated Crim.R. 11(B)(2) prior to the General Assembly's enactment of R.C. 4517.33 . Therefore, since the subsequently enacted inconsistent statute conflicts with the rule, R.C. 4517.33 is invalid and of no force and effect as applied to the facts currently before the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3755574. Public record. Not legal advice.