# State v. Crago

> Ohio Supreme Court · September 12, 1990 · 53 Ohio St. 3d 243

URL: https://www.frixlaw.com/law-library/cases/6762620

## Case

- **Full name:** The State of Ohio v. Crago
- **Court:** Ohio Supreme Court
- **Decided:** September 12, 1990
- **Citations:** 53 Ohio St. 3d 243; 559 N.E.2d 1353; 1990 Ohio LEXIS 1042
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in State v. Anderson.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6762620

## How later opinions describe it (automated extraction)

- holding that the denial of a motion to dismiss on double jeopardy grounds was not a “final order” within the meaning of R.C. 2953.02 and 2505.02 and that, therefore, a defendant could not appeal the denial of a motion to dismiss based on double jeopardy grounds until after the…
- applying prior version of R.C. 2505.02, which contained present-day language said by appellant to be applicable herein: order affects a substantial right in an action which in effect determines the action and prevents a judgment

## Opinion text

Holmes, J.,
dissenting. I would follow this court’s prior determination in State v. Thomas (1980), 61 Ohio St. 2d 254 , 15 O.O. 3d 262, 400 N.E. 2d 897 .
Sweeney, J., concurs in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6762620. Public record. Not legal advice.